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

Vol. 151 WASHINGTON, FRIDAY, NOVEMBER 18, 2005 No. 154 House of Representatives The House met at 9 a.m. and was THE JOURNAL ing free elections instead of the fake called to order by the Speaker pro tem- The SPEAKER pro tempore. The ones that Saddam Hussein forced on pore (Mr. SIMPSON). Chair has examined the Journal of the them for many years. Yet, I do not hear many Democrats f last day’s proceedings and announces to the House his approval thereof. speak of this progress. All they talk about is how we are in a ‘‘quagmire’’ DESIGNATION OF THE SPEAKER Pursuant to clause 1, rule I, the Jour- and that the war has been a ‘‘grotesque PRO TEMPORE nal stands approved. mistake.’’ The SPEAKER pro tempore laid be- f Our men and women are not only fore the House the following commu- PLEDGE OF ALLEGIANCE fighting terrorists over in Iraq, but nication from the Speaker: they are also setting up roads and WASHINGTON, DC, The SPEAKER pro tempore. Will the schools. But Democrats would rather November 18, 2005. gentleman from Texas (Mr. POE) come have us cut and run and, in the process, I hereby appoint the Honorable MICHAEL K. forward and lead the House in the undo all the good work that has been SIMPSON to act as Speaker pro tempore on Pledge of Allegiance. done. this day. Mr. POE led the Pledge of Allegiance J. DENNIS HASTERT, as follows: f Speaker of the House of Representatives. I pledge allegiance to the Flag of the COURAGE OUTWEIGHS POLITICS f United States of America, and to the Repub- (Mr. BLUMENAUER asked and was lic for which it stands, one nation under God, given permission to address the House PRAYER indivisible, with liberty and justice for all. for 1 minute.) The Chaplain, the Reverend Daniel P. f Mr. BLUMENAUER. Mr. Speaker, Coughlin, offered the following prayer: ANNOUNCEMENT BY THE SPEAKER yesterday was the most significant day Tomorrow is the anniversary of PRO TEMPORE in the war in Iraq since we first began President Abraham Lincoln’s famous our attack. As President Bush is learn- Gettysburg Address. The SPEAKER pro tempore. The ing that our few allies are withdrawing Lord, Lincoln spoke of the ‘‘mystic Chair will entertain up to five 1-minute their troops, Congressman JACK MUR- chords of memory.’’ He believed the re- speeches per side. THA has publicly concluded it is time to vered dead make distinct demands on f bring our troops home. us, the living. Despite attacks by some who never In honoring those who gave their DEMOCRATS REFUSE TO SEE had a hint of his military service, lives to preserve the sacred union of PROGRESS IN IRAQ whose own mismanagement, not just of this Nation and to uphold the emanci- (Ms. FOXX asked and was given per- the information that got us into this pated freedom of all peoples, Lincoln mission to address the House for 1 effort, but whose inept mismanage- said, ‘‘We take increased devotion to minute.) ment of the war itself left us with few that cause for which they gave the last Ms. FOXX. Mr. Speaker, I rise today good options, JACK MURTHA remains full measure of devotion.’’ to talk about something that Demo- the single most knowledgeable and re- So at Gettysburg then, so again, now, crats lately seem incapable of speaking spected Member of this House dealing we the living are obliged to be ‘‘highly about, and that is the progress that is with military affairs. resolved that the dead shall not have being made in Iraq. I have not seen eye-to-eye with JACK died in vain.’’ As of late last month, 210,400 Iraqi se- from the beginning, when I opposed at- By Your grace, Lord, and only by ful- curity forces have been trained and tacking Iraq, to a statement I just filling present obligations to strength- equipped. Thirty-six Army battalions posted, after weeks of thought, for a en national unity and assure equal jus- and three combat support battalions more gradual withdrawal. But I and tice, will we the living pay fitting trib- are leading the fight in their areas, a 71 every Member who is thinking hon- ute to ‘‘the honored dead.’’ Each gen- percent increase since March. More estly about this sad episode will recon- eration of Americans must see to it than 50,800 Iraqi police have completed sider my conclusion because of JACK ‘‘that this Nation under God shall have the basic training course. MURTHA’s courageous and heartfelt a new birth of freedom.’’ And, adding to that, the progress of statement. He is the only Member of This must be our resolve, Lord, with the Iraqi people towards democracy has Congress who has earned the right to Your help now and forever. Amen. been tremendous. They are now hold- be listened to . . .

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

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VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10912 CONGRESSIONAL RECORD — HOUSE November 18, 2005 AMERICANS ARE DYING BECAUSE WE MUST FINISH OUR MISSION IN WAIVING POINTS OF ORDER OF FLAWED IMMIGRATION POLICY IRAQ AGAINST CONFERENCE REPORT (Mr. POE asked and was given per- (Mr. WILSON of South Carolina ON H.R. 2528, MILITARY QUALITY mission to address the House for 1 asked and was given permission to ad- OF LIFE AND VETERANS AF- minute.) dress the House for 1 minute and to re- FAIRS APPROPRIATIONS ACT, Mr. POE. Mr. Speaker, Officer Brian vise and extend his remarks.) 2006 Jackson loved his job. He had been a Mr. WILSON of South Carolina. Mr. Mr. GINGREY. Mr. Speaker, by di- member of the Dallas Police Depart- Speaker, last month, Ayman Zawahiri, rection of the Committee on Rules, I ment since 2001. He moved to Dallas al Qaeda’s number two leader, said that call up House Resolution 564 and ask from his hometown in Rhode Island be- the terrorist mission was to ‘‘expel the for its immediate consideration. cause he wanted to ‘‘be a big city cop.’’ Americans from Iraq.’’ Yesterday, this The Clerk read the resolution, as fol- But in the early morning hours of statement was echoed when Demo- lows: last Sunday, the last 15 minutes of his cratic Congressman JOHN MURTHA H. RES. 564 shift, Officer Brian Jackson, 28, re- called for U.S. troops to be withdrawn Resolved, That upon adoption of this reso- sponded to one last call. His shift was from Iraq. lution it shall be in order to consider the basically over, but he agreed to answer Instead of proposing winning solu- conference report to accompany the bill one more emergency. tions for the Global War on Terrorism, (H.R. 2528) making appropriations for mili- It was not only his last call of the some Democrats are throwing up their tary quality of life functions of the Depart- night, but it was his last call ever. Offi- hands and waving the white flag of sur- ment of Defense, military construction, the cer Jackson was responding to a do- render. As our brave men and women in Department of Veterans Affairs, and related agencies for the fiscal year ending Sep- mestic disturbance call when he was uniform continue to protect our coun- tember 30, 2006, and for other purposes. All murdered, allegedly by an illegal alien try, NANCY PELOSI, JOHN MURTHA, and points of order against the conference report from Mexico named Juan Lizcano. other Democrats should have learned and against its consideration are waived. But this crime could have been avoid- from last week’s mass murders in Jor- The conference report shall be considered as ed. This illegal alien had been arrested dan that we face a global enemy, fol- read. twice in the last year, but because of lowing the bus bombings in London and The SPEAKER pro tempore. The gen- safe haven sanctuary laws in Dallas, he New Delhi. tleman from Georgia (Mr. GINGREY) is was never deported. Because of these As a 31-year veteran and the father of recognized for 1 hour. preposterous laws, a dedicated police a son who served in Iraq, I know our Mr. GINGREY. Mr. Speaker, for the officer, husband, and friend lost his troops and brave Iraqi patriots are purpose of debate only, I yield the cus- life. making tremendous progress pro- tomary 30 minutes to the gentleman Officer Jackson and his newlywed tecting American families. Americans from Massachusetts (Mr. MCGOVERN), wife had just returned from a delayed recognize we will face the terrorists on pending which I yield myself such time honeymoon in Hawaii. the streets of Iraq or we will face them as I may consume. During consider- Americans are dying because the gov- again in America. ation of this resolution, all time yield- ernment does not protect our borders. In conclusion, God bless our troops, ed is for the purpose of debate only. This is yet another example of our Na- and we will never forget September 11. House Resolution 564 waives all tion’s flawed immigration policy. This points of order against the conference ought not to be. f report and against its consideration, f and it provides that the conference re- DEMONSTRATING THE COURAGE port shall be considered as read. REPUBLICANS CUT CRITICAL OF OUR CONVICTIONS Mr. Speaker, I rise today in support PROGRAMS (Mr. MCGOVERN asked and was of House Resolution 564 and the under- (Mr. DEFAZIO asked and was given given permission to address the House lying conference report for H.R. 2528, permission to address the House for 1 for 1 minute.) the Military Construction and Vet- minute.) Mr. MCGOVERN. Mr. Speaker, the erans Affairs and Related Agencies Ap- Mr. DEFAZIO. Well, the Republicans American people want this Congress to propriations Act for fiscal year 2006. are preparing for Thanksgiving, like debate the war in Iraq. We should have Today, this House has the oppor- many Americans. But early this morn- had a debate before we entered into tunity to pass a conference report that ing they slaughtered the turkey. They this war. Instead, we rushed into it. will provide $45.4 billion to fund the chopped student loans, school lunch, Yesterday, Congressman JACK MUR- very important needs of our service- foster care, long-term care, and Med- THA, a man of conscience, a decorated men and women, our veterans, and our icaid for struggling families. Now they Vietnam veteran, one of the leading ad- military infrastructure. are preparing to serve a huge portion, vocates for the military here in the This conference report provides an with gravy, to Americans with gen- United States Congress, stood up and all-inclusive look at the programs that erous new tax breaks and extended tax told it like it is, that the situation in are related to the quality of life of cuts to those who earn more than Iraq is getting worse, not getting bet- those who currently serve America in $300,000 a year and who clip coupons for ter, and we, our huge U.S. presence, is the armed forces, their families, and a living, hard-working Americans a major part of the problem. We have those men and women who have sac- them. become the focus. We have become the rificed so much for our freedom in the They are a little worried about kind people who are being attacked. past. of the mixed metaphor here, whether Congressman MURTHA deserves cred- Mr. Speaker, by providing $45.4 bil- or not they will be called Scrooge, and it. Rather than engaging in a debate, lion, this conference report actually some people will confuse Thanksgiving what we hear from the other side and marks an increase of $3.1 billion from and Christmas. So they might put the from the White House is more and fiscal year 2005, and it is an increase of bird back in the freezer and wait until more smear tactics, those who claim $300,000 from the President’s request. closer to Christmas and hope that the they are somehow being unpatriotic. The bill funds the Department of struggling students and families forget Nothing could be farther from the Veterans Affairs at $22.5 billion, $1.7 what was taken from them to help truth. Dissent in the face of policies billion above the fiscal year 2005 en- those who earn over $300,000 a year. that you disagree with is patriotism. acted level, and $575 million above the So that is the big decision on the Re- To remain silent as you see this coun- 2006 budget request by the President. publican side of the aisle today. When try going down the wrong path is not Particularly important is the funding does the turkey, composed of benefits patriotism, it is moral cowardice. for veterans’ medical services that in- that should have gone to struggling I praise Congressman JACK MURTHA cludes for the very first time $2.2 bil- families, as a gift to the wealthy, get for having the courage of his convic- lion strictly allocated for specialty delivered, Thanksgiving or Christmas? tions and standing up and leading the mental health care on top of a doubling Tough choice. Stay tuned. way to get us out of this war in Iraq. for funding of mental health research.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10913 b 0915 Other important actions taken by construction, for our military’s quality Mr. Speaker, I should note that over the conferees are the specific targeting of life. As my good friend and colleague the past 2 years, funding for veterans of $2.2 billion for specialty mental from Illinois JESSE JACKSON, JR., said medical care has increased by 18 per- health care for our veterans and fully yesterday on the floor of this House, cent. Let me repeat: Funding for vet- funding the requested amounts for it’s like a farmer saying the summer erans medical care has increased over posttraumatic stress disorders. In addi- harvest is bad when he failed to plant the past 2 years by 18 percent. The con- tion, this bill creates three Centers of seeds in the spring. ference provides a particular victory Excellence for mental health and Mr. Speaker, like all of my House for veterans back home in northwest PTSD medical care. colleagues, I will be supporting this Georgia, my district, and across the Mr. Speaker, last week I was at a conference report, but we simply have Nation. This bill does not, and I repeat, forum in western Massachusetts, and I to do better in the future. does not, contain any new fees for vet- met a Massachusetts father whose son Mr. Speaker, I yield back the balance erans medical services or prescription had served in Iraq. He told me about of my time. drugs. This conference report provides the difficulty his son had attempting Mr. GINGREY. Mr. Speaker, I would $6.2 billion for military construction, to reintegrate himself back into civil- like to close this morning by saluting $5.1 billion for Active Duty construc- ian life following his tour of duty. One those men and women who so proudly tion, and $1.1 billion for Reserve com- night during a conversation, his son and bravely serve our country. Their ponents. broke down in tears and laid his head sacrifices and their families’ sacrifices Mr. Speaker, I will conclude my in his father’s lap and cried. The father are beyond the average American’s statement by acknowledging Sub- told me at that forum that the next comprehension. We must acknowledge committee Chairman WALSH and Chair- time he held his son’s head in his lap that without these individuals, the rest man LEWIS for their overall vision and was a couple of weeks later when he of us could not enjoy the freedoms we dedication to completing this bill, both cut the rope that his son had used to so often discuss in this Chamber. here in the House and in the con- hang himself in their basement. The appropriation conference report ference, for the sake of our servicemen Mr. Speaker, we need to recognize that will be passed today should stand and women, past and present. the vast need, the urgent and increas- as a ‘‘thank you’’ to those who have Mr. Speaker, I look forward to this ing need, for counseling services for the worn the uniform of our Nation. Some debate. I encourage my colleagues to men and women returning from Iraq will say the bill does not provide support the rule and the underlying and Afghanistan. The New England enough for those who are veterans of conference report. Journal of Medicine reported earlier military service. Well, in a way, Mr. Mr. Speaker, I reserve the balance of this year that one in five of the sol- Speaker, I would agree with that. I my time. diers leaving the Iraq war are suffering honestly do not believe we can ever do Mr. MCGOVERN. Mr. Speaker, I yield from posttraumatic stress disorder and enough to support our military men myself such time as I may consume. other mental health problems. We have and women. They deserve so much Mr. Speaker, I want to thank my to make their ability to receive coun- more than we will ever be able to af- friend the gentleman from Georgia seling and support simple and seam- ford to give. It is truly an unbalanced (Mr. GINGREY) for yielding me the cus- less. We have to make sure that they relationship. They sacrifice everything tomary 30 minutes. do not run into bureaucratic walls or for our liberties. We can only repay a Mr. Speaker, this is the first con- receive the runaround just when they small portion of that debt. ference report that the House will con- need help the most. So, Mr. Speaker, I will finish my re- sider as a military quality of life-VA I know that this is something that marks simply by saying thank you to appropriations bill. As we all know, as the chairman and ranking member our troops, thank you to our veterans, a result of the subcommittee realign- think about a great deal, and I simply and may God bless you and keep you ment adopted earlier this year by the want to express my support for their safe. Appropriations Committee, military efforts to confront this growing crisis. Mr. Speaker, I yield back the balance construction, Defense Department Mr. Speaker, this conference report of my time, and I move the previous health programs and all veterans pro- also increases the amount of funding question on the resolution. grams are now contained in this one for military construction and housing The previous question was ordered. appropriations bill. I want to express over the President’s request and over The resolution was agreed to. my respect and voice my praise for the the amount in the House-passed bill. A motion to reconsider was laid on work of Chairman WALSH and Ranking Even so, at this level of funding, if will the table. Member EDWARDS for their work on take nearly eight decades to meet the f this bipartisan-supported conference needs currently identified by the Pen- WAVING POINTS OF ORDER report. tagon for military housing and modern AGAINST CONFERENCE REPORT This final conference report is a sig- basing and training facilities. ON H.R. 3058, TRANSPORTATION, nificant improvement over the earlier Mr. Speaker, everyone in this Con- TREASURY, HOUSING AND House-passed bill, especially in the gress talks about how we support our URBAN DEVELOPMENT, THE JU- areas of medical care and benefits for troops and how we honor their service DICIARY, THE DISTRICT OF CO- our veterans. Veterans medical serv- and sacrifice, but year after year we LUMBIA, AND INDEPENDENT ices are funded at $22.5 billion, which fail to meet the needs of our veterans, AGENCIES APPROPRIATIONS ACT has long been the position on this side the old and the new, and we fail to pro- FOR FISCAL YEAR 2006 of the aisle as the minimum amount of vide the funds to provide our uniformed funding required to meet our veterans men and women the housing and train- Mr. LINCOLN DIAZ-BALART of health needs. This total is $575 million ing facilities that they need in order to Florida. Mr. Speaker, by direction of above the President’s budget request prepare for the deadly duties we de- the Committee on Rules, I call up and $1.7 billion more than last year. mand of them. House Resolution 565 and ask for its Mr. Speaker, over the last 2 years, This is a matter of priorities. This is immediate consideration. the funding amount needed to meet a statement of values and principles The Clerk read the resolution, as fol- veterans medical care has increased by about whether and how we really do be- lows: 18 percent, so while I welcome this in- lieve our troops and our veterans merit H. RES. 565 crease in veterans medical services, I the very best this Nation can provide. Resolved, That upon adoption of this reso- remain concerned about the total We just cannot stand here year after lution it shall be in order to consider the amount of funds that will actually be year and praise the conferees for doing conference report to accompany the bill required over the coming year. I pre- the best they could within the budget (H.R. 3058) making appropriations for the De- partments of Transportation, Treasury, and dict that we will still need to find addi- allocation they were given. It is the Housing and Urban Development, the Judici- tional funds next year to meet the fis- Congress that determines the amount ary, District of Columbia, and independent cal year 2006 medical needs of our vet- of that budget allocation for our vet- agencies for the fiscal year ending Sep- erans. erans, for our military housing and tember 30, 2006, and for other purposes. All

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10914 CONGRESSIONAL RECORD — HOUSE November 18, 2005 points of order against the conference report crease of $2.1 billion over last year. The Block Grant Program. CDBG is a high- and against its consideration are waived. funds will permit the Department to ly effective program that provides the The conference report shall be considered as administer programs that assist the resources to improve, energize and re- read. public with housing needs, economic vitalize communities across the Na- The SPEAKER pro tempore. The gen- and community development, fair tion. Like hundreds of cities across the tleman from Florida (Mr. LINCOLN housing opportunities, and will also country, in Sacramento CDBG has en- DIAZ-BALART) is recognized for 1 hour. empower low- and moderate-income abled transformative improvements to Mr. LINCOLN DIAZ-BALART of residents toward self-sufficiency. downtown and the rest of the city. I Florida. Mr. Speaker, for the purpose Under HUD, the bill includes funding thank the appropriators for recog- of debate only, I yield the customary 30 for such important programs as Tenant nizing the vital nature of CDBG in pro- minutes to the gentlewoman from Cali- Based Rental Assistance, also known viding this funding. fornia (Ms. MATSUI), pending which I as section 8, and other important pro- yield myself such time as I may con- b 0930 grams. sume. During consideration of this res- H.R. 3058, Mr. Speaker, provides $5.8 Another vital community resource olution, all time yielded is for the pur- billion for the Judiciary. It is an in- funded in this bill is the housing choice pose of debate only. voucher program known as section 8. (Mr. LINCOLN DIAZ-BALART of crease of 6 percent. This will fully fund This program allows low-income fami- Florida asked and was given permis- the Judiciary’s request for security im- lies, senior citizens and citizens with sion to revise and extend his remarks.) provements at Federal facilities and Mr. LINCOLN DIAZ-BALART of will enable the courts, obviously, to disabilities to obtain affordable hous- Florida. Mr. Speaker, House Resolution continue to effectively carry out their ing. 565 is a standard, traditional rule for duties to guarantee the rule of law. On several occasions, my constitu- consideration of the conference report This is a good bill, Mr. Speaker. I ents have told me that were it not for for the fiscal year 2006 Departments of think it is essential to our continued these vouchers, they would have faced Transportation, Treasury, Housing and commitment to our transportation the fear and uncertainty associated Urban Development, the Judiciary, needs and the needs obviously encom- with not knowing if tomorrow you District of Columbia, and Independent passed, dealt with, by the other depart- have someplace to call home. It is clear Agencies appropriations conference re- ments that we are funding today. that this program makes a difference port. The rule waives all points of I want to thank Chairman LEWIS, in people’s lives. I hope that when we order against the conference report and Chairman KNOLLENBERG and everybody come back next year and start to put against its consideration. who has worked so hard on this legisla- together the FY 2007 budget, we will re- The underlying legislation before us, tion. I know it has been a tough, tough member the positive impact that these Mr. Speaker, makes appropriations for bill, and it has required a lot of work. programs have on the lives of our con- the departments that I have men- I urge my colleagues to support both stituents and all Americans. tioned. The bill is fiscally sound. It the rule and the underlying legislation. Even though we will again face lim- represents our commitment to provide Mr. Speaker, I reserve the balance of ited resources, I hope that when the the necessary resources for programs my time. time comes to construct the budget, we and projects throughout the Nation Ms. MATSUI. Mr. Speaker, I yield will begin by determining who truly ranging from transportation to housing myself such time as I may consume. needs the government’s help the most and the judiciary and the Executive Of- (Ms. MATSUI asked and was given and which programs are most effective fice of the President and the District of permission to revise and extend her re- at delivering positive results. If we Columbia. marks.) make that our top priority, I am sure It is well-known that our transpor- Ms. MATSUI. Mr. Speaker, I thank this Congress and the Nation will be tation infrastructure is the backbone the gentleman from Florida for yield- satisfied with the results. of the economy. Obviously, its contin- ing me this time. Again, I thank the appropriators for ued strength is essential to economic Mr. Speaker, we are considering a their hard work and leadership this growth, and the bill ensures that we rule for H.R. 3058, which will appro- year on this conference report and continue to have a reliable and stable priate funding for a broad section of throughout the year. I hope my col- transportation infrastructure that will the Federal Government, including the leagues will support the rule and the help the economy continue to grow. Departments of Transportation, Treas- underlying bill. The bill includes almost $37 billion in ury, Housing and Urban Development, Mr. Speaker, I yield back the balance funds for our highway system, an in- as well as the Federal judiciary and the of my time. crease of $1.6 billion. These funds will District of Columbia. I commend all Mr. LINCOLN DIAZ-BALART of serve the American people by contrib- the conferees and particularly Chair- Florida. Mr. Speaker, I yield back the uting to a fast, safe, efficient, acces- man KNOLLENBERG and Ranking Mem- balance of my time, and I move the sible and convenient highway system ber OLVER for their dedication to com- previous question on the resolution. that meets the vital national interests pleting the conference report on this The previous question was ordered. and enhances the quality of life. sprawling piece of legislation. It is a The resolution was agreed to. The underlying legislation includes tremendous challenge to achieve con- A motion to reconsider was laid on $13.8 billion for the Federal Aviation sensus on such a broad range of prior- the table. ities, and I believe this bill reflects Administration. Included in this f amount is $25 million to hire and train outstanding leadership, considering the 595 new air traffic controllers. This is a allotted resources for the job. PROVIDING FOR AN ADJOURN- vitally important aspect of this legisla- I was particularly pleased with the MENT OR RECESS OF THE TWO tion and is critical as air traffic con- final funding for Amtrak, especially HOUSES trollers begin to retire, and, neverthe- when you consider where we started. Mr. LINCOLN DIAZ-BALART of less, air traffic continues to increase. While the original House bill provided Florida. Mr. Speaker, I offer a privi- Certainly in my district, home to funds at a level that would have deci- leged concurrent resolution (H. Con. Miami International Airport, the third mated the Nation’s passenger rail sys- Res. 307) and ask for its immediate con- largest international airport in the tem, the conference report funding sideration. country, we are very well aware of how level will allow Amtrak to continue The Clerk read the concurrent reso- important the air traffic controllers running its current operations. In my lution, as follows: are. Without an increase in the number hometown of Sacramento, Amtrak is H. CON. RES. 307 of air traffic controllers, MIA would heavily relied upon, and I know my Resolved by the House of Representatives (the not be able to continue its projected constituents will be relieved that the Senate concurring), that when the House ad- growth to serve as really the hub of the conferees have provided this funding. journs on the legislative day of Friday, No- Americas. From the housing portion of the bill, vember 18, 2005, or Saturday, November 19, Housing and Urban Development is I would like to highlight the impor- 2005, on a motion offered pursuant to this funded at $34 billion. That is an in- tance of the Community Development concurrent resolution by its Majority Leader

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10915 or his designee, it stand adjourned until 2 The Chair recognizes the gentleman budget request, but not endorsed by p.m. on Tuesday, December 6, 2005, or until from New York. the conference. These are $496 million the time of any reassembly pursuant to sec- Mr. WALSH. Mr. Speaker, I yield my- for long-term care; $202 million for tion 2 of this concurrent resolution, which- self such time as I may consume. I do pharmacy copays; and $454 million for ever occurs first; and that when the Senate recesses or adjourns on any day from Friday, intend to be brief, but this is an impor- enrollment fees. November 18, 2005, through Wednesday, No- tant bill for our military and I would In addition, the agreement provides vember 23, 2005, on a motion offered pursuant like to expand a little bit on some of for workload increases and corrections to this concurrent resolution by its Majority the points within it. of errors as identified in the budget Leader or his designee, it stand recessed or But before I do that, I would like to amendment submitted on July 14, 2005. adjourned until noon on Monday, December describe the conference that we had A portion of these additional funds are 12, 2005, or Tuesday, December 13, 2005, or with the Senate as successful. I would only available upon submission of a re- until such other time on either of those like to thank my ranking member, Mr. days, as may be specified by its Majority vised budget amendment by the Presi- EDWARDS of Texas, who has been at my Leader or his designee in the motion to re- dent which declares the funding an cess or adjourn, or until the time of any re- shoulder all the way through this proc- emergency. This is necessary for us to assembly pursuant to section 2 of this con- ess. We worked very, very closely to- effectively provide these funds and still current resolution, whichever occurs first. gether. We have had the same prior- remain within our 302(a) allocation SEC. 2. The Speaker of the House and the ities and we have tried to work out any from the Budget Committee. Majority Leader of the Senate, or their re- disagreements that we had along the The conference agreement also in- spective designees, acting jointly after con- way. cludes a number of reporting require- sultation with the Minority Leader of the I would also like to thank Chairman House and the Minority Leader of the Sen- ments so that the committees will be LEWIS for his leadership and his fore- ate, shall notify the Members of the House fully informed about potential prob- and the Senate, respectively, to reassemble thought in realigning the jurisdiction lems that the Department may encoun- at such place and time as they may des- of this subcommittee. ter throughout the year of execution ignate if, in their opinion, the public interest The House bill included the accounts before it is too late. shall warrant it. for basic allowance for housing, facili- Other significant changes to the The concurrent resolution was agreed ties sustainment, restoration and mod- budget request include: to. ernization, environmental restoration A motion to reconsider was laid on and the Defense Health Program. This The creation of an Information Tech- the table. was designed as a first step toward ex- nology Systems account to allow us to keep track of information technology f amining military quality of life as a whole, from active duty through retire- programs at the Department of Vet- GENERAL LEAVE ment. erans Affairs. Mr. WALSH. Mr. Speaker, I ask We have received nothing but posi- $2.2 billion of medical services fund- unanimous consent that all Members tive feedback from the senior non-com- ing is fenced to be used only for spe- may have 5 legislative days in which to missioned officers all the way up to the cialty mental health care, a priority of revise and extend their remarks and in- four-star service chiefs. I would hope many members of the committee and clude tabular and extraneous material that our colleagues in the other body the House. We received testimony after on the conference report to accompany would take a look at what the House testimony encouraging us to make sure H.R. 2528. has done and follow suit, but for this that a minimum amount was provided The SPEAKER pro tempore (Mr. year, while the subcommittee retains for mental health care, and that is HASTINGS of Washington). Is there ob- jurisdiction over these four accounts, what we have done. jection to the request of the gentleman the conference report before the House $15 million for research into Gulf War from New York? today does not contain that funding. Illness. There was no objection. The funding will be included in the De- $19 million over the President’s re- f fense appropriations bill and will re- quest for medical and prosthetic re- turn to the Military Quality of Life search. CONFERENCE REPORT ON H.R. 2528, and Veterans Affairs bill next year. $85 million for grants for State Ex- MILITARY QUALITY OF LIFE The conference report provides $6.2 tended Care facilities. This is $85 mil- AND VETERANS AFFAIRS AP- billion for military construction, in- lion above the President’s request. PROPRIATIONS ACT, 2006 cluding quality of life facilities such as We have fully funded the cost-of-liv- Mr. WALSH. Mr. Speaker, pursuant child care centers, medical facilities ing allowance of 4.1 percent for vet- to House Resolution 564, I call up the and training facilities. It also provides erans compensation. conference report on the bill (H.R. 2528) $4 billion for family housing construc- We also provide an increase of $273 making appropriations for military tion and maintenance. This funding million for medical services for vet- quality of life functions of the Depart- will continue moving toward the goal erans returning from Iraq. ment of Defense, military construc- to eliminate inadequate family housing tion, the Department of Veterans Af- for our military, through both the pri- $200 million is included to cover fairs, and related agencies for the fiscal vatization program and traditional workload growth in priority 1–6 vet- year ending September 30, 2006, and for construction. In addition, the bill in- erans. other purposes. cludes $1.7 billion to maintain readi- $600 million is provided to correct er- The Clerk read the title of the bill. ness and transform the military rors in the calculation of funding need- The SPEAKER pro tempore. Pursu- through the base realignment and clo- ed for long-term care. ant to House Resolution 564, the con- sure process, the Army’s modularity Mr. Speaker, I will close by saying I ference report is considered read. initiative, and the global repositioning think we have a good bill to put before (For conference report and state- of our forces. the Congress. I am very grateful to our ment, see proceedings of the House of For the Department of Veterans Af- Appropriations Committee staff for November 17, 2005, Book II.) fairs, the agreement provides a total of their professional work and their pa- The SPEAKER pro tempore. The gen- $22.547 billion for medical services. tience as we worked through this proc- tleman from New York (Mr. WALSH) This amount includes the original ess and for the late hours that they and the gentleman from Wisconsin (Mr. budget request, plus $1.1 billion to re- spent preparing the bill. I believe it is OBEY) each will control 30 minutes. verse policy proposals included in the a bill everyone can support.

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VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE Insert offset folio 66B/5 here EH18NO05.005 November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10921 Mr. Speaker, I reserve the balance of In full committee, Mr. EDWARDS in billion in medical services. That is my time. July 2004 offered an amendment to try what the veterans organizations said Mr. OBEY. Mr. Speaker, I yield my- to do the right thing and bring the VA they needed. It is what we were trying self 10 minutes. medical services account up another to get on this side of the aisle. I simply Mr. Speaker, let me say, first of all, $1.3 billion. He was defeated on a party- say ‘‘Welcome Aboard’’ to our friends I want to congratulate the gentleman line vote. Of course, the bill had so on the majority side. from New York. He always does a fine many problems that the majority could I want to make clear, I believe every job. On this bill, he has not only done not even bring it to the House floor. It Member of this House, regardless of a good job on substance, he has dealt ended up getting wrapped up into the party, recognizes their commitment to with the ranking minority member, omnibus. the veterans. The problem is that all Mr. EDWARDS, with fairness and open- On September 29, 2004, I again offered too often in this place we wind up with ness and we appreciate it. a motion to recommit on the first CR, pressures of party or party program In contrast to the Labor-Health-Edu- trying to add $1.3 billion for veterans getting in the way of our better judg- cation bill which caused so much trou- health care, and that effort was re- ment and making choices that really ble yesterday, I am happy to support jected. do not measure up to the facts. this bill today, and I know Mr. ED- On June 23, 2005, we learned how I believe that was the case over the WARDS will be, too. But before we vote, wrong that original mark had been. past 3 years, because I believe that fe- I would simply like to recite some The administration admitted they were alty to the Republican budget resolu- facts about the history of veterans a billion dollars short and even admit- tion and to the Republican leadership’s health care, because I think it is im- ted that they had known about it for desire for tax cuts, especially tax cuts portant that no matter how divided we months. The next day, Mr. EDWARDS that were aimed at the very high-in- might be on any given military action, tried to offer an amendment to the come people, I believe that that fealty whether it be Vietnam in the past or Labor-Health bill on the House floor to prevented the House from doing what Iraq in the present, we should not be try to use that vehicle to make up the it really knew needed to be done on divided on the question of what we owe $1 billion shortfall in VA health care, both sides of the aisle, or at least had to each and every person who has worn but again we were blocked by the ma- a strong suspicion needed to be done, the uniform of the United States and jority. and when the numbers finally were re- defended the national interests of the vealed, it has become difficult for peo- b 0945 United States, often at great risk to ple to avoid reality, and so I think this their own lives and at great risk to the After that failed, I offered a motion bill reflects reality. future economic security of their own to recommit with instructions to in- I will say that with one caveat. I families. That is why this bill is so im- clude the $1 billion for veterans. Again, hope that we can count on the numbers portant. I was blocked. that are coming from OMB and the I want to recite what has happened On June 29, the gentleman from Veterans Administration on this bill. I on veterans health care in the hopes Texas (Mr. EDWARDS) was blocked hope we can count on them, because if that the divisions which we have had again from bringing up an amendment we cannot, then we will have to be over the level of funding for veterans to add to the veterans budget $1 bil- back here again asking for yet more health care in the past will not be re- lion. This time we tried to use the money. It is not enough for us to ap- peated in the future. Here is that his- transportation appropriation bill as plaud the troops when they are leaving to go to war, when the bands are play- tory. the vehicle. And now we come to the In March of 2003, House Republicans subject of this conference for 2006. ing, when everyone’s blood is up. What voted for a budget resolution that When the request came at the begin- we have to be willing to do is to re- called for cutting veterans health care ning of the year, the administration member our fundamental obligation to by $14 billion over 10 years. was only asking for $20 billion for med- those troops when they return. I do not believe that we are doing In July 2003, after agreeing to reduce ical services. On the other hand, vet- enough to meet our obligations to some of those budget cuts in the House, erans organizations’ independent budg- those troops, but this bill is certainly a the GOP reneged on its promise to in- ets said that $22.5 billion would be good-faith effort, and I congratulate crease funding for VA health care and needed. the gentleman from New York for the passed an appropriation bill providing In May 2005, the subcommittee in- role he has played in trying to get $1.8 billion less than what was called creased the medical care account to $21 here. billion, a half step in the right direc- for in their fiscal 2004 budget. Mr. ED- I most especially want to congratu- tion. In full committee, I offered an WARDS tried to offer an amendment to late the gentleman from Texas (Mr. amendment that would have added $1.5 that bill to add $2.2 billion for veterans EDWARDS), the subcommittee ranking health care, but he was blocked. billion to this medical care account, member. There is no one in this House In October 2003, I offered a motion to plus increased funding to some other who has had a more dedicated history recommit on the Iraqi supplemental areas. That would have brought us of fighting for the needs of veterans on that called for an additional $1.3 billion pretty much to where we are today, ex- the health care front and on so many for veterans health care. The majority cept that my amendment would have other fronts than has the gentleman rejected it. been paid for because I proposed reduc- from Texas (Mr. EDWARDS), and I am We continued to push for veterans in ing somewhat the tax cut that was pleased to stand in for him temporarily fiscal 2005. For 2005, the administration scheduled for the wealthiest of Ameri- this morning. requested $18.3 billion for veterans cans, those making over $400,000 a year. Mr. Speaker, I reserve the balance of medical services. In subcommittee, the This agreement before us uses an emer- my time. House recommended $19.5 billion. At gency designation so the costs will go Mr. WALSH. Mr. Speaker, I yield my- that time, veterans groups and many directly to the deficit. The majority self such time as I may consume. Members on this side of the aisle indi- defeated my amendment. I appreciate very much the kind com- cated we felt that those numbers fell Then, in July of this year, the admin- ments of the ranking member of the far short. The Republican chairman of istration finally admitted that the 2006 Appropriations Committee regarding the Veterans Committee agreed. Unfor- bill was short as well. They amended our work product today, and I note tunately for him, a year later, he was the VA budget request, asking for an that the gentleman from Texas (Mr. removed from his position as chairman additional $2 billion. EDWARDS), my colleague, has joined us, and he was removed from the com- Some of the carryover funds from the and I look forward to his comments mittee by the Republican leadership additional $1.5 billion that was pro- also. because he had the temerity to agree vided last summer is being used, and I think that the gentleman from Wis- with us and with veterans groups that the conference agreement before us in- consin made some points that I would more funding was needed in order to cludes, guess what, $22.5 billion for VA like to give my reflection on. meet our obligations to veterans on the medical services. I hope that number First of all, we agree. Both parties health care front. sounds familiar. I will repeat it, $22.5 and every individual Member of the

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There will be disagreements in into harm’s way in protection of all of with funds than the Veterans’ Affairs the future, but not over our commit- us. I am glad this committee rejected health care budget. ment to keeping our commitments to the administration proposal to double It is the fastest growing budget, I be- our veterans. prescription copays for veterans, vet- lieve, within the entire Federal budget, Mr. Speaker, I reserve the balance of erans who are struggling every month and that is as it should be because we my time. to make ends meet. have a growing number of veterans Mr. EDWARDS. Mr. Speaker, I ask I think a very important part of this from the Iraq War. We have a number unanimous consent to claim the time bill that was put together somewhat at of aging veterans whose health care be- controlled by the gentleman from Wis- my urging, but truly on a bipartisan comes more and more expensive, and consin (Mr. OBEY). basis, and that is, that no longer are we The SPEAKER pro tempore (Mr. we have struggled every year to meet going to be just completely dependent HASTINGS of Washington). Is there ob- those needs. upon the VA Secretary or OMB to tell jection to the request of the gentleman Now, the gentleman from Wisconsin us whether we are cutting veterans (Mr. OBEY) pointed out that within the from Texas? There was no objection. services during a time of war. This bill last year and a half or so there have Mr. EDWARDS. Mr. Speaker, I yield has some very stringent reporting re- been some disagreements about the myself such time as I might consume. quirements to be done on a quarterly dollar amount required to meet those Mr. Speaker, at long last we are sup- basis, where the VA must provide this needs, and he is right about that. What porting America’s veterans with our Congress with information about we found was that the model that was deeds and not just with our words, and whether we are reducing staff, cutting being used by the Veterans Adminis- in that process, I want to salute the services, underfunding health care for tration was wrong. It was inaccurate, gentleman from New York (Mr. veterans, especially during a time of and the resultant changes in the budg- WALSH), my colleague, friend and war. I think this Congress has a moral et, the funding level over that period chairman of the Veterans’ Affairs, responsibility to make its own inde- reflect that, but I would like to add Military Quality of Life Subcommittee pendent judgment about whether we that each and every year that I have in that effort. are adequately supporting our veterans chaired this appropriations bill for vet- This is a good bill that takes positive and not have to be completely depend- erans, we have had similar disagree- steps to redress the wrongs done to vet- ent upon what the Director of OMB or ments about how much money is actu- erans over the last several years when, the Secretary of the VA have said. ally needed to meet the needs of the in fact, we were cutting veterans serv- Having said all of that about the very Veterans Health Administration. ices during a time of war, something positive things in this bill for veterans, I can cite year after year when the that many of us on the floor of this I must just for a brief moment add to gentleman from California (Mr. FIL- House time and again said was im- what the gentleman from Wisconsin NER) and others came to the floor and moral. (Mr. OBEY) said about this process. said there is just not enough money for This bill increases VA medical serv- I hope this step forward for Amer- the veterans budget, for veterans ices by $2.5 billion over the President’s ica’s veterans in a tangible way ends health care, and I remember saying original request. I salute this com- what I think has been a sad chapter over and over and over we are pro- mittee and the House and its leader- over the last 2 years. How ironic it is viding record increases for the Vet- ship for doing that. I also would point that the funding for veterans health erans Health Administration. out that that itself suggests that the care in this bill is equivalent to the I think out of this 6, I believe now 7, administration has woefully under- funding called for over 2 years ago by years that I have chaired this sub- funded veterans health care needs dur- Republican Congressman CHRIS SMITH committee, we have had that debate ing a time of war. Never again should of New Jersey who chaired the Vet- every time, and other than this year, I our country send young Americans erans’ Affairs Committee. How did the think it is pretty clearly documented into war and then scrimp on supporting House Republican leadership, not this that we have been right, that the dol- those who have sacrificed the most to committee, how did the House Repub- lar amounts that we have provided their service during that war. lican leadership respond to the gen- have been sufficient, in some cases This bill specifically sets aside $2.2 tleman from New Jersey’s call to ade- more than sufficient, to meet the needs billion for VA mental health care med- quately support veterans health care? of our veterans health care. ical services, and on that particular Did they thank him? Did they salute So while we did have a glitch in the point, the gentleman from New York him? Did they award him? No. They model, we have actually put language (Mr. WALSH) deserves special recogni- fired him. They took away his chair- in the bill and provided resources to tion for taking the initiative to see manship of the Veterans’ Affairs Com- try to remedy that situation so that that the VA does put more resources mittee and even took him off the com- does not happen again. That was an ab- into helping those young Americans, mittee itself. That was a sad moment erration. We have been very solid in men and women alike, who have paid a in the history of this House in our serv- our estimates and very supportive of it serious mental health care price for ice to veterans, and I hope never again through our budgeting of the Veterans their love of country and service to will a chairman of the Veterans’ Af- Health Administration, and that al- country. The fact is that we have and fairs Committee be fired for standing ways is the key aspect of this budget the VA has been underfunding mental up for veterans and putting his com- because of our concern about keeping health care services to our veterans. mitment to veterans above his com- the commitments that this Nation has Third, this bill restores funding of $85 mitment to partisan loyalty. made to our veterans. million for State nursing home con- So, I do not think the gentleman struction. We have an aging of the vet- b 1000 from Wisconsin (Mr. OBEY) was saying erans population. I guess I had a great I salute this bill and the chairman of that we do not care enough about our difference with the administration in this subcommittee for the step forward veterans to provide those resources. I its original proposal to cut by as much in military construction. It provides do not think he was saying that the as two-thirds the number of veterans about $2 billion more than we spent on White House does not care enough. I that we provide for in long-term nurs- military construction last year. These think he is saying, quite to the con- ing home care. This bill corrects that are training ranges. These are houses trary, bipartisanly, bicamerally, and mistake of the administration. and barracks and much-needed quality- compared by the differences between I salute the bipartisan effort in this of-life improvements for our service the executive branch and legislative bill to reject the administration’s pro- men and women.

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It reflects a great for yielding me this time. military construction commitments deal of the variety of mix that we need- When we left here last night, we had and improving the quality of life for ed to be able to focus upon in a very spent the evening in bitter rancor over Americans who are sacrificing so very special way in the arena that involves serious political issues, however we ar- much every day for our Nation. not just veterans, certainly our vet- rived this morning, and the first thing Finally, Mr. Speaker, I would just ex- erans, but beyond that, the families of we do is take up a bill where we all press two concerns, not about this the men and women who serve us and agree on something. And I think that committee’s work, but about the fu- ofttimes put their lives on the line, is the beauty of the United States Con- ture for veterans and our military. One questions like their housing, other gress. We can disagree and we can have is the VA is still grossly under- kinds of benefits that are very impor- partisan fights, but there is one thing estimating the net number of new vet- tant to their being able to have decent we have in common, and that is that erans coming into the VA health care lives while they serve us. Focusing on we all support the people who volun- system. The latest numbers I saw said all those issues within one sub- teer to serve in our United States mili- they projected 84,000 net new veterans committee, I think, is going to produce tary and support the veterans who have this year in the VA medical system. real results down the line. The bipar- served in that military, and the bene- That is in total contrast to a net in- tisan spirit that is a part of this com- fits that they should receive after- wards. It is sort of promises made and crease of about 250,000 each year for the mittee, and we can see it reflected in last 2, 3, or 4 years. I think it is going promises kept. the House today, is very much a part of I think, also, that the reason why we to be important for our subcommittee that. do not have any rancor on this legisla- and for the full Appropriations Com- I would like to mention just one tion is, we have two of the finest Mem- mittee in this House to monitor every thing to my colleagues, an item that bers of Congress, Mr. EDWARDS and Mr. month in the months ahead whether has been of concern to me for most of WALSH, Mr. EDWARDS as ranking mem- the increase in the number of veterans my career here. In the past, Mr. Speak- ber and Mr. WALSH as Chair, of a com- into the VA medical care system er, I had the privilege of chairing the mittee where the divergent members makes even this substantially im- subcommittee that did the funding for come together. We still have strong po- proved medical budget inadequate. I our veterans. One of my concerns dur- litical differences on either side. We look forward to carrying out that re- ing those years was that ofttimes with- have different backgrounds, life experi- sponsibility on a bipartisan basis. in the community that is Washington, ences that we bring to the committee. Finally, in terms of military con- DC, we expressed great support for our In fact, I think it is kind of ironic that struction, I am not sure we yet have veterans, raised funds to try to im- Mr. WALSH and I, who are former Peace from the administration or the Depart- prove the funding flows, and then did Corps volunteers, are now very active ment of Defense a full cost accounting not do very much about following the in the committee that deals with the for the cost of construction, military money when it went down to the com- quality of life for the military, but I construction, as a result of the base munities where veterans are served. think that the things we have learned closing and realignment process and Particularly, I have been concerned in the Peace Corps about service to the redeployment of our troops from over the years with the kind of treat- human beings are very important to Germany and South Korea. My own ment that ofttimes took place at the the subject matter in this committee. prediction is that the administration hospitals, and I have been urging the I also would like to thank the chair- has grossly underestimated the actual veterans service organizations to do man of the committee, Mr. LEWIS, and cost of military construction. So while more than be proud of the money that the ranking member, Mr. OBEY, be- this bill does have a very significant is appropriated here, but rather make cause they have given us sort of that increase in MILCON projects, and, sure that money is used in a quality parental consent to go ahead and do again, I enthusiastically support that way in terms of the service at the the best we can do with the money al- increase, I think it is going to be im- other end of the line. located. portant for this House to monitor what We are beginning to do some things There are a lot of good things in this the true cost of military construction like involving clinics in rural areas bill mainly because we have added will be so that over the next 12 to 24 where there are open spaces and the money to it, and Congress has been months, we are not cutting corners for hospitals are not close by. All of that, more supportive than the administra- better housing for our service men and I think, portends well for the future tion to our veterans, and I think that women and their families even as they here. that ought to be made very clear. We sacrifice for all of us during time of But I would raise just one cautionary are providing a second increment of war. note: It is very important that we con- $1.5 billion in addition to what Con- This is a good bill, Mr. Speaker. I sa- tinue to put pressure on those organi- gress has already passed, $1.2 billion in lute the chairman of the committee, emergency money. But now there is zations whose design and purpose is to Mr. WALSH; the leadership of the full still some talk that there is going to be support our veterans, to help us follow Committee on Appropriations, Mr. an across-the-board cut. We cannot the money down to the local commu- LEWIS and Mr. OBEY, for asking the provide the services that Mr. LEWIS nities, make sure that it is being spent question of what is right for America’s just talked about one day and then well. It is great to have increased dol- veterans. I think this bill is a great come back here later and provide a cut lar flows, but throwing money at prob- step in the right direction, and I urge to those services. That is total hypoc- lems is not always the solution. We all my colleagues on a bipartisan basis to risy, and we do not want to see that know that. So in this instance, I would support this legislation. across-the-board cut affect our vet- say to my ranking member, Mr. OBEY, Mr. Speaker, I reserve the balance of erans and our active duty members of my time. as well as to the chairman and ranking our services. Mr. WALSH. Mr. Speaker, I yield member of the subcommittee, together This committee has a lot of issues such time as he may consume to the we ought to form a partnership to that we have to deal with. Are we pro- gentleman from California (Mr. LEWIS), make certain every one of those dollars viding enough care for our returning chairman of the full Appropriations is spent well on behalf of our veterans service members? I have been out to Committee, a gentleman who had the at the local community. Bethesda and to Walter Reed Hospital, great vision to assemble new jurisdic- With that, congratulations on your talking to the people who have been in- tion for this committee and create this work. It is a very fine product. jured. We have seen a difference be- subcommittee and a personal mentor of Mr. WALSH. Mr. Speaker, I reserve tween the rehabilitation care that is mine. the balance of my time. given to spinal cord injury soldiers Mr. LEWIS of California. Mr. Speak- Mr. EDWARDS. Mr. Speaker, I yield than that of the ones that are ampu- er, to the chairman and to my col- 5 minutes to the gentleman from Cali- tees, and we ought to try to bring co- league, Mr. EDWARDS, from beautiful fornia (Mr. FARR). ordination to one place, that they both

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10924 CONGRESSIONAL RECORD — HOUSE November 18, 2005 get the same kind of rehabilitative responsibility for congressional over- b 1015 care. sight over VA health care programs, I hope we will always remember that Are we doing enough to reduce the and I would add to that, over military is what this bill is all about, standing waiting period for veterans for health construction programs. I know that is up for those who have stood up for our care? Is there enough money to meet something the chairman of the sub- Nation and the American family. the staggering mental health care, committee has worked on and actually Mr. Speaker, I yield back the balance something that we have never really started the process on, and I look for- of my time. put enough focus on? Posttraumatic ward to continuing that effort. It is im- Mr. WALSH. Mr. Speaker, I yield 2 syndrome, how long does it take some- portant that we not only adequately minutes to the gentleman from Colo- times? Veterans and active Reservists fund veterans health care and other rado (Mr. HEFLEY), chairman of the and National Guardsmen who have veterans programs, the quality-of-life Subcommittee on Military Construc- served in Iraq and Afghanistan may programs for military servicemen and tion for the Armed Services Com- not develop their mental problems women and their families, we need to mittee. from serving for many years after they be sure those dollars are being spent in Mr. HEFLEY. Mr. Speaker, I apolo- leave the service. Is there going to be the way that Congress intended them gize for interrupting the progress here. adequate mental health care for them? to be spent. I know all of us want to move forward How about the price tag for pros- I want to thank several groups. First, and conclude as early as possible thetics? Our centers for our wounded I want to thank our veterans service today. military are quality centers of excel- organizations, made up of millions of I just wanted to take a moment to lence in trying to develop the latest men and women who have served our say thank you to Mr. WALSH for work- technology in prosthetics. Yet we do country proudly in uniform during ing with the authorizing committee so not spend enough time looking at it time of war and peace. And yet like so well. For years we have established, I and making sure that those things are many veterans, when they take that think, an example for this House in funded well, because the private sector uniform off, their love of country does how the authorizers and appropriators just cannot meet that responsibility. not wane, and their continuing com- should work together, and the gen- This is a responsibility of the United mitment to service is an inspiration to tleman has followed in that tradition. States Congress. And are we hiring all of us. If Members remember, when we first enough people to make sure that we began to look at this early in the year, can serve those who need that service, Without the strong leadership over we had those early meetings together, whether it be in a health care clinic or the last 2 years of the veterans service and we thought the outcome, because whether it be at the military hospitals? organizations who have never let up in of the reorganization, might be very, These are questions that we have got saying it would be wrong, and it is very different than what we have to address. wrong, to cut veterans health care today. The outcome, I think, is a good We also have got to address the fact services during a time of war, I am not outcome. I think we are taking care of that we have closed military bases, and sure we would be at this funding level infrastructure needs that need to be in those bases we have a lot of today. So I salute them. taken care of in an area where so often unexploded ordnance. Those are ord- I also want to salute the incredibly these kinds of things become billpayers nances that could only be cleaned up able staff of this subcommittee. On the for other things. by people that have Federal special Democratic side: Tom Forhan and Bob Particularly when we are in the training, a very limited specialty field, Bonner. On the Republican side, hard- midst of a war and there are all kinds and yet it is one of the lowest prior- working, dedicated employees as well: of demands, it is awfully easy to say ities of the military. Obviously, their Carol Murphy, the staff director of this with military construction and these duty is to train people to defend our committee; Tim Peterson; Sarah feel-good things for our soldiers that country, not necessarily to do environ- Young; Walter Hearne; and Mary Ar- we just put those off another year. We mental cleanup, but we cannot turn nold. What a privilege it is for the can put them off another year, and that real estate over for subsequent use chairman and me to be able to work then we will do it, and next year maybe to the community unless there are with a staff that at every step of the we do it and maybe we do not. enough funds to clean it up, and we way is simply asking one question: In this case all of the way around you have been sorely lacking in enough What is the right thing to do for our have done an excellent job. We have funds. Fortunately, the chairman and servicemen and women and their fami- provided for the soldier. We have pro- ranking member of this committee lies and what is the right thing to do vided for the infrastructure needs, and have really worked with me in trying for our veterans? I am very, very pleased with the kind to get additional funds for cleanup, al- of relationship we have had in working Like so many of our veterans that though we are way short of the billions with this. Your staff has been just ter- are not honored with memorials in this of dollars that are needed. rific. With that, I will just say thank Nation’s Capitol, this subcommittee So today is the day where we bring you and let you get back to your nor- staff is working every day behind the together the differences that we had mal schedule here. scenes to make a positive difference for last night and show that Congress can, Mr. WALSH. Mr. Speaker, I yield my- very, very deserving people, and I want indeed, unanimously support the needs self the balance of my time. to thank them for all they do, day in of the men and women in uniform and In closing, I would like to associate and day out, without any expectation all voluntary service. myself with the remarks of my col- of public acclaim. I am very proud to have served on league Mr. EDWARDS, especially regard- this committee. I am proud of its lead- My final note is left to honor a vet- ing our staff who have done a really ership, and I would urge that all my eran. As we approach Thanksgiving great job and worked through all of the colleagues support the men and women and in a few minutes pass this bill, I issues with us. They do so much of the in uniform, support the quality of life cannot help but think, Mr. Speaker, detail work and just leave a few things that we provide for our services, and about a young veteran, 20 years old, for us to resolve. We are very grateful help the veterans of the United States that I met at Walter Reed Army Hos- for that. by approving this appropriations bill. pital on Thanksgiving morning 2 years To the veteran service organizations, Thank you. ago. He had come back from Iraq with I have often said pressure is a good Mr. EDWARDS. Mr. Speaker, I yield an amputated leg, sitting in his room thing. We need that. It creates a dy- myself 3 minutes. alone with the exception of being there namic tension within this legislative Mr. Speaker, I will conclude with with his mother. When I walked in and process, and it is always constructive. several comments. First, I could not saw his condition, the first thing he We may not agree on every single de- agree more with Mr. LEWIS, the chair- said to me was, ‘‘Sir, I don’t want any- tail, but for the most part we are on man of the full Appropriations Com- one to feel sorry for me. I’m proud to the same page. mittee, that it would be a positive step have served my country, and I would be And lastly to our Nation’s soldiers, for all of us to work in carrying out our proud to serve it again.’’ Active Duty sailors, airmen and to our

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10925 marines, thank you for your service, titles in which concurrence of the I bring to the House the first-ever God bless you, and come home safe and House is requested: conference report for Transportation, sound. S. 467. An act to extend the applicability of Treasury, Housing and Urban Develop- Mr. Speaker, I yield back the balance the Terrorism Risk Insurance Act of 2002. ment, the Judiciary, the independent S. 1418. An act to enhance the adoption of of my time. agencies, plus the District of Columbia. The SPEAKER pro tempore (Mr. a nationwide interoperable health informa- tion technology system and to improve the This is a complex bill, but an impor- HASTINGS of Washington). Without ob- quality and reduce the costs of health care in jection, the previous question is or- tant bill, making appropriations for the United States. dered on the conference report. our Nation’s important infrastructure: There was no objection. f roads, airports and rail, for our Na- The SPEAKER pro tempore. The CONFERENCE REPORT ON H.R. 3058, tion’s capital, for our Nation’s housing question is on the conference report. TRANSPORTATION, TREASURY, needs, and for our Nation’s judiciary. Pursuant to clause 10 of rule XX, the HOUSING AND URBAN DEVELOP- We have met the needs for fiscal year yeas and nays are ordered. MENT, THE JUDICIARY, THE DIS- 2006, all the while staying within our Pursuant to clause 8 of rule XX, fur- TRICT OF COLUMBIA, AND INDE- 302(b) allocation of $65.9 billion, and ther proceedings on this question will PENDENT AGENCIES APPROPRIA- total spending of $133.4 billion. be postponed. TIONS ACT, 2006 I would like to thank my friend and f Mr. KNOLLENBERG. Mr. Speaker, ranking member, the gentleman from pursuant to House Resolution 565, I call GENERAL LEAVE Massachusetts (Mr. OLVER), for all of up the conference report on the bill the hard work and the keen interest in Mr. KNOLLENBERG. Mr. Speaker, I (H.R. 3058) making appropriations for ask unanimous consent that all Mem- the Departments of Transportation, the programs in this bill. He has prov- bers may have 5 legislative days in Treasury, and Housing and Urban De- en to be a valuable partner, and I want which to revise and extend their re- velopment, the Judiciary, District of to commend him. He has made signifi- marks and include tabular and extra- Columbia, and independent agencies cant contributions to this bill, and I neous material on the conference re- for the fiscal year ending September 30, thank him for his support. port to accompany H.R. 3058. 2006, and for other purposes. I would also like to thank the mem- The SPEAKER pro tempore. Is there The Clerk read the title of the bill. bers of the subcommittee for their hard objection to the request of the gen- The SPEAKER pro tempore. Pursu- tleman from Michigan? ant to House Resolution 565, the con- work during the hearing process and in There was no objection. ference report is considered read. creating the bill. I certainly want to f (For conference report and state- mention and point out that this staff, ment, see prior proceedings of the the entire staff, has really done some MESSAGE FROM THE SENATE House of November 17, 2005.) extraordinary things over the last sev- A message from the Senate by Ms. The SPEAKER pro tempore. The gen- eral days, and they have had some Curtis, one of its clerks, announced tleman from Michigan (Mr. KNOLLEN- sleepless nights, and so they are pre- that the Senate has passed without BERG) and the gentleman from Massa- pared to leave here tonight and catch amendment a joint resolution of the chusetts (Mr. OLVER) each will control up on some needed sleep. House of the following title: 30 minutes. H.J. Res. 72. Joint Resolution making fur- The Chair recognizes the gentleman This is a good bill, a clean bill, and ther continuing appropriations for the fiscal from Michigan (Mr. KNOLLENBERG). one that I urge a ‘‘yes’’ vote to pass the year 2006, and for other purposes. Mr. KNOLLENBERG. Mr. Speaker, I Transportation, Treasury, Housing and The message also announced that the yield myself such time as I may con- Urban Development, the Judiciary, and Senate has passed bills of the following sume. the District of Columbia bill.

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VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE Insert offset folio 98B/12 here EH18NO05.017 H10938 CONGRESSIONAL RECORD — HOUSE November 18, 2005 Mr. Speaker, I reserve the balance of appropriation in the combined bill, but Cuba language, we fought a war in my time. the value of the initiatives funded Vietnam against the Communist North Mr. OLVER. Mr. Speaker, I yield my- through this bill cannot be under- Vietnamese, the Viet Cong, in which self such time as I may consume. stated. more than 50,000 American young men Mr. Speaker, I am surprised, I think I am pleased that we were able to and women died. Yet we have normal- we must be on the train headed for provide valuable funding for important ized relations with Vietnam by fol- Turkey or something like that, because initiatives that include the Anacostia lowing an engagement communication I expected to have my chairman to River Trail, the Water and Sewer Au- trade and travel policy. have a good many more comments to thority and for elementary and sec- Similarly, we fought a war against say than he has done. ondary and postsecondary education. I China, which is virtually to the day Mr. Speaker, at the outset I would particularly regret the continuing now 55 years ago, started 55 years ago like to thank the staff on both sides for rider forbidding the use of local funds on the Korean peninsula, and we have their exceedingly diligent work in put- for needle exchange programs. I think again followed the engagement com- ting this conference report together. I they are an important tool in a city munication trade and travel policy want to recognize our committee clerk such as our Capital which has a high with Communist China. And China, it Dena Baron and her excellent majority HIV incidence. But I do commend the goes so far as to now have China with staff, including Cheryle Tucker, Dave chairman for ensuring no new social the largest trade surplus with respect Gibbons, Steve Crane, Dave Napoliello, riders were placed on the District of to us. Obviously our largest trade def- Christian Jones and Tammy Hughes. Columbia. icit is with Communist China, and And for the minority, I thank the Mr. Speaker, if one looks at this leg- China holds the second largest amount committee staff Mike Malone and islation because of the allocations of our national debt that is held by a Michelle Burkett, and Shalanda Young; being low, I think if you have a pri- foreign nation. and from my own staff, Matt Wash- mary interest in the judiciary, you are Again, this year, the House and the ington and Nora Kaitfors. going to find good and bad provisions Senate passed, by roll call votes in All worked under particularly dif- within the title relating to the judici- each branch, identical language to ficult circumstances to complete this ary. If your primary interest is in bring us to a rational engagement com- bill and deserve our gratitude for a job housing, you may find good and bad munication trade and travel policy in well done. there. If it is in transportation, you Cuba, which has been so successful in I also want to thank Chairman may find good and bad there. But I be- the case of Vietnam and China. You KNOLLENBERG for his hard work and lieve that no one can legitimately find will not find any such language in this dedication, and for the constructive re- the effect of the low and, in my view, conference report. I regret that deeply lationship that we have forged thus far inadequate allocation is disproportion- because what I think that means is as the chairman and the ranking mem- ately borne by any one title or subtitle that America will continue its ber of this complicated jurisdiction. I within the bill. hyperventilated tantrum against Cuba In housing, for instance, the sections particularly congratulate Chairman for another year, and that is unfortu- that were so hotly contested on the KNOLLENBERG for the collaborative way nate that we are putting off the nor- floor when the House bill was under in which the majority and the minority malization of our relations with Cuba. consideration here back in July, that staffs worked to bring this bill forward, But at the same time, while I regret section, most of those hotly contested and congratulate the chairman because that, I see elsewhere other provisions items have been included simply by he has not simply allowed, but encour- that are in the so-called general provi- balancing halfway, reaching halfway aged that collaboration, and the col- sions, which are very good. The con- between the two branches. One in par- laboration has gotten stronger and ference report includes corporate expa- ticular, if I remember in particular, more effective throughout the work- triates language that was in the Senate the shop program, it was in the House ings of the subcommittee in the hear- bill which prohibits Federal agencies bill and not in the Senate, and the ings, then the Appropriations Com- which are part of this act from con- House number is the one that is used in mittee process, then floor consider- tracting with corporations that located ation, then the conference, and today the final report. So these provisions are fairly dealt with. outside the United States to avoid pay- the conference report. So I am particu- In the transportation section, prob- ing corporate taxes. This language has larly grateful to him for that collabo- ably the most hotly contested issue been fought over year after year in this ration. was the issue of Amtrak. And in this House of Representatives, and I am This is a very complex bill. There are conference report, we have provided glad that we have gone along with the nine titles to this bill really covering the largest total number of dollars for Senate’s language and included it in two different divisions, because the ju- Amtrak that has ever been provided by this conference report. risdiction is a little bit different in the going halfway between the House and This report provides a level playing other body than it is in this House. The the Senate numbers. field for our dedicated Federal employ- portion of our jurisdiction which is the ees by including language that deals District of Columbia makes up a sepa- b 1030 with the Federal employee contracting rate subcommittee on the other side. But at the same time, we have used out protections often referred to as ‘‘A– The allocation for this overall sub- what I think are very valuable fire 76.’’ This is the third straight year that committee was below both the House walls between capital spending and conferees negotiated a compromise and the Senate, by more than a billion debt financing and operating subsidy, provision; however, this year the provi- dollars below the House number and and provided also language that should sion remains, and once again the intent more than a half a billion dollars below lead to important and significant re- of this House is carried out. And I the Senate’s number. All or part of a forms in the operation of Amtrak. So, thank Chairman KNOLLENBERG for billion dollars would have made a great I think that too is very fair. In fact, that. difference where holes remain in this my comments about there being, for On balance, I believe that this is a bill. But that was the allocation that those who might be interested in only very good bill. Under Chairman we were given, and so we had to deal one title, or primarily in one title, KNOLLENBERG’s guidance the staff has with it. could also apply to the good and bad in produced a fair and proportionate bill, With that I want to just point out the titles which are the part of the 60 and I hope that the conference report first that in the matter of the District or 70 or so outside sections, those sec- will be adopted overwhelmingly. of Columbia, which is a separate divi- tions are included in the two titles Mr. Speaker, I reserve the balance of sion within this bill, as I mentioned, it that are general provisions for the my time. is an important and sometimes over- agencies in this bill alone, and then Mr. KNOLLENBERG. Mr. Speaker, I looked portion of the bill, perhaps part- general provisions that apply to all of yield 31⁄2 minutes to the gentleman ly so because of the different jurisdic- government. from Wisconsin (Mr. PETRI), the rank- tions in the House and the Senate. It I want to mention just a couple of ing member on the Transportation and makes up only a small portion of the those because in one case, the case of Infrastructure Committee.

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Could we not, for a change, stand up year, to make it a little stronger. Let me first say thank you to Chair- for the consumer against industry and Black mold is in there with the air man KNOLLENBERG and also to the correct the injustice? It is a sad day traffic controllers; we need to alleviate Speaker. And I want to thank the staff, when we make it more difficult, and that so that they can be healthy and do as well, for the consideration that they not less, for our citizens to get the re- their jobs as well, and I hope the FAA have given to the authorizing commit- course that they deserve. will take another look at that. It is tees and for providing such strong sup- This was not a move on the part of most important; a new facility, air port for as long as was possible. I ap- this body. Again, thanks to Chairman traffic controllers are working in black preciate your efforts. KNOLLENBERG, the leadership, the Sen- mold, and we all know how toxic black But it is simply wrong that this con- ate Commerce Committee and others mold can be. ference report contains provisions that who fought this hijacking. It is unfor- Overall, I love the bill. It is a good were specifically rejected by the Sen- tunate for consumers across the Nation bill. I urge my colleagues to support it, ate when it was considering its trans- that we were not able to beat back this with two exceptions. With HUD, I want portation bill earlier this year and that assault. us to work more on that and I look for- were rejected during the conference on Mr. OLVER. Mr. Speaker, I yield 3 ward to working with both the chair- the transportation bill this past sum- minutes to the gentlewoman from man and ranking member on better mer. Michigan (Ms. KILPATRICK), a member HUD funding and a better snapshot of For years I have worked to provide of the subcommittee. the expenses so that all the housing au- relief to the many citizens from all Ms. KILPATRICK of Michigan. Mr. thorities can get their equal share of across this country who call my office Speaker, I thank my ranking member that. and other offices around here seeking for yielding. Thank you very much. Again, I thank the chairman and the help because they have been victimized I say to the gentleman from Michi- ranking member and your staffs for and find they have nowhere to turn. gan (Mr. KNOLLENBERG), I am so very bringing forth a wonderful transpor- The most egregious of these situations proud of his leadership, as he has taken tation bill. is where a moving company holds all of this bill, a very difficult bill with many Mr. Speaker, I rise in support of the bill, and their earthly possessions until they agencies and multimillions of dollars, I want to commend Chairman KNOLLENBERG, pay thousands of dollars in excess of and am very proud of the gentleman as Ranking Member OLVER and the staff of the the original estimate, basically extor- a Congressman, and certainly for our Transportation, Treasury, Housing and Urban tion. These people find themselves in a State, for his leadership. Development, the District of Columbia and strange city with no goods and no re- I thank Ranking Member OLVER for, Independent Agencies Subcommittee for their course. as well, working to see that we got hard work in getting this bill to the House floor. The Department of Transportation is through this and did our best to fund This bill provides a total of $137 billion in simply not suited to police the 1.5 mil- the roads, the bridges, the transit total budgetary resources and $65.9 billion in lion interstate moves that occur each agencies and all that goes with that. I discretionary spending for the Departments of year. Until recently, a total of three appreciate how the gentlemen work to- Transportation, Treasury, Housing and Urban people were assigned to handle com- gether and how you allow all of us, the Development, the District of Columbia, and plaints, and they could do little about subcommittee members, to participate. Independent Agencies. This is $5.2 billion them. States which want to get in- I think we were unique in that, and I above the request and $2.7 billion more than volved and oversee intrastate moves want to thank the gentlemen. the previous year. with little controversy have been told I want to give special thanks to the SURFACE TRANSPORTATION by the courts that they have no juris- staffs on both sides of the aisle. We Under the bill, highways and transit receive diction since this is interstate com- know how important staff is, and I tell healthy increases under the conference report. merce. So SAFETEA–LU created a you, from Mike Malone, and I am going The bill follows the guidelines under partnership with the States by allow- to mess up if I start naming names, but SAFETEA–LU for surface transportation ing them to enforce Federal consumer I want to name a couple of them. Just projects. It provides a $36.0 billion highway protection rules, a model that works thank you very much for all the work obligation limitation, which is a $1.6 billion in- well in other areas. that you do. Our staffs, we could not do crease over FY05 and a $1.3 billion increase It is disheartening that only a few half the work we do as efficiently if it over the President’s request. months after these new authorities were not for the staffs on both sides of Like SAFETEA–LU, the bill provides signifi- were put in place, before they could the aisle, so I thank you for that as cant increases in the transit accounts, and really even take effect, some in the well. funds New Starts programs $1.5 billion. Senate have seen fit to reopen these I am a little concerned that in the The increases in transportation will help cit- provisions and basically neuter the HUD budget we did not assess and con- ies like Detroit to invest in and maintain their consumer protection provisions in- tinue to work to change what was transportation infrastructure and enhance the cluded in SAFETEA–LU. Most changed a few years ago, for the snap- mobility of the traveling public to move to their shockingly, State authorities will only shot for receiving section 8 vouchers jobs and make our communities more livable. be able to initiate actions against cer- from the 3-month look to a 12-month SC AMTRAK tain carriers, and all others are pro- look. At a time when housing needs are Amtrak is funded at $1.313 billion, which will tected no matter what their actions most pressing, I do believe that still we enable the national passenger rail system to may be. We are putting up roadblocks need to be able to take a 12-month maintain current operational requirements. The when we should be tearing them down. snapshot of the housing authorities bill contains a number of mandates on the Mr. Speaker, inclusion of these provi- and then determine what their funding system: find savings in food and beverage sions is wrong on so many levels. It is ought to be. service, first class service, and commuter rail an affront to all authorizing commit- In my own State of Michigan, and my fees. Amtrak also would be barred from mar- tees that language just negotiated district particularly, we are losing 1,500 keting ticket discounts of more than 50 per- after years of discussion can be cast slots because we use a 3-month snap- cent in peak hours: includes a new discre- aside and changed in an appropriation shot of expenses rather than a full 12 tionary account, the Efficiency Incentive Fund, bill. It is wrong that those who did not months. So, as a result, some housing which the Secretary of Transportation can get what they wanted and were re- authorities will get more money. Oth- parse out as grants to fund priority capital im- jected both in the Senate and in con- ers, like mine, will get less and we will provements that are directly tied to short-term ference can then get another bite at find many, many people out in the cold operating savings.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10940 CONGRESSIONAL RECORD — HOUSE November 18, 2005 The bill funds the Federal Aviation Adminis- doubt that a real solution comes when The other problem, though, is that in tration at $13.8 billion—$276 million above the we do think about these alternatives, some cases we simply have too little fiscal year 2005 level and $1.105 billion above talking to one another as human money for the programs. Community the President’s request. This includes $3.55 beings and people who represent citi- Development Block Grants is cut I am billion for the Airport Improvement Program. zens across the country as well. told about 9 percent, $362 million. That The bill includes $25 million to hire and train The bill is a very fine bill, a great is a very important program. It is not 595 new air traffic controllers, and an addi- job. I want to congratulate the staff, the fault of the subcommittee. They tional $12 million above the request to hire especially, as we have gone through have been given an allocation. Well, I and train safety inspectors in the office of air- this transition. They have done won- take it back. It is not the fault of those craft certification and flight standards. derful work. I congratulate the entire members of the subcommittee that did The House report contained language that subcommittee. not vote for the budget. Members of requires the FAA to provide the Committee Mr. OLVER. Mr. Speaker, I yield 3 the subcommittee that voted for the with a report on its effort to remediate a Black minutes to the gentleman from Massa- budget I think are hard-pressed to com- Mold problem in the control tower at the De- chusetts (Mr. FRANK), the ranking plain about what it did to their alloca- troit Metropolitan and Wayne County Airport. member of the Financial Services Com- tion. That is a self-inflicted wound. My colleagues in Southeast Michigan have re- mittee. But we ought to be clear that as a re- Mr. FRANK of Massachusetts. Mr. ceived complaints from the people who work sult of the spending constraints, I take Speaker, I appreciate the good work in the tower that this problem is causing work- it back, not spending constraints, the that was done by members of the sub- ers to become ill and unfit for work. I am look- misallocated priorities, because there committee, and I am going to vote for ing forward to receiving FAA’s response. is certainly plenty of money being the bill in recognition of the very good HOUSING AND URBAN DEVELOPMENT spent elsewhere in this budget that efforts. I believe the chairman, oper- The Department of Housing and Urban De- need not have been spent; but because ating within the constraints that he velopment (HUD) is funded at $34.0 billion; of these terrible priorities, Community had to operate within, did a reasonable $2.1 billion above last year’s level and $4.9 job. I very much agree with the gentle- Development Block Grants gets about billion above the President’s request. woman from Michigan who lamented a 9 percent cut, and there is not much I am disappointed that the conference failed some of the decisions that were made money for brownfields. to address the problem of the unfair distribu- with regard to HUD, and I appreciate Hope VI is a very important program. tion of renewal funding for the Section 8 Hous- the work that has been done by my col- Three years ago it was at $574 million. ing Choice Voucher Program. league from Massachusetts in a number Today it is at $100 million because we The trend of the past few years has been to of areas. have an administration ideologically base budget allocations on a 3–month ‘‘snap- Just briefly, I want to comment on opposed to it, despite an overwhelming shot.’’ This arbitrary snap-shot creates a dis- one subject, and that is the question of bipartisan consensus that it is a good parity where some housing agencies wind up earmarks in transportation. The Gov- way to deal with housing. with more money than they need and others ernor of my State put out a transpor- Home funds, one of the few sources have to turn families out into the cold because tation plan for the entire State earlier left now for construction, is cut fur- their under-estimated budgets could no longer this year. The only two highway ther. support the same number of vouchers. projects for the entire region of the So I understand that the sub- At a time when rising energy costs are driv- State in southeastern Massachusetts committee did a good job within the ing utility costs up, and job markets are fluc- that several of us represent came be- constraints that they were given, al- tuating, particularly in areas like Michigan, we cause our colleagues in the committees though some of them gave themselves cannot ignore the impact of yearly market did what we asked and earmarked some those constraints, but the consequence changes on subsidy needs. funding. of these spending priorities of this Con- TREASURY b 1045 gress is underfunding of several impor- Department of Treasury is funded at $11.7 tant housing and community develop- billion, $400 million above FY05 and $50 mil- That is, not only were those ear- ment priorities. marks very important for the local lion above the President’s request. Mr. KNOLLENBERG. Mr. Speaker, I areas, but the State then adopted them The Internal Revenue Service is funded at yield such time as he may consume to as their only projects. So for people request level of $10.7 billion, $434 million the gentleman from Kansas (Mr. above FY05. who think that earmarks somehow are TIAHRT), a member of the sub- The bulk of the increase is for the tax en- some excrescence imposed from with- committee. forcement activities of the IRS. out, in my judgment, they often reflect Federal Election Commission is funded at better the local priorities; and one of Mr. TIAHRT. Mr. Speaker, I want to the budget request of $55 million, $3 million the ones where I have gotten some help bring to light an issue that several of above FY05 and the Election Assistance Com- from the ranking member and others is my colleagues on the subcommittee mission is funded at $16 million. to create the first handicapped-acces- and the gentleman from California (Mr. Mr. KNOLLENBERG. Mr. Speaker, I sible commuter rail station on an im- DOOLITTLE) feel should be a critical yield as much time as he may consume portant commuter route going into concern of the American taxpayer. I to the gentleman from California (Mr. Boston from the west. I make no apolo- want to ensure that the IRS under- LEWIS), the chairman of the full Appro- gies for that earmark. stands the intent of Congress that is priations Committee. Unfortunately, this subcommittee, stated in the report language of this Mr. LEWIS of California. Mr. Speak- however, had to operate within the bill. er, Chairman KNOLLENBERG, my col- constraints of a terrible budget, and Mr. DOOLITTLE. Mr. Speaker, will league from Massachusetts (Mr. OLVER) while they did the best they could, the gentleman yield? I rise simply to express my deepest ap- with one exception, I would join the Mr. TIAHRT. I yield to the gen- preciation for the work that you have gentleman from Michigan in regretting tleman from California. been about on this newly organized the choice that was made about the Mr. DOOLITTLE. Mr. Speaker, I subcommittee that has a variety, a voucher funding formula; they did not, thank the chairman very much; he has mix, of complex issues that can con- I think, take the right choice there. been extremely generous in listening to flict with each other, issues that if They adopted a formula that locks into our concerns. I thank the gentleman taken the wrong way, can cause bills to the past, and let me predict now that from Kansas (Mr. TIAHRT) as a member be stymied and no progress made. You Members, once again, are going to of the subcommittee for working on have done a very, very fine job of es- start hearing from their local commu- this and working with me as well. tablishing a tone that says that we can nities as the year goes on about prob- This ‘‘Return-Free’’ tax filing sys- work together. And where Appropria- lems with vouchers, about the waiting tem, Mr. Speaker, would create a con- tions does its best work is when we list being too long, about people being flict of interest by making the IRS not reach across the aisle and recognize upset; and it is probably because of only the tax collector and the enforcer, that while we do not have to agree 100 what we have been coerced into doing but also the tax preparer. The loser in percent of the time, there is little here. such a scenario would be the American

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10941 taxpayer. Return-free creates, by defi- sources than I would hope they would That is an expensive process, and the nition, a fundamental conflict of inter- have. But that is the reality of the dol- States are required to have it in place est by making the same agency that lars that were given to Mr. KNOLLEN- by January 1 of 2006. We have short- collects the taxes, writes the tax regu- BERG and Mr. OLVER to deal with. changed them to this date $800 million lations, collects the revenues, performs I am pleased that the transportation of the promised $3.8 billion. Mr. Speak- audits, and enforces compliance, now bill report includes an adjustment for er, $3 billion is a large sum of money; also becomes the tax preparer. our Federal civilian employees in their but when you spread it throughout 50 Mr. TIAHRT. Mr. Speaker, reclaim- cost of living consistent with the pay States, it diminishes. ing my time, is it the chairman’s un- adjustment proposed for the military Mr. Speaker, I would hope that we derstanding that the IRS is bound from personnel. It is essential that we pro- could work together with the White setting up tax preparation services, vide this adjustment as recognition of House that has been helpful in the past and does the chairman agree that it is the contribution made by both Federal and Speaker HASTERT, who has been the intent of the subcommittee that civilian employees and military per- very helpful in the past; Mr. OBEY and the Treasury and the IRS must abide sonnel to the safety and security of the Mr. OLVER have both been helpful in by the Free File agreement and not go Nation. It also allows us to recruit and making sure that next year we can into the business of preparing taxes for indeed retain those that we need to work with the administration to try to taxpayers? carry out important and vital services get this funding at the level that it Mr. KNOLLENBERG. Mr. Speaker, if for our citizens. really ought to be, because that is the gentleman will yield, I do indeed. I am also pleased that the President’s what we promised the States and, but There is language in the bill addressing request for the FDA consolidation is in for that, it will be an unfunded man- this bill. These funds will go a long the Free File Alliance stating that date. way in helping to relocate FDA em- So, again, in closing, I thank the ‘‘the conferees are aware that the IRS ployees from their current substandard chairman, I thank Mr. OLVER, Mr. and the FFA have signed a new 4-year facilities into modern, state-of-the-art OBEY and Mr. LEWIS for working to- agreement under which the IRS con- facilities. gether to bring this bill to the floor, tinues to agree not to enter the tax I am enormously grateful, and I want and I will certainly be supportive. preparation market.’’ to say this publicly, I have said it pri- Mr. KNOLLENBERG. Mr. Speaker, I The conferees direct IRS to abide by vately, to Chairman KNOLLENBERG for reserve the balance of my time. the terms and conditions of the agree- his leadership in making possible reim- Mr. OLVER. Mr. Speaker, I yield 3 ment. bursement to small business people minutes to the gentlewoman from We believe that this will ensure that who operated small airports and, for Texas (Ms. JACKSON-LEE). the IRS adheres to the agreement and security reasons, were shut down by (Ms. JACKSON-LEE of Texas asked will not enter the tax preparation mar- the Federal Government and sustained and was given permission to revise and ket. substantial losses. We have been work- extend her remarks.) Mr. TIAHRT. Mr. Speaker, reclaim- ing on this for many years, and Mr. Ms. JACKSON-LEE of Texas. Mr. ing my time, I would like to thank the KNOLLENBERG and Mr. OLVER have now Speaker, let me thank the distin- gentleman from California (Mr. DOO- ensured that we resolve this, and I guished ranking member from Massa- LITTLE) for addressing this important thank the chairman for that. The fail- chusetts for a tough job, a tough task, issue to the American taxpayer. If the ure to provide these small businessmen and very good work. I add my apprecia- IRS does deviate from this agreement, with compensation in the years past tion to the chairman, the gentleman then we will seek to stop them through has caused great difficulty, and this from Michigan (Mr. KNOLLENBERG). I statutory language to prevent tax will be a welcome addition to this bill. could not imagine a more combined preparation originating within the I also want to commend the conferees challenge than the appropriations bill IRS. for withstanding pressure from the that we have before us. Unfortunately, Mr. OLVER. Mr. Speaker, I yield 5 White House, including the Bond-Mi- in tough times we have tough choices, minutes to a member of the sub- kulski reform provision, which will and many times some along the way committee and the minority whip, the correct fundamental flaws in the con- are affected by those tough choices. So, Mr. Speaker, I add my apprecia- gentleman from Maryland (Mr. HOYER). tracting-out provisions. Simply put, tion for a number of aspects of this Mr. HOYER. Mr. Speaker, today we the provision will eliminate waste and bill. First of all, I want to thank the consider the conference report on the save taxpayer money while, at the combined Texas delegation and, as I Treasury, Transportation, HUD bill. same time, preserving appropriate said, the ranking member and chair- That in and of itself is a remarkable competition by employees with the pri- man of the subcommittee, and the gen- achievement, given that in recent vate sector to get the most efficient years the tendency has been to cir- tleman from Texas (Mr. CULBERSON) in and effective results for our taxpayers. particular, on at least providing for cumvent the established appropriation I want to close by saying that I am New Start monies for Metro in Hous- process. concerned about what I believe to be ton. I want to commend Chairman one very significant provision that is Mr. OLVER knows that this has been KNOLLENBERG and Ranking Democrat not in this bill, or funding that is not Olver for working diligently and coop- a long journey. We have had discus- in this bill. As the sponsor of the Help sions on the floor in sessions past when eratively on a bill that is profoundly America Vote Act with the gentleman we have not made it. We have had con- important to every American. We have from Ohio (Mr. NEY), and it was over- flicting views coming out of the Hous- seen much conflict over the last few whelmingly supported on this side, ton delegation. But I can stand proudly days, and it is, I think, a happy event Senator MCCONNELL and Senator DODD and say that the Houston money, $12 that we can come to the floor and be on the Senate side, strong support, we million for New Starts, will not go un- supportive of a bill that was worked on promised the States some $3.8 billion in used and unappreciated. in a bipartisan, cooperative way; and I funding. We have given $3 billion to get We have a system that is one of the think that is a testament to Mr. our technology up to date, to ensure most used New Starts in America, with KNOLLENBERG and to Mr. OLVER, and that every voter has access to the very large numbers of utilization; and thanks to them as well. polls, that our registration rolls are up it is important that we get started and Now, they would agree, and we all to date and accurate, that no American continue to commit. agree, this is not a perfect conference is precluded from voting because of in- Might I also say, however, it is im- report, hardly any conference report is, efficiencies in the registration system, portant for Metro to listen to commu- and there are limited resources. Crit- and we required the States to have nity input so that we will have light ical social programs are hurt. Public statewide registration systems, a cen- rail and not have BRT. Light rail is housing, Hope VI, people with AIDS, tralized database so that no Mary- what we voted on, and light rail is rural housing and economic develop- lander, no Massachusetts resident, no what we want. ment, Community Development Block Michigander would be shut out of the I am gratified that the judiciary, or Grants, brownfields, and the HOME process because they were not properly the Justice Department, has been fund- program all face, frankly, fewer re- included on the rolls. ed in aspects where the staff has been

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I do raise a point about an over- 5. $950,000 for the Western Alaska Council, 34. $300,000 for the City of Evergreen for ex- use of the national security letters by Boy Scouts of America in Anchorage, Alaska pansion of the Evergreen Conecuh County the FBI and hope that we may look at for construction of the Boy Scouts High Ad- Library in Evergreen, Alabama; that in the future. venture Base Camp near Talkeetna, Alaska; 35. $400,000 for the Fayette County Com- But the real issue, Mr. Speaker, is to 6. $750,000 for the construction of the mission for the Fayette County Industrial Tongass Coast Aquarium; Park in Fayette County, Alabama; talk about HUD, which really has be- 7. $750,000 for Alaska Pacific University for 36. $200,000 for the Hayneville/Lowndes come a bank for this bill, as hard as my the construction of a building; County Library Foundation for construction colleagues have worked. The bad news 8. $250,000 for the construction of the of a new library in Hayneville, Alabama; is that CDBG funds have been cut; that Alyeska Roundhouse in Girdwood, Alaska; 37. $350,000 for the Jasper Area Family is the very heart of many of our com- 9. $500,000 for the People’s Regional Learn- Services Center for construction of the Cen- munities, and we see that it has been ing Center in Bethel, Alaska to construct a ter in Jasper, Alabama; cut by 9 percent. vocational school and dormitories; 38. $300,000 for the City of Tuskegee for The voucher question is severe. The 10. $500,000 for the Dillingham City School Downtown Revitalization in Tuskegee, Ala- District in Dillingham, Alaska, to repair the section 8 vouchers have been cut. Un- bama; gymnasium in the Dillingham middle/high 39. $400,000 for the Alabama Institute for fortunately, public housing authorities school; the Deaf and Blind’s Tuscaloosa Regional will come up short this year. Even 11. $250,000 to the National Children’s Ad- Center in Tuscaloosa, Alabama; though we have used the House for- vocacy Center in Huntsville, Alabama for fa- 40. $250,000 for the City of Montgomery to mula of a snapshot of a few years back, cilities planning and improvements to the develop the Montgomery Riverwalk in Mont- we are going to face a crisis because advocacy center; gomery, Alabama; Houston is an example where we have 12. $200,000 to Chambers County, Alabama 41. $250,000 for the Cleveland Avenue YMCA thousands of Hurricane Katrina sur- for the development of the Chambers County for facility expansion in Montgomery, Ala- industrial park; bama; vivors and Rita survivors, and we are 13. $400,000 to Clarke County Commission, short of vouchers for housing as we 42. $200,000 for the Wilcox County Indus- Alabama for an ongoing economic develop- trial Development Authority for planning speak. FEMA has shut off the doors for ment project by the Clark Co. commission; and development of its Industrial/Commer- the hotels by December 1. We hope to 14. $150,000 to Jefferson State Community cial Park; press them to realize that that is an College in Alabama for facilities renovation 43. $300,000 for the City of Guin for plan- untenable position. of an existing building; ning and development of its Industrial/Com- I also hope the elderly repair housing dollars 15. $200,000 to the City of Ashland, Alabama mercial Park; are protected because the elderly are some of for the purchase of land for Ashland indus- 44. $150,000 to Grand Prairie Center for the our most vulnerable populations. trial development; Arts and Allied Health, Phillips County 16. $300,000 to the City of Bear Creek, Ala- Community College in Stuttgart, Arkansas b 1100 bama for industrial park expansion; for facility construction; Then we do not even have Section 8 17. $500,000 to the City of Decatur, Alabama 45. $150,000 to the City of Little Rock, Ar- for the Ingalls Harbor/Day Park Riverfront vouchers for the 25,000 backlog list that kansas for facilities renovation and improve- Renovation; ments to the community center at Granite we already have in Houston. 18. $200,000 to the city of Fort Payne, Ala- Mountain; I am disappointed that the bama for facilities renovation of a building brownfields are effectively zeroed out. 46. $150,000 to the El Dorado Public Schools as part of the downtown revitalization in El Dorado, Arkansas for the expansion of That has, of course, been an effort to project; a recreational field; 19. $100,000 to the City of Guntersville, Ala- clean up many of the dastardly condi- 47. $150,000 to the North Arkansas College, bama for renovations to the Whole Back- tions in urban and rural areas, particu- Harrison County, Arkansas for renovations stage Theater; larly some of the chemical plants that to a Conference and Training facility; 20. $100,000 to the City of Huntsville, Ala- 48. $250,000 to Vada Sheid Community De- have been in our inner cities. bama for land acquisition for downtown re- velopment Center, ASU in Mountain Home, This is a bill that took a lot of development; Arkansas for the community development choices and I know a lot of hard work. 21. $100,000 to the City of Montevallo, Ala- center auditorium; I wish we could have done better the bama for sidewalks, street furniture, and 49. $800,000 for the Central Arkansas Re- housing area, Mr. Speaker, and I hope fac˛ade improvements; 22. $1,000,000 to the City of Opelika, Ala- source Conservation and Development Coun- we do so in the future. cil in Helena, Arkansas for the construction GENERAL LEAVE bama for the Northeast Opelika Industrial Park; of the Phillips County Agricultural Storage Mr. LEWIS of California. Mr. Speaker, I sub- 23. $150,000 to the City of Prattville, Ala- Facility; mit the following: Statement of Managers Cor- bama for the Prattville Waterfront Develop- 50. $200,000 for the Boys and Girls Club of rection for H.R. 3058 Relating to the Economic ment Project to provide access to local wa- Ouachita County, Arkansas for the construc- Development Initiative Submitted by the Chair- terways; tion of recreational facilities; man of the Committee on Appropriations of 24. $100,000 to the City of Robertsdale, Ala- 51. $200,000 for the City of Conway, Arkan- bama for upgrades to the PZK Civic Center; sas for downtown revitalization; the House of Representatives November 18, 52. $200,000 for Audubon Arkansas for the 2005. 25. $100,000 to the City of Shorter, Alabama for facilities construction and renovation of development of the Audubon Nature Center The following corrects, and constitutes a at Gillam Park in Little Rock, Arkansas; complete substitute for, the provisions of the the Old Shorter School building to a commu- nity center; 53. $600,000 to Chicanos Por La Causa in statement of managers of the committee of 26. $150,000 to the City of Thomasville, Ala- Phoenix, Arizona for redevelopment of the conference accompanying H.R. 3058 relating bama to construct a worker training center Nuestro Barrio Community; to the Economic Development Initiative of the at Alabama Southern Community Center; 54. $250,000 to Chicanos Por La Causa in Department of Housing and Urban Develop- 27. $100,000 to the Huntsville Museum of Phoenix, Arizona for land acquisition and re- ment’s Community Development Fund. Art, Alabama for facility renovations; development of the East Washington Fluff The conference agreement includes 28. $75,000 to the Town of Mooresville, Ala- site; 55. $250,000 to Pinal County, Arizona for the $310,000,000 for the Economic Development bama for rehabilitation, facility improve- ments, and build out of three buildings; renovation and repair of the Pinal County Initiative with specific requirements on how 29. $250,000 to the University of Montevallo, Courthouse; these funds can be used. The conference Alabama for facilities renovation and expan- 56. $650,000 to the Boys & Girls Club of Si- agreement directs HUD to implement the Eco- sion of the Ramsay Conference Center at the erra Vista, City of Sierra Vista, Arizona for nomic Development Initiatives program as fol- University of Montevallo in Alabama; construction of the Boys & Girls Club in Si- lows: 30. $275,000 to Troy University, Alabama for erra Vista; 1. $100,000 to the Salvation Army, City of small business training; 57. $500,000 to the City of Eloy, Arizona for Anchorage, Alaska for facilities construction 31. $400,000 for Construction and outfitting construction of a community center; associated with the SAFE Center at Chester of the University of South Alabama’s Mitch- 58. $250,000 to the City of Globe, Arizona for Creek; ell School of Business Library in Mobile, land acquisition and streetscape improve- 2. $400,000 for Bean’s Cafe´, in Anchorage, Alabama; ments; Alaska for the expansion of its kitchen; 32. $400,000 for construction and outfitting 59. $180,000 to the City of Scottsdale, Ari- 3. $150,000 for the Alaska Botanical Garden of the New Centurions, Inc. New Life for zona for the renovation of the Vista del Ca- in Anchorage, Alaska for expansion and ren- Women Shelter in Etowah County, Alabama; mino Community Center; ovation of its infrastructure; 33. $250,000 for the Greenville Family 60. $350,000 to the Douglas Arts and Human- 4. $750,000 for the Bering Straits Native YMCA for child care facility acquisition, ities Association, City of Douglas, Arizona Corporation in Nome, Alaska for Cape Nome renovation, and construction in Greenville, for facilities renovation of the Grand The- Quarry upgrades; Alabama; ater;

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10943 61. $150,000 to the Dunbar Coalition in Tuc- 90. $100,000 to the City of Huntington 118. $250,000 to the Earle Baum Center of son, Arizona for the Dunbar Project; Beach, California for the planning and design the Blind, Inc. in Santa Rosa, California to 62. $350,000 to Valley of the Sun YMCA in phase of a senior center; build a center for the visually impaired; Phoenix, Arizona for facilities construction 91. $200,000 to the City of Huntington Park, 119. $75,000 to the Hillview Acres Children’s of a YMCA; California for renovation of a recreation cen- Home, City of Chino, California for construc- 63. $500,000 to Camp Ronald McDonald for ter building; tion of a facility for the Hillview Acres Chil- the Good Times, California for building cab- 92. $200,000 to the City of Inglewood, Cali- dren’s Home; ins and dining hall improvements; fornia for construction of a new senior cen- 120. $100,000 to the International 64. $150,000 to Chualar, California for con- ter; AgriCenter, City of Tulare, California to ex- struction of a multipurpose cultural room on 93. $150,000 to the City of La Mirada, Cali- pand educational activities with the College the Chualar Elementary School campus; fornia for construction of an aquatic center; of Sequoias and the California Polytechnic 65. $125,000 to Esperanza Mercado Project, 94. $250,000 to the City of Lancaster, Cali- University; California for the Esperanza Community fornia for installations related to the base- 121. $75,000 to the La Habra Vista Grande Maple-Mae Project; ball complex; Park, City of La Habra, California to reha- 66. $1,000,000 to Los Angeles County, Cali- 95. $400,000 to the City of Los Angeles, Cali- bilitate the La Habra Vista Grande Park; fornia for the ongoing construction of a new fornia for site acquisition and development; 122. $250,000 to the Lake County Arts Coun- library; 96. $100,000 to the City of Madera, Cali- cil in Lakeport, California for renovation of 67. $50,000 to LOVARC in the City of fornia to construct a youth center for at risk the Lakeport Cinema to a Performing Arts Lompoc, California for construction of an el- youth; Center; evator for a building that serves the dis- 97. $150,000 to the County of Fresno, Cali- 123. $100,000 to the Lompoc Healthcare Dis- abled; fornia for construction of the Rural Voca- trict, California for the construction of a 68. $150,000 to Merced County, California tional Training Facility (RVTF); new C.N.A. training center; for renovation of the George Washington 98. $150,000 to the City of Oakland, Cali- 124. $500,000 to the Museum of Latin Amer- Carver Community Center in Dos Palos, fornia for renovation of historic Fruitvale ican Art in Long Beach, California to com- California; Masonic Temple; plete the renovation of the Museum; 69. $150,000 to Mono County Library Au- 99. $200,000 to the City of Oceanside, Cali- 125. $100,000 to the National Orange Show, thority Board/Board of Ed., Mono County, fornia for a Senior Center facility to serve City of San Bernardino, California for Ren- California for the Library Authority Board seniors from Oceanside, Vista, Carlsbad and ovations to National Orange Show stadium; of Education for construction of a building; San Marcos; 126. $100,000 to the North County Solutions 70. $100,000 to San Bernardino County, CA 100. $100,000 to the City of Oroville, Cali- for Change, City of Vista, California Solu- for the development of the Santa Ana River fornia for Vega Center renovations; tions Family Intake/Access Center for home- Regional Park; 101. $200,000 to the City of Pico Rivera, less families and their children; 71. $200,000 to Solano County, California for California for the expansion of the California 127. $100,000 to the Oasis of Hope Commu- renovation of two structures used by local senior center; nity Development Corporation, City of veterans groups; 102. $200,000 to the City of Placerville, Cali- Stockton, California for the Oasis of Hope 72. $250,000 to SVDP Management-Father fornia for Gold Bug Park Renovations; Community Development Corporation edu- Joe’s Villages, City of Lake Morena, Cali- 103. $100,000 to the City of Riverside, Cali- cation project; fornia for the design of a residential facility fornia for the development of a Technology 128. $200,000 to the Preservation of CA for homeless youth; Center within University Research Park; State Mining & Mineral Museum, City of 73. $150,000 to Taylor Yard Park in Los An- 104. $100,000 to the City of Riverside, Cali- Mariposa, California for preservation of the geles, California for recreational equipment fornia for construction of a pedestrian bridge CA Mining and Mineral Museum; and other park upgrades that will serve at- in the California Citrus State Park; 129. $100,000 to the Riverside Community risk youth; 105. $100,000 to the City of San Fernando, College, California for facility construction 74. $100,000 to the Antelope Valley Boys and California for revitalization of downtown of the School for Nursing; 130. $400,000 to the Sacramento Food Bank, Girls Club, City of Lancaster, California for San Fernando; improvements to the Boys and Girls Club of 106. $300,000 to the City of San Jacinto, California for construction of the food bank; 131. $150,000 to the San Diego Housing Com- Antelope Valley; California for improvements to city musuem/ mission in San Diego, California for the 75. $150,000 to the Aquarium of the Pacific, Estudillo property; HOPE Village Project to construct a 20–unit City of Long Beach, California to develop an 107. $150,000 to the City of San Jose, Cali- housing complex to house homeless individ- exhibit to educate the public on the impor- fornia to the construction of a community uals; tance of ports; center in a low and moderate-income area; 132. $150,000 to the Santa Barbara County 76. $500,000 to the Boys and Girls Club of 108. $350,000 to the City of San Leandro, Food bank in Santa Barbara, California for East County, City of Santee, California for California for streetscape and pedestrian construction of a new facility at East Coun- expansion and upgrades to its facility; safety improvements; 133. $550,000 to the Skirball Cultural Center ty; 109. $150,000 to the City of San Pedro, Cali- 77. $250,000 to the City of Alhambra, Cali- in Los Angeles, California for development fornia for streetscape and other improve- fornia for development and construction of a and construction of Noah’s pArk; ments along Gaffey Street; 134. $250,000 to the Stillwater Business park; 110. $100,000 to the City of Thousand Oaks, 78. $1,000,000 to the City of Apple Valley, Park, City of Redding, California to develop California to construct a community California for Civic Center Park develop- the Stillwater business park; aquatics complex on the campus of Cali- ment; 135. $125,000 to the Tehachapi Performing fornia Lutheran University; 79. $250,000 to the City of Banning, CA for Arts Center Foundation, City of Tehachapi, 111. $250,000 to the City of Twentynine city pool improvements; California for design and construction of a 80. $350,000 to the City of Beaumont, CA for Palms, California for Development of a Visi- performing arts center; the construction of the Beaumont Sports tors Center; 136. $250,000 to the Town of Yucca Valley, Park; 112. $350,000 to the City of Yucaipa, Cali- California for development and construction 81. $200,000 to the City of Bell Gardens, fornia for development and construction of of the South Side Community Center; California for renovation and update of fa- the Yucaipa/Crafton Hills College Rec- 137. $40,000 to the Tulare Veterans Memo- cilities; reational Facility; rial District, City of Tulare, California for 82. $100,000 to the City of Bishop, California 113. $350,000 to the City of Yucaipa, Cali- modernization of the veterans hall; for improvements to City housing; fornia for development of the Yucaipa Valley 138. $350,000 to the U of CA’s Shafter Re- 83. $150,000 to the City of Chowchilla, Cali- Regional Sports Complex; search and Extension Center, City of Davis, fornia for reconstruction of an industrial 114. $150,000 to the Community Action part- California; to complete the design and con- park; nership of Orange County in Garden Grove, struction of Shafter Research and Extension 84. $80,000 to the City of Colfax, California California for acquisition, construction, or Center at the University of California, Davis; for an expansion of the Youth Center; rehabilitation of a service facility; 139. $200,000 to the Valley Alliance for the 85. $150,000 to the City of Colton, California 115. $200,000 to the Department of Eco- Arts in San Fernando Valley, California for for improvements to Veterans Park; nomic Development in Rancho Cordova, construction of a performing arts center; 86. $100,000 to the City of Corona, California California for Cordova Senior Center Expan- 140. $100,000 to the Visalia Rescue Mission, for the renovation of the Old City Hall; sion; City of Visalia, California for construction of 87. $150,000 to the City of East Palo Alto, 116. $250,000 to the Department of Parks a new facility to provide shelter for homeless California for the construction of facilities and Recreation, Encinitas, California for the women and children; for community services; construction of a visitor center in the San 141. $200,000 to the Youth Science Institute 88. $350,000 to the City of El Monte, Cali- Elijo Lagoon Open Space Preserve; Center in San Jose, California for building fornia for construction of a community gym- 117. $250,000 to the Diamond Bar High renovations; nasium; School and Community Sports Field, City of 142. $50,000 to Ventura County, California 89. $250,000 to the City of Greenfield, Cali- Diamond Bar, California for the renovation for rehabilitation of the multi-purpose room fornia for construction of a multipurpose of the Diamond Bar High School and Com- and kitchen of the Oak View Park and Re- community facility; munity Sports Field; source Center;

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10944 CONGRESSIONAL RECORD — HOUSE November 18, 2005 143. $250,000 for the 10th and Mission Af- 169. $350,000 to the Town of Stonington, 199. $300,000 to the Central Florida Commu- fordable Family Housing & Commercial Connecticut for the construction of south nity College, City of Ocala, Florida for im- Space Project, for the development of hous- pier at Stonington Town Dock Complex; provements to the Fine Arts Center at Cen- ing units and commercial space, Mercy 170. $350,000 to the Town of Willington, tral Florida Community College; Housing, San Francisco; Connecticut for the expansion of low-income 200. $500,000 to the Centro Mater Founda- 144. $200,000 for the City of Inglewood to senior housing; tion, Florida for construction of a new build- construct a Senior Center; 171. $300,000 to the University of Hartford ing; 145. $200,000 for the San Francisco Museum in Hartford, Connecticut for facilities con- 201. $25,000 to the City of Alachua, Florida and Historical Society Old Mint Restoration struction and renovation of the Hartt Per- for the construction of the Veterans’ Memo- Project for planning, design and construc- forming Arts Center; rial at City Hall; tion, San Francisco; 172. $100,000 to the Yerwood Community 202. $250,000 to the City of Bartow, Florida 146. $150,000 for the Fresno County Eco- Center, City of Stamford, Connecticut for re- for the redevelopment of downtown Bartow; nomic Opportunities Commission, Fresno, pairs to the Yerwood Community Center; 203. $500,000 to the City of Dunedin, FL con- CA, for construction of the Neighborhood 173. $100,000 to the YMCA, City of Elling- struction of a new community center; Youth Center; ton, Connecticut for construction of a new 204. $200,000 to the City of Ft. Myers, Flor- 147. $600,000 for the City of Oakland, CA for YMCA in an underserved area; ida for the redevelopment of Edison & Ford the Fox Theater Restoration; 174. $450,000 for the City of Hartford for the Estates; 148. $200,000 for the City of Redding, CA for Hartford Homeownership Initiative; 205. $400,000 to the City of Gainsville, Flor- the Stillwater Business Park; 175. $200,000 for the City of Hartford for the ida for renovations and historic preservation 149. $200,000 for the West Angeles Commu- renovation of the Mark Twain House Build- of James Norman Hall at the University of nity Development Corporation, CA for the ing; Florida, Gainesville; development of the West Angeles Plaza; 176. $300,000 for the City of Ansonia for the 150. $100,000 to the Housing Trust of Santa 206. $200,000 to the City of Gulfport, Florida renovation of the Ansonia Armory; Clara County, CA, for the First Time Home for renovations to City of Gulfport Scout 177. $250,000 for the City of West Haven, CT, Hall; Buyer Loan Program; for the redevelopment of residential housing; 151. $175,000 for the San Francisco Fine 207. $200,000 to the City of Hollywood, Flor- 178. $250,000 for the City of Stamford, CT, Arts Museums, CA, for M.H. de Young Memo- ida for the construction and development of for renovations to the Yerwood Community rial Museum construction; the Young Circle Arts Park project; 152. $175,000 for the Agua Caliente Cultural Center; 208. $75,000 to the City of Marathon, Flor- 179. $250,000 for the Town of Southbury, CT, Museum, Palm Springs, CA for construction; ida for the redevelopment of Boot Key Mu- 153. $160,000 to the City of Montrose, Colo- for renovations to the Bent of the River Au- nicipal Harbor; rado for expansion of a research park for the dubon Center; 209. $250,000 to the City of Miami Gardens, Mesa State University; 180. $200,000 for the City of Hartford, CT, Florida for revitalization of the business dis- 154. $240,000 to the City of Pueblo, Colorado for neighborhood restoration activities un- trict; for redevelopment of recreation and park fa- dertaken by the Southside Institutions 210. $100,000 to the City of Miami Springs, cilities; Neighborhood Alliance; Florida for the construction of a hurricane 155. $150,000 to the Denver Rescue Mission 181. $250,000 to the African American Civil shelter; in Denver, Colorado for acquisition and ren- War Museum in Washington, DC for capital 211. $250,000 to the City of Miami, Florida ovation of an emergency shelter; improvements to the facility and visitors for the elderly assistance program; 156. $250,000 to the Denver Rescue Mission, center; 212. $250,000 to the City of Ocoee, Florida City of Wellington, Colorado for construc- 182. $250,000 to Beebe Medical Center, Dela- for construction of a senior citizens veterans tion and renovation of rehabilitation facili- ware for renovations; service center; 183. $200,000 to the Wilmington Senior Cen- ties; 213. $300,000 to the City of Riviera Beach, ter, Delaware for renovations; 157. $300,000 for the City of Denver, Denver Florida for site acquisition and improve- 184. $250,000 for the Ministry of Caring, Rescue Mission for the Acquisition and Ren- ments for commercial revitalization; House of Joseph II, in Wilmington, DE for ovation of Emergency and Transitional 214. $250,000 to the City of Sarasota, Flor- the renovation/operation of the facility; Housing for Colorado’s Homeless population; ida for renovations to the Robert L. Taylor 185. $200,000 to the St. Michaels School and 158. $100,000 to the Cardinal Shehan Center, Community Center; Nursery, Wilmington, DE, for expansion of City of Bridgeport, Connecticut to complete 215. $250,000 to the City of St. Petersburg the school; the renovation of the former CT state ar- Beach, Florida for construction of a new mory facility; 186. $200,000 to the Wilmington Senior Cen- ter, Wilmington, DE, for the completion of Community Center; 159. $100,000 to the Charles Smith Founda- 216. $100,000 to the City of St. Petersburg, tion, City of Bridgeport, Connecticut for the renovation of the Lafayette Court Senior Apartments project; Florida for planning and design of Albert planning and implementation of a Neighbor- Whitted Waterfront Park; hood Revitalization Zone (NRZ); 187. $250,000 for Easter Seals Delaware & Maryland’s Eastern Shore for the construc- 217. $125,000 to the City of Treasure Island, 160. $150,000 to the City of Ansonia, Con- Florida for construction of beach walkovers; necticut for construction of a new commu- tion of the new Easter Seals Facility in Georgetown, Delaware; 218. $250,000 to the City of Winter Haven, nity space; Florida for improvements to the downtown 161. $100,000 to the Friendship Service Cen- 188. $200,000 for the Wilmington Music business district; ter of New Britain, City of New Britain, Con- School for the Music School Expansion in 219. $250,000 to the Community Aging & Re- necticut for the renovation of 85 Arch Street Wilmington, Delaware; tirement Services, Inc., Florida to replace a by the Friendship Service Center of New 189. $200,000 to the City of Lewes for the building; Britain; Lewes Canal front Park in Lewes, Delaware; 220. $250,000 to the Good Samaritan Health 162. $250,000 to the Hill-Stead Museum, City 190. $75,000 to Crosswinds, Brevard County, Clinic of Pasco, Inc., Florida for the renova- of Farmington, Connecticut for Hill-Stead Florida for the construction of Crosswinds tion of Good Samaritan Health Clinic of Museum Renovation and Security Improve- youth center; Pasco, Inc; ments; 191. $200,000 to Goodwill of North Florida, 163. $100,000 to the Human Services Coun- Inc. in Jacksonville, Florida for the expan- 221. $100,000 to the Osceola County Home- cil, City of Norwalk, Connecticut for the sion of its facility; less Shelter, City of Osceola County, Florida Human Services Council to redevelop facili- 192. $350,000 to Hubbs/Sea World, Brevard for the completion of Osceola County Home- ties for affordable housing; County, Florida for construction of a marine less Shelter; 164. $100,000 to the Mattatuck Museum, and coastal research center at Hubbs/Sea 222. $100,000 to the Osceola County Senior City of Waterbury, Connecticut for renova- World; Center, City of Osceola County, Florida for tions to the Mattatuck Museum to create an 193. $200,000 to Lake County, FL for con- the construction of a senior citizen center; exhibit on the history of Brass Valley; struction of a library; 223. $250,000 to the Pearl City Masterplan, 165. $350,000 to the Music and Arts Center 194. $100,000 to Little Manatee Housing Cor- City of Boca Raton, Florida for infrastruc- for the Humanities, City of Bridgeport, Con- poration, Hillsborough County, FL for con- ture improvements for Pearl City; necticut for relocation of the Music and Arts struction of an agricultural worker center; 224. $250,000 to the Pinellas County Board Center for the Humanities to a now-vacant 195. $150,000 to Miami-Dade County, Florida of County Commissioners, City of Pinellas department store; for upgrades to the Dade County water and County, Florida for construction of Joe’s 166. $450,000 to the Naugatuck YMCA in sewer infrastructure; Creek Greenway Park; Naugatuck, Connecticut for upgrades and 196. $250,000 to Pinellas County Board of 225. $250,000 to the Santa Fe Community other facilities expansion; County Commissioners, Pinellas County, College, City of Gainesville, Florida for the 167. $100,000 to the Sherman Library Board Florida for the renovation of Palm Harbor expansion of the Fine and Applied Arts Edu- of Trustees, Town of Sherman, Connecticut Public Library; cational Building at Santa Fe Community for reconstruction of the Sherman town li- 197. $96,300 to the Biltmore Hotel, City of College; brary; Coral Gables, Florida for the renovation of 226. $200,000 to the St. Petersburg College, 168. $250,000 to the Stamford Center for the historic Biltmore Hotel; City of Seminole, Florida for the develop- Arts, City of Stamford, Connecticut for ren- 198. $250,000 to the Camillus House, Florida ment of a Science and Nature Park at St. Pe- ovations to the Palace Theatre; to construct a facility; tersburg College;

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10945 227. $150,000 to the Tangerine Avenue Com- opment of land for Morehouse School of Med- 286. $300,000 to the City of Council Bluffs, munity Redevelopment Area in St. Peters- icine; Iowa for downtown historic building renova- burg, Florida for the redevelopment of the 257. $50,000 to the Morehouse School of tion; Tangerine Avenue Community Area; Medicine, City of Atlanta, Georgia for devel- 287. $100,000 Oneida Stake Academy, Frank- 228. $100,000 to the DeBary Art League, opment of land for Morehouse School of Med- lin County, Idaho for restoration of Oneida City of DeBary, Florida for construction of a icine; Stake Academy for historic renovations; Gateway Center for the Arts; 258. $250,000 to the Museum of Aviation, 288. $45,000 to the City of Franklin, Idaho 229. $100,000 to the YMCA of Greater Pensa- City of Warner Robins, Georgia for the con- for repairs to historic City Hall; cola, City of Pensacola, Florida for construc- struction of a WWII exhibit and depot flight 289. $350,000 to the City of Rexburg, Idaho tion of the YMCA of Greater Pensacola; line for the Museum of Aviation; for construction of recreational facilities 230. $400,000 to Wakulla County, Florida for 259. $200,000 for Mercer University, Macon, and handicap accessibility; construction of the multi-purpose commu- Georgia for Critical Personnel Development 290. $150,000 to the Clearwater Economic nity center; Program (CPDP); Development Association, City of Lewiston, 231. $500,000 for Orange County, FL for Cen- 260. $200,000 Atlanta, Georgia Intergener- Idaho for completion of the Lewis and Clark tral Receiving Center to renovate single oc- ational Resource Center for a senior housing Bicentennial Project Planning and Imple- cupancy rooms; project; mentation; 232. $500,000 for the Lowry Park Zoological 261. $200,000 Warner Robins, Georgia Mu- 291. $100,000 to the Greater Pocatello Sen- Society, Tampa, FL for business develop- seum of Aviation, expansion of aviation ior Center, City of Pocatello, Idaho for ren- ment initiative; flight and technology center; ovations to the Greater Pocatello Senior 233. $300,000 for the Central Florida YMCA 262. $200,000 City of Moutri, Georgia for a Center; to expand and renovate the Wayne Densch community and economic development ini- 292. $1,000,000 for Ada County, Idaho for de- YMCA Family Center; tiative; velopment of the Family Justice Center and 234. $250,000 for Miami Dade College and 263. $200,000 Morehouse School of Medicine the Detox Center; the construction of a library at their Hia- for West End Community Development; 293. $1,000,000 for the Clearwater Economic leah, Florida campus; 264. $500,000 Atlanta Symphony Orchestra, Development Association for the implemen- 235. $250,000 for Nova Southeastern Univer- Georgia for the Atlanta Symphony Center tation of the Lewis and Clark Bicentennial sity for the Center for Collaborative Bio- expansion; Plan; Medical Research; 265. $150,000 to the Children’s Justice Cen- 294. $1,000,000 for Boise State University for 236. $600,000 for the City of Coral Gables, ter Foundation in Honolulu, Hawaii for ren- construction of the Center for Environ- Florida for the Biltmore Complex Restora- ovation of a building to provide services to mental Science and Economic Development; tion Project; victims of child abuse and neglect; 295. $1,000,000 for the Idaho Migrant Council 237. $400,000 for the City of Orlando, Florida 266. $150,000 to the County of Hawaii in for planning, design, and construction of the for the Parramore Neighborhood Revitaliza- Kailua-Kona, Hawaii for construction of a Burley Community Center, Burley, Idaho; tion Project; homeless shelter; 296. $250,000 to Western Illinois University 238. $250,000 for Miami Dade County, Flor- 267. $650,000 for the Boys & Girls Club of Quad City Campus in Moline, Illinois for ren- ida for the Miami Performing Arts Center; Hawaii, Honolulu, HI, for planning, design ovations of facilities; 239. $250,000 for the American Beach Prop- and construction of the Nanakuli Boys & 297. $250,000 to Coles County Council on erty Owners’ Association, Fernandina Beach, Girls Club; Aging, Coles County, Illinois for construc- Florida for the Historic Evans Rendezvous 268. $300,000 for Pa’a Pono Miloli’I con- tion of Lifespan Center for seniors; Cultural Center Restoration Project; structs a community and youth center; 298. $250,000 to Illinois College, City of 240. $200,000 for the City of Gainesville, 269. $300,000 for the Children’s Justice Cen- Jacksonville, Illinois for renovation to Florida for the Downtown Revitalization ter Foundation to construct and renovate Crampton Hall at Illinois College; Project; the child counseling center on Oahu; 299. $100,000 to Northeastern Illinois Uni- 241. $200,000 for the Florida Memorial Uni- 270. $300,000 for the Maui Economic Devel- versity in Chicago, Illinois for a feasibility versity, Miami, Florida: West Augustine Ini- opment Board to renovate the enterprise study on planning and design analysis for a tiative; building; new education building; 242. $200,000 to Clarkston Community Cen- 271. $300,000 for the Kauai YMCA to con- 300. $75,000 to Our Children’s Homestead, Il- ter in Dekalb County, Georgia for renovation struct facilities; linois for Our Children’s Homestead to con- of Clarkston Community Center; 272. $200,000 for the Lanai Youth Center to struct new foster care homes; 243. $150,000 to Clayton County, Georgia for acquire and construct activity facilities; 301. $200,000 to Pioneer Center Group Home renovation of the Clayton Senior Center; 273. $200,000 for the County of Hawaii for in McHenry County, Illinois for upgrades at 244. $275,000 to Con-Ed, Inc., City of Savan- the renovation of a Caregiver and Senior Re- to a group home; nah, Georgia for the renovation of a building source Center; 302. $100,000 to Quincy University, City of annex to house a library and computer lab; 274. $300,000 for Hale Mahaolu Ehiku to Quincy, Illinois for the design and construc- 245. $400,000 to Morehouse School of Medi- construct affordable rental housing for sen- tion of an Art and Sciences Center at Quincy cine in Atlanta, Georgia for land acquisition ior citizens; University; to revitalize its West End neighborhood; 275. $450,000 to Systems Unlimited, Inc., 303. $150,000 to Seguin Services in Cicero, 246. $250,000 to Paulding County, Georgia Iowa City, Iowa for the establishment of a Illinois for construction of a garden center; for site preparations; service center for Systems Unlimited, Inc to 304. $200,000 to the Avalon Park School in 247. $175,000 to SOWEGA Council on Aging aid disadvantaged families; Chicago, Illinois for construction of a child- in Albany, Georgia for facility construction; 276. $450,000 to the city of Cedar Rapids, parent center; 248. $100,000 to the City of Covington, Geor- Iowa for redevelopment of southern Cedar 305. $80,000 to the Beardstown Historical gia for renovation and construction of a re- Rapids; Society, City of Beardstown, Illinois for con- source center; 277. $400,000 to the City of Des Moines, Iowa struction of the Grand Opera House 249. $75,000 to the Coastal Heritage Society, for land acquisition for a technology park; Beardstown Historical Society; City of Savannah, Georgia for revitalization 278. $750,000 for the City of Clinton, Iowa, 306. $250,000 to the Bradley University, City of the Central Georgia Railway for Coastal for redevelopment of Liberty Square; of Peoria, Illinois for renovations to Bradley Heritage Society; 279. $250,000 for the National Cattle Con- Hall at Bradley University; 250. $250,000 to the Community Service gress, Waterloo, Iowa, for renovation and 307. $150,000 to the Burpee/Discovery Center Board of Middle Georgia for construction of construction of facilities; Museum, City of Rockford, Illinois for the a girls crisis center; 280. $400,000 for the City of Waterloo, Iowa, expansion of laboratories and public viewing 251. $100,000 to the George E. Ford Center, for the acquisition and rehabilitation of the areas at Burpee/Discovery Center Museum; in Powder Springs, Georgia to refurbish the Cedar Valley TechWorks facility; 308. $250,000 to the Central Illinois Regional Ford Center; 281. $300,000 for the City of Des Moines, Museum, City of Peoria, Illinois for design 252. $75,000 to the Georgia 4–H Foundation, Iowa, for the Riverpoint West development; and construction of Central Illinois Regional City of Tybee Island, Georgia for a new facil- 282. $300,000 for the City of Fort Dodge, Museum; ity for the Georgia 4–H Foundation; Iowa for the Lincoln Neighborhood housing 309. $900,000 to the Chicago Academy High 253. $150,000 to the Hope House Inc., City of initiative; School in Chicago, Illinois for construction Augusta, Georgia for a Hope House facility 283. $1,000,000 to the Iowa Department of of a campus park; for therapeutic childcare; Economic Development for the Main Street 310. $150,000 to the Chicago Children’s Ad- 254. $225,000 to the Infantry Museum and Iowa program for restoration of structures vocacy Center in Chicago, Illinois for expan- Heritage Park in Columbus, Georgia for con- on main streets throughout the state; sion of its facilities; struction/development of National Infantry 284. $750,000 to Polk County, Iowa for the 311. $150,000 to the Chicago Park District in Museum and Heritage Park; purchase and rehabilitation of housing for Chicago, Illinois for land acquisition and fa- 255. $100,000 to the Marietta Growth Fund, low income people; cilities improvements to expand a park; Georgia for the city redevelopment of Mari- 285. $200,000 to the Heartland Hill Habitat 312. $200,000 to the Chicago Park District in etta Growth Fund; for Humanity in Brehmer County, Iowa for Chicago, Illinois for land acquisition and fa- 256. $100,000 to the Morehouse School of the renovation of deteriorated housing for cilities improvements for the expansion of a Medicine, City of Atlanta, Georgia for devel- low income housing; park;

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10946 CONGRESSIONAL RECORD — HOUSE November 18, 2005 313. $100,000 to the City of East Moline, Illi- City of Bloomington, IL for the construction 370. $200,000 for the City of Topeka, KS for nois for revitalization of downtown; of an additional housing facility; renovating and updating Heartland Park To- 314. $225,000 to the City of Harvey, Illinois 341. $250,000 for the Village of Northfield, peka; for demolition and redevelopment of prop- IL for construction of pedestrian and bicycle 371. $500,000 for the City of Mission Kansas erty to aid the community; paths as well as other infrastructure im- to ensure the future viability of business and 315. $500,000 to the City of Yorkville, Illi- provements to the Northfield Park District; residential districts near the Rock Creek nois for the redevelopment of a Yorkville 342. $200,000 for the Township of North Hur- Project; site; ricane, IL for construction of a multi-pur- 372. $500,000 for the City of Fairview, Kan- 316. $75,000 to the City of Crest Hill, Illinois pose building within Precinct 1 of the Town- sas to ensure the future viability of business for redevelopment of Division Street; ship; and residential districts near the Rock Creek 317. $100,000 to the Collins Home Project, 343. $100,000 to Crane Technology Park in Project; City of Collinsville, Illinois for completion of Martin County, Indiana for improvements to 373. $350,000 Mill Springs Battlefield Asso- the Collins Home Project; the Park; ciation, Somerset, KY for construction of 318. $150,000 to the County of DuPage, Illi- 344. $500,000 to Memorial Coliseum Redevel- the Mill Springs Battlefield Visitors Center; nois for renovation of a nursing facility to be opment, Indiana for the renovation of Memo- 374. $75,000 to Crittenden County Day Care used for nurses training center; rial Coliseum Redevelopment; Center, Crittenden County, Kentucky for ex- 319. $200,000 to the DuPage Children’s Mu- 345. $250,000 to the African American pansion of the Crittenden County Day Care seum, Illinois for the DuPage Children’s Mu- Achievers Youth Corporation in Gary, Indi- Center; seum for building renovations; ana for renovations of the Glen Theater; 375. $100,000 to LaRue County Fiscal Court, 320. $250,000 to the Glen Oak Zoo, Peoria 346. $250,000 to the City of Muncie, Indiana LaRue County, Kentucky for construction of Park District, City of Peoria, Illinois for de- for enhancements to Urban Park; a facility for the Lincoln Bicentennial cele- sign and construction of Africa exhibit at 347. $150,000 to the Crossroad of Fort bration in 2008; Glen Oak Zoo; Wayne, City of Fort Wayne, Indiana for the 376. $150,000 to Powell County Fiscal Court 321. $75,000 to the Home of the Sparrow in construction of a new building for Crossroad; in Powell County, Kentucky for the con- Lake, Illinois for the renovation of a home- 348. $100,000 to the Easter Seals Arc of NE struction and development of a park; less shelter; Indiana, City of Fort Wayne, Indiana for con- 377. $250,000 to the Community Economic 322. $100,000 to the Horizon House of Illinois struction of a new facility for Easter Seals Empowerment Corporation, City of Louis- Valley, City of Peru, Illinois for construction Arc of Northeast Indiana; ville, Kentucky for the construction of an of the Horizon House; 349. $500,000 to the South Bend Heritage entertainment facility for the Community 323. $75,000 to the Inner Voice in Chicago, Foundation, Indiana for neighborhood eco- Economic Empowerment Corporation; Illinois for upgrades to homeless shelters on nomic development and revitalization; 378. $350,000 to the Day Spring Foundation, the South Side of Chicago; 350. $250,000 to the Studebaker Corridor, In- City of Louisville, Kentucky for construc- 324. $100,000 to the Lincoln Christian Col- diana for the redevelopment of a brownfield tion of a community resource center for Day lege, City of Lincoln, Illinois for the restora- site; Spring Foundation; tion of the Earl C. Hargrove Auditorium at 351. $500,000 to the Town of Cedar Lake, In- 379. $100,000 to the Dream Foundation, Inc., Lincoln Christian College; diana for downtown streetscape improve- City of Louisville, Kentucky for construc- 325. $200,000 to the Marklund Children’s ments; tion of a playground in Shawnee Park; Home, City of Bloomingdale, Illinois for the 352. $500,000 for the City of Muncie, Indiana 380. $100,000 to the First Gethsemane Cen- renovation of Marklund Children’s Home; to revitalize the downtown urban park; ter for Family Development, City of Louis- 326. $500,000 to the Ray Graham Associa- 353. $250,000 for the Learning Collaborative ville, Kentucky for the renovation of First tion for People With Disabilities, City of to implement the Web Portal Technology Gethsemane Center for Family Development; Downers Grove, Illinois for improvements to 381. $200,000 to the Fleming County Indus- Development Initiative in Daviess County; Ray Graham Association for People With trial Authority, Kentucky for construction 354. $250,000 for the City of Anderson, Indi- Disabilities; of a building; ana to expand the Fiber Optic Network; 327. $250,000 to the Rialto Square Theater, 382. $150,000 to the LaRue County Fiscal 355. $150,000 for the City of Indianapolis, IN City of Joliet, Illinois for repairs to Rialto Court, Hardin County, Kentucky for renova- for the Link Savoy Housing Development; Square Theater; tion of an historic state theater; 356. $100,000 for the City of Evansville, IN 328. $200,000 to the Shawneetown Regional 383. $100,000 to the Louisville Olmsted for the Center City Industrial Park; Port District, City of Shawneetown, Illinois Parks Conservancy, City of Louisville, Ken- 357. $100,000 for the City of Fort Wayne, IN for construction of a facility at tucky for construction of a playground in for the Fort Wayne Technology Center; Shawneetown Regional Port District; the Louisville Olmsted Parks Conservancy; 329. $150,000 to the Timber Pointe Outdoor 358. $200,000 to SAFEHOME, Inc. in Over- 384. $100,000 to the New Zion Community Center, City of Hudson, Illinois for construc- land Park, Kansas for building acquisition; Foundation, City of Louisville, Kentucky for 359. $100,000 to the City of Atchison, Kansas tion of Timber Pointe Outdoor Center; renovation of a facility for the New Zion for the redevelopment of a storm water sys- 330. $100,000 to the Village of Hazel Crest in Community Foundation; Hazel Crest, Illinois for the redevelopment of tem overflow; 385. $500,000 to the Portal 31 Exhibition the area around Hazel Crest Metra Station; 360. $250,000 to the City of Fort Scott, Kan- Mine Site, City of Lynch, Kentucky for his- 331. $160,000 to the Village of Orion, Illinois sas for restoration of historic buildings and toric preservation of the Portal 31 Exhibition for lead-based paint removal; brick streets in the downtown area; Mine Site; 332. $75,000 to the Village of South Jack- 361. $250,000 to the City of Independence, 386. $350,000 to the Temple Community De- sonville, Illinois for construction of a play- Kansas for renovations to historic Landon velopment Corporation, City of Louisville, ground and park for disabled children; House and Booth Theater; Kentucky for the renovation of a facility for 333. $500,000 for the Looking for Lincoln 362. $300,000 to the City of Wichita, Kansas the Temple Community Development Cor- Heritage Coalition in Springfield, IL, for the for construction of food bank central dis- poration; Looking for Lincoln economic development tribution facility; 387. $70,000 to the Tompkinsville Senior and tourism initiative; 363. $250,000 to the City of Wichita, Kansas Citizen Housing Complex, City of Pontotoc, 334. $800,000 for the Peace and Education for the downtown WaterWalk revitalization Mississippi for the completion of the Coalition in Chicago, IL, for construction of project; Tompkinsville Senior Citizen Housing Com- a new facility to serve San Miguel Schools in 364. $300,000 to the Lord’s Diner, Catholic plex; the City’s Back of the Yards neighborhood; Diocese of Wichita, City of Wichita, Kansas 388. $500,000 to the Visions of Eastern Ken- 335. $300,000 to the Haymarket Center in for expansion of Lord’s Diner of Wichita; tucky, City of Manchester, KY for facility Chicago, IL, for construction and establish- 365. $200,000 to the World Impact: Morning construction; ment of the McDermott Addiction Center; Star Ranch, City of Florence, Kansas for 389. $600,000 for the Kentucky Commerce 336. $200,000 for the Quincy Public Library construction and upgrades of the World Im- Cabinet to develop a visitor center at the Big in Quincy, IL, for a newspaper digitization pact Morning Star Ranch; Bone Lick State Park; and community education project; 366. $150,000 to the YWCA of Greater Kan- 390. $200,000 for McCracken County Fiscal 337. $200,000 to the Community Foundation sas City in Kansas City, Kansas for expan- Court to construct an Emergency Services of Decatur/Macon County for construction sion of the facility; Building; and rehabilitation of housing facilities for 367. $1,000,000 for the Boys and Girls Clubs 391. $200,000 for Clinton County to develop the homeless and disabled; of Greater Kansas City for the construction and construct a Welcome Center; 338. $200,000 to the Heartland Community of the Heathwood Community Center for 392. $100,000 to Livingston Parish Veterans’ Health Center for equipment and facilities to Children and Families in Wyandotte County, Memorial Plaza, Louisiana for construction expand services; KS; of Livingston Parish Veterans’ Memorial 339. $250,000 to the Chicago Historical Soci- 368. $500,000 for Sedwick County, KS for the Plaza; ety for construction of a new Chicago His- construction of a Technical Education and 393. $250,000 to Loyola University New Or- tory Exhibition and redevelopment of cur- Training Center; leans, Louisiana for renovations and up- rent facilities; 369. $300,000 for the City of Fort Scott, KS grades to a facility; 340. $200,000 for Home Sweet Home Min- for the redevelopment of underground infra- 394. $225,000 to the City of Covington, Lou- istries—Threshold program located in the structure in the Central Business District; isiana to build a trailhead plaza;

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10947 395. $250,000 to the City of Grand Isle, Lou- 423. $400,000 to the Springfield Day Nursery 455. $350,000 for the Town of Milo, Maine for isiana for construction of a multiplex center; in Springfield, Massachusetts for renova- the development of the Eastern Piscataquis 396. $500,000 to the City of Opelousas, Lou- tions to the King Street Children’s Center; Industrial Park; isiana for Phase I of recreation improve- 424. $400,000 to Western Mass Enterprise 456. $350,000 for the Town of Van Buren: ments; Fund, Inc. in Greenfield, Massachusetts for Van Buren Regional Business Park; 397. $250,000 to the National Center for capitalization of a loan fund; 457. $350,000 for Western Maine Community Community Renewal (NCCR), City of Shreve- 425. $200,000 to Whittier Street Community Action: Keeping Seniors Home program; port, Louisiana for renovations to a donated Center in Roxbury, Massachusetts for facili- 458. $300,000 for the University of New Eng- building in Shreveport; ties renovation; land: George and Barbara Bush Cultural Cen- 398. $180,000 to the Village of Sun, City of 426. $400,000 Walpole, MA for improvements ter for construction and equipment; St. Tammany, Louisiana for repairs to the and renovations to town fields; 459. $200,000 for the City of Portland, Port- Town Hall and Community Center; 427. $280,000 for the City of North Adams, land Public Library Renovation and Expan- 399. $250,000 for Alexandria Central Eco- MA for the renovation of the historic Mo- sion Project; nomic Development District, to develop the hawk Theater; 460. $100,000 for the Penobscot Marine Mu- Alexandria Riverfront Development; 428. $280,000 for the City of Holyoke, MA for seum Maine-Mawooshen: One Country, Two 400. $250,000 for Ascension Parish, to de- renovations to the Picknelly Adult and Fam- Worlds Project—Construction of exhibit; velop the Lamar Dixon Exposition Center; ily Education Center; 461. $300,000 for the Westbrook Housing Au- 401. $500,000 for the Audubon Nature Insti- 429. $200,000 for the City of Medford, MA for thority: Larrabee Village Supportive Serv- tute for the Audubon Living Science Mu- the redevelopment of Medford Square; ices for construction and design of facilities seum and Wetlands Center in New Orleans, 430. $280,000 for the Main South Community for the elderly & disabled; Louisiana; Development Corporation, Worcester, MA for 462. $250,000 to Grand Traverse County, 402. $500,000 for Lafourche Parish for water- the redevelopment of the Gardner-Kilby- Michigan for a homeless shelter to serve five front development along Bayou Lafourche in Hammond Neighborhood; counties; Ascension, Asumption and Lafourche Par- 431. $260,000 for the City of Lawrence, MA 463. $400,000 to Grand Valley State Univer- ishes, Louisiana; for the redevelopment of the Lawrence In- sity in the Town of Allendale, Michigan for 403. $300,000 to American International Col- Town Mall site; renovations to a research and education fa- lege in Springfield, Massachusetts for the 432. $250,000 for the Bird Street Community cility; renovation of Reed Mansion and Breck Hall; Center, Boston, MA for facility renovations; 464. $150,000 to Northern Michigan Univer- 404. $600,000 to Banknorth building in 433. $200,000 for Straight Ahead Ministries sity in Marquette, Michigan for construction Fitchburg, Massachusetts for renovation and of Westboro, MA for the acquisition and ren- and facility expansion of the Olympic Vil- construction; ovation of facilities in Hubbardston, MA; lage Project; 405. $200,000 to Boston Healthcare for the 434. $200,000 for Girls Incorporated of Lynn, 465. $550,000 to the Arab Community Center Homeless in Boston, Massachusetts for ren- MA for building renovations; for Economic and Social Services in Dear- ovation of its facility; 435. $250,000 to Dawson Safe Haven for Chil- born, Michigan for construction of a mu- 406. $300,000 to Edith Wharton Restoration, dren, Youth, and Families in Baltimore, seum; Inc. in Lenox, Massachusetts for facilities Maryland for reconstruction of the Dawson 466. $250,000 to the Boysville Neighborhood upgrade and build out; Safe Haven facility; Centers, Village of Clinton, Michigan for 436. $225,000 to St. Mary’s College, St. 407. $300,000 to Endicott College in Beverly, renovations to the Boysville Neighborhood Mary’s, Maryland for the renovation and Massachusetts for construction of a research Centers; purchasing of technology equipment for center; 467. $550,000 to the City of Detroit, Michi- Goodpaster Hall; 408. $100,000 to Greenfield Community Col- gan for the demolition of unsafe buildings; 437. $150,000 to the City of Baltimore, Mary- lege in Greenfield, Massachusetts for a feasi- 468. $500,000 to the City of Detroit, Michi- land for revitalization of the East Baltimore bility study; gan for demolition of dangerous structures; Development Project Area; 409. $380,000 to Lawrence Community 469. $300,000 to the City of Detroit, Michi- 438. $250,000 to the City of Hyattsville, Works in Lawrence, Massachusetts for con- gan for revitalization of Eastern Market; Maryland for construction of the Renais- struction of a design and technology training 470. $350,000 to the City of East Lansing, sance Square Artists’ Housing; Michigan for the construction of housing center; 439. $250,000 to the City of Takoma Park, 410. $250,000 to Stetson Town Hall in Ran- units for low-income families; Maryland for construction and build out of a dolph, Massachusetts for improvements and 471. $400,000 to the City of Ferndale, Michi- community learning center; renovations of its facility; 440. $500,000 to the Historic St. Mary’s City gan for the expansion of the existing Kulick 411. $200,000 to the City of Holyoke, Massa- Commission in St. Mary’s City, Maryland for Community Center; 472. $100,000 to the City of Frankfort, chusetts for renovations of facility for Solu- construction and renovation of a brick chap- Michigan for mixed-use development; tions Development Corporation; el; 412. $200,000 to the City of Lynn, Massachu- 441. $275,000 to the Ministers Alliance of 473. $250,000 to the City of Port Huron, setts for the renovation of the City Hall and Charles County in Waldorf, Maryland for the Michigan for the renovation of areas in con- Auditorium; acquisition, renovation, and construction of junction with the city revitalization plan; 474. $100,000 to the Detroit Zoo for con- 413. $500,000 to the City of Medford, Massa- a business center; chusetts for construction and renovation of 442. $100,000 to the Towson YMCA Day Care struction of the Ford Center for Environ- an outdoor facility; in Towson, Maryland for the renovation and mental and Conservation Education; 414. $300,000 to the City of Melrose, Massa- expansion of the Day Care Facility; 475. $200,000 to the Jewish Vocational Serv- chusetts for improvements to the Soldiers 443. $300,000 for the Maryland Food Bank in ices in the City of Southfield, Michigan for and Sailors Memorial Hall; Baltimore for construction and equipping of the development of assisted housing; 415. $1,000,000 to the City of New Bedford, new food distribution center; 476. $300,000 to the Labor Museum and Massachusetts for design and construction of 444. $500,000 for the Washington Arch- Learning Center of Michigan in Flint, Michi- a community center; diocese/Langley Park Health Clinic and So- gan for construction and build out of a mu- 416. $100,000 to the City of Sommerville, cial Service Center, Maryland; seum; Massachusetts for renovations and upgrades 445. $450,000 for the East Baltimore Devel- 477. $400,000 to the Lighthouse of Oakland to its facility; opment Project, Maryland; County, Michigan for construction of new 417. $100,000 to the Community Art Center, 446. $500,000 for Patterson Park/Library homes in Unity Park; Inc. in Cambridge, Massachusetts for renova- Square Revitalization, Maryland; 478. $475,000 to the Michigan Jewish Insti- tion and capital improvements; 447. $400,000 for Goucher College, Commu- tute in West Bloomfield, Michigan for im- 418. $300,000 to the Mahaiwae Performing nity Service Center, Maryland; provements to campus buildings and class- Arts Center, Inc. in Great Barrington, Mas- 448. $200,000 for the American Visionary rooms; sachusetts for facilities renovation and im- Arts Museum, Maryland; 479. $200,000 to the MotorCities National provements; 449. $200,000 for the Our Daily Bread Em- Heritage Area in Detroit, Michigan for ren- 419. $400,000 to the Main South Community ployment Center, Maryland; ovations to the historic Piquette Plant; Development Corporation in Worcester, Mas- 450. $100,000 to Bowdoin College in Bruns- 480. $150,000 to the Municipal Riverfront sachusetts for revitalization of the Gardner- wick, Maine for site planning and renovation Park, City of Farmington, Michigan for trail Kilby-Hammond neighborhood; of a building; improvements to Shiawassee Park; 420. $125,000 to the Mashpee Wampanoq 451. $200,000 to the Town of Milo, Maine for 481. $350,000 to the Municipal Riverfront Tribal Council, Inc. in Massachusetts for the development of an industrial park; Park, City of Farmington, Michigan for ADA renovation of a facility; 452. $325,000 for the City of Brewer Admin- compliance of the Municipal Riverfront 421. $200,000 to the Merrimack Repertory istrative Building Redevelopment; Park; Theater in Lowell, Massachusetts for renova- 453. $300,000 for the Franco-American Her- 482. $700,000 to the National Center for tion of facilities; itage Center, Renovation Project; Manufacturing Sciences in the City of Ann 422. $100,000 to the Narrows Center in Fall 454. $325,000 for the Bangor Waterfront Arbor, Michigan for the development of ad- River, Massachusetts for renovations and up- Park on the Penobscot River for the City of vanced technologies to the manufacturing grades to facilities; Bangor; base;

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10948 CONGRESSIONAL RECORD — HOUSE November 18, 2005 483. $200,000 to The Oakland Livingston 510. $150,000 to the Better Family Life Cul- 536. $400,000 to City of Kennett for down- Human Service Agency in Pontiac, Michigan tural Center & Museum in St. Louis, Mis- town revitalization in Kennett, Missouri; for the purchase of 196 Cesar Chavez Avenue; souri for facility construction and renova- 537. $550,000 City of Moorhead, Sunflower 484. $250,000 to the Presbyterian Villages of tion; County, Mississippi for streetscape improve- Pontiac, Michigan for improvements to the 511. $250,000 to the City of Joplin, Missouri ments; senior wellness center; for the renovation of center downtown dis- 538. $300,000 to Panola County Board of Su- 485. $350,000 to the Presbyterian Villages of trict; pervisors, Panola County, Mississippi for the Redwood, Michigan for construction of green 512. $150,000 to the City of Kansas City, construction of a multi-purpose community housing; Missouri for project planning and design, facility; 486. $200,000 to the Recording for the Blind demolition, and redevelopment at the Co- 539. $750,000 to Pontotoc County, MS for and Dyslexic in the City of Troy, Michigan lumbus Park Redevelopment Project; construction of the Pontotoc County for material dissemination to homes and 513. $250,000 to the City of Springfield, Mis- Sportsplex; classrooms; souri for the construction of a multi-purpose 487. $250,000 to the Samaritan Center in the community facility; 540. $200,000 to the City of Meridian, Mis- City of Detroit, Michigan for renovation of a 514. $150,000 to the City of Ste. Genevieve, sissippi for the construction of the Mis- multipurpose facility; Missouri for streetscape improvements; sissippi Arts and Entertainment Center; 488. $350,000 to the YMCA of Saginaw, 515. $500,000 to the Gillioz/Reagan Theater, 541. $100,000 to the City of Natchez, Mis- Michigan for renovation of the YMCA of Missouri for the renovation of the theater; sissippi for a long term master plan for com- Saginaw; 516. $250,000 to the Mid-America Research munity development; 489. $250,000 to Walsh College in the City of and Development Foundation, Missouri for 542. $50,000 to the Mississippi State Univer- Troy, Michigan for a library expansion; construction of a Discovery Research Insti- sity, City of Starkville, 490. $600,000 for The Enterprise Group of tute; Mississippi for improvements to the Cor- Jackson, MI for the Armory Arts redevelop- 517. $500,000 for the Liberty Memorial Asso- nerstone Industrial Park; ment project; ciation in Kansas City, MO for construction 543. $250,000 to the Town of McLain, Mis- 491. $600,000 to the Arab Community Center and renovation; sissippi for industrial park development; for Economic and Social Services (ACCESS) 518. $250,000 for the St. Louis Bosnian 544. $500,000 in the City of Oxford, Mis- in Dearborn, MI for expansion of a museum; Chamber of Commerce for construction of a sissippi for the Innovation and Outreach 492. $600,000 to the City of Detroit, MI for community center in St. Louis, MO; Center; redevelopment of the Far East Side neigh- 519. $250,000 for the Boys & Girls Clubs of borhood; Greater Kansas City, MO for RBI construc- 545. $500,000 in the City of Madison, Mis- 493. $350,000 to the City of Saginaw, MI to tion; sissippi, for the Historic Madison Gateway provide for the revitalization of Northeast 520. $250,000 for the Winston Churchill Me- Project; Saginaw; morial in Fulton, MO for construction and 546. $500,000 in the City of Tchula, Mis- 494. $300,000 for the State of Michigan for renovation; sissippi for the Tchula New Town costs associated with the relocation of the 521. $250,000 for Covenant House Missouri Infrastructure Project; A.E. Seaman Mineral Museum; for construction of homeless youth center in 547. $1,500,000 for the Mississippi Museum of 495. $300,000 for Focus: Hope in Detroit, MI St. Louis, MO; Art in Jackson, Mississippi, for renovations for the upgrades to the cogeneration 522. $250,000 for Truman State University and improvements; microgrid; for construction of Speech and Hearing Clin- 548. $950,000 for the Education Building for 496. $250,000 for the Goodwill Inn Homeless ic in Kirksville, MO; the Jackson Zoo in Jackson, Mississippi, to Shelter in Traverse City, MI for construction 523. $250,000 for City of Springfield, MO for construct an educational building; of a new shelter; renovation of the Springfield Commercial 549. $850,000 for the Lafayette County 497. $200,000 to the Harbor Habitat for Hu- Club Building; Courthouse in Oxford, Mississippi, to restore manity in Benton Harbor, MI for costs asso- 524. $750,000 to the Family Support Serv- and renovate their historic c.1872 court- ciated with infrastructure in the construc- ices Center for Autistic Children for con- house; tion of new homes; struction of a Center to serve families with 550. $800,000 for the Hinds Community Col- 498. $150,000 to the City of St. Paul, Min- autistic children in St. Charles County, Mis- lege Performing Arts Center in Utica, Mis- nesota for rehabilitation needs at the Ames souri; sissippi, to construct a performing arts, Lake Neighborhood/Phalen Place Apart- 525. $500,000 to the University of Missouri multi-purpose building; ments; for Hickman House preservation, renovation 499. $500,000 to the Minneapolis American and improvements projects in Howard Coun- 551. $500,000 for the Mississippi University Indian Center in Minneapolis, Minnesota for ty, Missouri; for Women Facility Restoration in Colum- facilities renovation; 526. $500,000 to the Salvation Army North- bus, Mississippi, for facility improvements 500. $100,000 to the Minnesota Housing Fi- land Community Center, to construct a fam- and restoration; nance Agency, City of St. Paul, Minnesota ily center and community room Clay Coun- 552. $500,000 for the Simpson County, Mis- for the development of supporting housing ty, Missouri; sissippi Courthouse for renovations and im- for homeless youth; 527. $1,000,000 to the Kansas City Neighbor- provements; 501. $275,000 to the Northside Residents Re- hood Alliance for capital improvements in 553. $500,000 for the Jackson Public School- development Council in Minneapolis, Min- Kansas City, Missouri; Belhaven College H.T. Newell Field Complex nesota for construction of mixed-use facili- 528. $1,000,000 to Better Living Commu- Partnership for facility improvements and ties; nities for capital improvements for Salis- construction in Jackson, Mississippi; 502. $550,000 to the Red Lake Band of Chip- bury Park neighborhood housing develop- 554. $600,000 for the City of Collins, Mis- pewa Indians in Red Lake, Minnesota for ment in St. Louis, Missouri; sissippi, to build a multi-purpose civic cen- construction and build out of a multi-pur- 529. $500,000 to the St. Louis Housing Au- ter; pose complex; thority for neighborhood housing develop- 555. $500,000 for the renovation of the Rob- 503. $200,000 for the Hmong American Mu- ment of the Cochran Gardens Public Housing ert O. Wilder Building at Tougaloo College in tual Assistance Association in Minneapolis, Site in St. Louis, Missouri; Jackson, Mississippi; Minnesota to complete the HAMAA Commu- 530. $620,000 to the City of Kansas City for 556. $500,000 for the St. Ambrose Leadership nity Center; Swope Community Builders for the Linwood College in Wesson, Mississippi, for restora- 504. $200,000 for the Red Lake Band of Chip- Housing project, Kansas City, Missouri; tion of a historic building for housing; 531. $500,000 to the Missouri Soybean Asso- pewa Indians in Red Lake, Minnesota to con- 557. $500,000 for Delta State University for ciation for test plots for the Life Sciences struct criminal justice complex project; economic development activities and campus 505. $200,000 for the Chicanos Latinos Research Development and Commercializa- and facility improvements; Unidos En Servicio (CLUES) in St. Paul, tion Project in Boone County, Missouri; Minnesota for facility construction; 532. $500,000 to the Mark Twain Neighbor- 558. $500,000 for the Historical Preservation 506. $200,000 for Redwood County, Min- hood Association for capital improvements at Alcorn State University, Alcorn State, nesota for the Material Recovery/Waste to in St. Louis, Missouri; Mississippi, for the restoration project of ex- Energy Facility at Lamberton, Minnesota; 533. $750,000 to the Students in Free Enter- isting historic buildings; 507. $300,000 to construct a community, ac- prise World Headquarters for capital im- 559. $100,000 to the Child and Family Inter- tivity center for low-income seniors in Mora, provements [equipment] in Greene County, vention Center, City of Billings, Montana for MN; Missouri; the renovation of the Child and Family 508. $500,000 to Southeast Missouri State 534. $250,000 to the Advanced Technology Intervention Center; University, Missouri for the construction of Center for construction of Laser/photronics 560. $500,000 to the Montana Food Bank a new school for the visual and performing lab complex and classroom in Mexico, Mis- Network, City of Missoula, Montana for ex- arts; souri; pansion of the Montana Food Bank Network; 509. $75,000 to the 3rd Ward Neighborhood 535. $750,000 to the Youzeum for construc- 561. $100,000 to the Montana State Univer- Council in St. Louis, Missouri for renovation tion of youth health museum in Boone Coun- sity-Applied Technology Center, City of and preservation of a facility; ty, Missouri; Havre, Montana for improvements to the

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10949 Montana State University Applied Tech- 590. $250,000 to the City of Troy, North 617. $200,000 for the Minot Area Community nology Center; Carolina for the implementation of an af- Development Foundation, Minot, ND for the 562. $40,000 to the Traveler’s Rest Preserva- fordable housing program; Prairie Community Development Center; tion and Heritage Association, City of Lolo, 591. $250,000 to the Graveyard of the Atlan- 618. $200,000 for the Turtle Mountain Com- Montana for construction of a pedestrian tic Museum, City of Hatteras, North Caro- munity College, Belcourt, ND for the Turtle bridge over Lolo Creek; lina for the construction of the Graveyard of Mountain Community College Vocational 563. $200,000 for the Liberty House Founda- the Atlantic Museum; Educational Center; tion, for construction expenses in Ft. Har- 592. $250,000 to the Inter-Faith Council for 619. $150,000 to Peru State College, Ne- rison, MT; Social Services in Chapel Hill, North Caro- braska for construction of a new technology 564. $350,000 for the Rocky Mountain Devel- lina for construction, renovation, and build building; opment Council, to continue the PenKay Ea- out of facilities; 620. $200,000 to the Boys and Girls Home of gles Manor Renovation in Helena, MT; 593. $200,000 to the Piedmont Environ- Nebraska, Columbus, NE for renovations to 565. $250,000 for the Rocky Boy Reserva- mental Center in High Point, North Carolina the Boys and Girls Home of Nebraska; tion’s utilization of Malmstrom Air Force for renovation and expansion of the Natu- 621. $400,000 to the City of Lincoln, Ne- Base’s excess housing; ralist Education Center; braska for the revitalization of the Antelope 566. $250,000 for the Rocky Mountain Elk 594. $250,000 to the Sparta Teapot Museum, Valley Neighborhood Project; Foundation in Missoula, MT for the infra- North Carolina for construction of the Spar- 622. $250,000 to the Girls and Boys Town structure needs of their new headquarters fa- ta Teapot Museum; USA, Nebraska for the national priorities of cility; 595. $150,000 to the Central Library of Girls and Boys Town USA; 567. $250,000 for the Center for St. Vincent Forsyth County, North Carolina for renova- 623. $100,000 to the Tech Auditorium Res- Healthcare’s Center for Healthy Aging in tion and expansion of the Central Library; toration Committee, City of Omaha, Ne- Billings, MT; 596. $50,000 to the Town of Dobbins Heights, braska for the restoration of Tech Audito- 568. $200,000 for the Child and Family Inter- North Carolina for the redevelopment of rium; vention Center to renovate the Garfield downtown; 624. $100,000 to the University of Nebraska, School Building in Billings, MT; 597. $150,000 to the Town of Zebulon, North Lincoln for the expansion of rural business 569. $200,000 for the Yellowstone Boys and Carolina for land acquisition; enterprise development; Girls Ranch’s Education Facilities Expan- 598. $250,000 to the UNC Asheville Science 625. $100,000 to the Willa Cather Pioneer sion in Billings, MT; and Multimedia Center, City of Asheville, Memorial, City of Red Cloud, Nebraska for 570. $200,000 for the Carter County Muse- North Carolina; for construction of a new renovations to the historic Moon Block um’s Highway to Hell Creek project facilities science and multi-media building; building; expansion in Ekalaka, MT; 599. $150,000 to the Western Carolina Uni- 626. $200,000 to Thurston County, Nebraska 571. $400,000 for the Big Sky Economic De- versity Center for Engineering Technologies, for the renovation of the Thurston County velopment Corporation for acquisition and Town of Cullowhee, North Carolina for inte- Courthouse; rehabilitation for low-income housing in Bil- rior building renovations to the Center for 627. $1,000,000 for Metro Community Col- lings, MT; Engineering Technologies at Western Caro- lege’s Health Careers and Science Building 572. $200,000 for the Missoula Aging Serv- lina University; in the City of Omaha; ices building renovation in Missoula, MT; 600. $200,000 to UDI Community Develop- 628. $200,000 for Thurston County Court- 573. $200,000 to the St. Vincent Center for ment Corporation in Durham, North Caro- house renovation in the City of Pender; 629. $200,000 for the Boys and Girls Home of Healthy Aging for construction in Billings, lina for construction/renovation and build Nebraska’s Columbus Family Resources Cen- MT; out of an industrial park facility; 574. $300,000 to the Daly Mansion Preserva- 601. $400,000 for Renovations to the Core ter in the City of Columbus; 630. $200,000 for the Willa Cather Pioneer tion Trust for the renovation of the Daly Sound Waterfowl Museum in Harkers Island, Memorial and Educational Foundation’s Mansion in Hamilton, MT; NC; Moon Block restoration project in the City 575. $250,000 to CommunityWorks for the 602. $200,000 to the City of Kannapolis, NC of Red Cloud; construction of the ExplorationWorks Mu- for the rehabilitation of the Pillowtex Plant 631. $200,000 for Clarkson College’s Central seum in Helena, MT; 1 site; Student Service Center Facility in the City 576. $200,000 to the Montana Technology 603. $250,000 for New River Community of Omaha; Enterprise Center for the construction of lab Partners, Inc., in Sparta, NC for the Sparta 632. $200,000 for University of Nebraska- facilities in Missoula, MT; Teapot Museum; Lincoln’s Enterprise Development in Rural 577. $250,000 Davidson County Community 604. $200,000 for Catawba Science Museum Nebraska in the City of Lincoln; College, North Carolina for facility and to renovate and expand exhibitions in Hick- 633. $950,000 for a parking facility as part of equipment upgrades; ory, NC; the Joslyn Art Museum Master Plan, in 578. $150,000 to Columbus County, North 605. $200,000 for Military Business Park De- Omaha, Nebraska; Carolina for construction of a center for the velopment in Fayetteville, NC; 634. $100,000 to the Bethlehem Redevelop- Southeast Community College; 606. $250,000 for the City of Wilmington, NC, ment Association, New Hampshire for the 579. $200,000 to DHIC, Inc. in Wake County, for the Downtown Park & Open Space Initia- renovation of Main Street performing arts North Carolina for a revolving loan fund for tive; theater; low-income homebuyers; 607. $250,000 for the City of Fayetteville, 635. $150,000 to the City of Concord, New 580. $200,000 to EmPOWERment, Inc. in NC, for the Military Business Park; Hampshire for site preparation for improve- Chapel Hill, North Carolina for a revolving 608. $250,000 for the City of Asheville, NC, ments to White Park; loan fund for low-income homebuyers; for the Veterans Memorial Restoration; 636. $100,000 to the City of Portsmouth, 581. $150,000 to Gaston County, North Caro- 609. $350,000 to the Dakota Boys and Girls New Hampshire for construction of an envi- lina for technology park expansion; Ranch Residential Facilities in North Da- ronmentally responsible library; 582. $100,000 to Northampton County, North kota for construction and renovation of its 637. $100,000 to the New Hampshire Commu- Carolina for planning, design, and construc- three facilities; nity Technical College for construction of an tion of a community center; 610. $250,000 for the Northwest Ventures academic learning center at the New Hamp- 583. $50,000 to Spring Creek Community Communities, Minot, ND for the construc- shire Community Technical College; Center, Madison County, North Carolina; for tion of the Northwest Career and Technology 638. $225,000 to the Town of Temple, New restoration of an old school building to be Center; Hampshire for restoration of Temple Town used as the Spring Creek Community Center; 611. $200,000 for the United Tribes Tech- Hall; 584. $348,700 to the City of Asheville, North nical College in Bismarck, ND for the con- 639. 450,000 for Families in Transition, Carolina for the renovation of the Asheville struction of family housing; Manchester, New Hampshire for the Mothers Veterans Memorial Stadium; 612. $350,000 for the City of Killdeer, ND to and Children: Staying Together Recovery 585. $150,000 to the City of Durham, North construct a community activity center; Center; Carolina for facilities construction/renova- 613. $400,000 for the City of Rugby, ND to 640. 350,000 for New Hampshire Community tion and streetscape improvements; support construction and other projects Technical College System, Conway, New 586. $150,000 to the City of Fayetteville and within two North Dakota REAP Zones; Hampshire for the Consortium-Based Aca- Cumberland County, North Carolina for the 614. $300,000 for the Dakota Boys and Girls demic Center; development of a business park; Ranch, Minot, ND for facilities at their 641. 200,000 for Gibson Center, Madison, 587. $250,000 to the City of Laurinburg, Minot location; New Hampshire for the preservation of sen- North Carolina for the demolition of an old 615. $350,000 for the UND Center for Innova- ior housing at Silver Lake Landing; hospital; tion Foundation in Grand Forks, ND for the 642. $500,000 for the New Hampshire Com- 588. $250,000 to the City of Monroe, North Ina Mae Rude Entrepreneur Center; munity Loan Fund, manufactured housing Carolina for the renovation of Old Armory 616. $300,000 for the Bismarck-Mandan De- park program for neighborhood revitalization; velopment Association, Bismarck, ND for 643. $200,000 for the Monadnock, NH, Town- 589. $200,000 to the City of Raeford, North the construction of the National Energy ship home owner initiative Carolina for improvements to the Raeford Technology Training and Education Facil- 644. $400,000 for the Derry, NH, Senior Cen- downtown streetscape; ity; ter project

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10950 CONGRESSIONAL RECORD — HOUSE November 18, 2005 645. $600,000 for the Manchester, NH, YWCA 675. $20,000 to the East Central Ministries, 707. $150,000 to Greater Brockport Develop- project City of Albuquerque, New Mexico for the ment Corporation, Monroe County, New 646. $400,000 for the Nashua, NH, Downtown East Central Ministries enterprises program; York for the rehabilitation of historic Riverfront Opportunity Program 676. $350,000 to the Placitas Public Library, Whiteside Barnett and Co. Agricultural 647. $400,000 for the Student Conservation City of Placitas, New Mexico for the con- Works property; Association service center, New Hampshire struction of the Placitas Public Library; 708. $75,000 to Mamaroneck Village, New 648. $400,000 to 2nd Floor Youth Helpline in 677. $200,000 to the Village of Angel Fire in York for a pedestrian streetscape program; Hazlet, New Jersey for construction and ren- New Mexico for construction and develop- 709. $250,000 to Operation Oswego County, ovation of its space; ment of a town square; Oswego County, New York, for the develop- 649. $300,000 to Essex County, New Jersey 678. $500,000 to the YMCA of Albuquerque, ment of Riverview Business Park; for economic development; City of Albuquerque, New Mexico for the 710. $250,000 to Proctor’s Theatre in Sche- 650. $250,000 to Eva’s Kitchen and Shel- construction of the YMCA of Albuquerque; nectady, New York for facility expansion; tering Program in Paterson, New Jersey for 679. $1,130,000 for Presbyterian Medical 711. $250,000 to Prospect Park Alliance in renovation and construction of a homeless Services for their Head Start Facility in Brooklyn, New York for construction of a shelter; Santa Fe, New Mexico; visitor’s center and upgrades to its facilities; 651. $100,000 to Montclair State University, 680. $750,000 for the Albuquerque Mental 712. $350,000 to Shaker Museum and Li- New Jersey for construction of a facility at Health Housing Coalition, Inc. for the ren- brary, Columbia County, New York for res- Montclair State University; ovation of the Support Plaza Apartments in toration of historic Great Stone Barn; 652. $300,000 to Morris County, New Jersey Albuquerque, New Mexico; 713. $150,000 to State University of New for economic development; 681. $620,000 for Eastern New Mexico State York College at Brockport, Monroe County, 653. $150,000 to Oldwick Village, Hunterdon University in Portales, New Mexico for sci- New York for construction of a research and County, New Jersey for improvements to the entific instructional equipment; education center at the State University of Village of Oldwick; 682. $200,000 Otero County, NM, Veteran’s New York College, Brockport; 654. $150,000 to Rutgers University in New Museum Construction; 714. $150,000 to Sunnyside Community Serv- Jersey for land acquisition for Early Child- 683. $350,000 City of Carlsbad, NM, Battered ices in Queens, New York for construction of hood Research Learning Academy; Family Shelter Construction; a senior center; 655. $300,000 to Somerset County, New Jer- 684. $250,000 Helping Hands Food Bank of 715. $150,000 to the 39th Street Recreation sey for economic development; Deming, NM, Construction; Center, New York Department of Parks for 656. $300,000 to Sussex County, New Jersey 685. $350,000 City of Sunland Park, NM, the renovation of a recreation center; for economic development; Community Center Construction; 716. $100,000 to the 86th Street Business Im- 657. $100,000 to the Appel Farm Arts and 686. $250,000 Sandoval County, NM, Commu- provement District, New York for Music Center, City of Elmer, New Jersey for nity Health Alliance, Construction and streetscape improvements; 717. $100,000 to the Adirondack Champlain expansion of Appel Farm Arts and Music Equipment; Fiber Network (ACFN), City of Plattsburgh, Center; 687. $200,000 City of Portales, NM, Rehabili- New York for the construction of Adiron- 658. $90,000 to the Center for Community tation of the Yam Movie Palace; Arts, City of Cape May, New Jersey for reha- 688. $100,000 to Nevada’s Center for Entre- dack Champlain Fiber Network; 718. $200,000 to the Alfred State College, bilitation of a community arts center; preneurship & Technology in Carson, Nevada City of Alfred, New York for construction of 659. $150,000 to the City of Atlantic City, for expansion of the center; a facility at Alfred State College; New Jersey for the development of a manu- 689. $150,000 to Nye County, Nevada for the 719. $200,000 to the Arts Guild of Old Forge, facturers business park; development of multifunctional recreational New York for renovations; 660. $150,000 to the City of Bridgeton, New facilities; 720. $250,000 to the Bardavon 1869 Opera Jersey for the revitalization of Southeast 690. $500,000 to the City of Henderson, Ne- House, Inc. in Poughkeepsie, New York for Gateway Neighborhood; vada for improvements and building renova- improvements to the Bardavon Opera House; 661. $350,000 to the City of East Orange, tions; 721. $150,000 to the Beth Gavriel Bukharian New Jersey for upgrades and improvements 691. $150,000 to the City of North Las Vegas, Congregation in Queens, New York for plan- to recreation fields; Nevada for construction of a recreation cen- ning, design, and construction of a building 662. $600,000 to the City of Perth Amboy, ter; expansion to serve the Bukharian and Rus- New Jersey for rehabilitation and construc- 692. $350,000 to the WestCare Foundation, sian populations; tion of the Jewish Renaissance Medical Cen- City of Las Vegas, Nevada for improvements 722. $550,000 to the Boricua College in New ter; to WestCare; York, New York for renovation of the Audu- 663. $50,000 to the Martin House Transi- 693. $300,000 for the Pahrump Senior Cen- bon Terrace Building; tional Housing Program, City of Trenton, ter, Pahrump NV, for senior transportation; 723. $250,000 to the Breast Cancer Help, Inc, New Jersey for the completion of the Martin 694. $500,000 for the Nathan Adelson Hos- City of Lindenhurst, New York for construc- House Transitional Housing Program; pice, Henderson, NV, for an adult day care tion of a center for Breast Cancer Help, Inc; 664. $250,000 to the Monroe Township in center; 724. $250,000 to the Burchfield-Penney Art Middlesex County, New Jersey for the devel- 695. $200,000 for the Ridge House, Reno, NV, Center in Buffalo, New York for the con- opment of recreation facilities; for the purchase or acquisition of facilities struction of an art museum; 665. $250,000 to the School for Children with for the Reentry Resource Center; 725. $250,000 to the Catskill Mountain Foun- Hidden Intelligence, City of Lakewood, New 696. $500,000 for the University of Nevada- dation, City of Hunter, New York for renova- Jersey for the construction of a new building Reno to provide a Small Business Develop- tions of the Orpheum Theatre and renova- for the School for Children with Hidden In- ment Center; tions of the Sugar Maples Center for the telligence; 697. $500,000 for the City of Las Vegas, Ne- Arts; 666. $200,000 to the Viking Village, City of vada for the renovation of the Old Post Of- 726. $450,000 to the City College of New Barnegat Light, New Jersey for renovations fice; York for the planning, design, and construc- to historic structures; 698. $350,000 for the City of Reno, Nevada to tion of the Center for Public Service; 667. $100,000 to the Westfield YMCA, New provide Fourth St. Corridor Enhancements; 727. $100,000 to the City of Geneva, New Jersey for the renovation of the new East 699. $300,000 for the City of Pahrump/Nye York for construction of community recre- Board Street YMCA; County, Nevada Fairgrounds Project; ation center; 668. $350,000 to West Milford Township, New 700. $500,000 for Wadsworth, Nevada to pro- 728. $100,000 to the City of Rome, New York Jersey for public commercial improvements; vide a Community Center; for the construction of a community recre- 669. $250,000 for the City of Pleasantville, 701. $200,000 for the City of Sparks, Nevada ation center; NJ for the construction and renovation of for the Deer Park Facility Renovation 729. $250,000 to the Elmira College, City of the Pleasantville Marina; Project; Elmira, New York for the restoration of 670. $200,000 for the City of Paterson, NJ for 702. $250,000 for the City of Reno, Nevada to Cowles Hall on the Elmira College; the design and renovation of the Silk City provide a Food Bank of Northern Nevada Re- 730. $200,000 to the Federation of Italian- Senior Nutrition Center; gional Distribution Facility Project; American Organization in Brooklyn, New 671. $200,000 for the St. Joseph’s School of 703. $350,000 to Amherst Chamber of Com- York for facility upgrades; the Blind in Jersey City, NJ for the con- merce Inc., Erie County, New York for the 731. $250,000 to the Houghton College, City struction of a new facility; Suburban Solutions Center; of Houghton, New York for the rehabilita- 672. $300,000 for the Rutgers-Camden Busi- 704. $150,000 to Elmcor Youth and Adult Ac- tion of Paine Science Center at Houghton ness Incubator, Camden, NJ for the expan- tivities in Queens, New York for renovation College; sion of the business incubator; of economic development facilities; 732. $150,000 to the Huntington Economic 673. $250,000 to the City of Belen, New Mex- 705. $400,000 to Fordham University in Development Corporation in Huntington, ico for construction of a multipurpose com- Bronx, New York for the construction of a New York for planning and design of a public munity center; multipurpose center; plaza; 674. $150,000 to the City of Carlsbad, New 706. $150,000 to Genesee Country Village & 733. $550,000 to the Lutheran Medical Cen- Mexico for construction of the Carlsbad Bat- Museum, Monroe County, New York for con- ter in Brooklyn, New York for renovation tered Family Shelter; struction of education center classrooms; and capital improvements;

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10951 734. $200,000 to the Mary Mitchell Family 762. $200,000 to SUNY Plattsburgh, NY for of Springfield, Ohio for the expansion of Ap- and Youth Center in Bronx, New York for the expansion of the Adirondack-Champlain plied Research Technology Park (ARTP) in the construction of a multipurpose center; Community Fiber Network; Springfield; 735. $150,000 to the Museum of the Moving 763. $250,000 to the El Museo del Barrio in 793. $250,000 to the St. Mary Development Image in Queens, New York for facility ex- New York City, NY for capital improve- Corporation, City of Dayton, Ohio for street pansion; ments; infrastructure and parking facility improve- 736. $250,000 to the Neighborhood Initiative, 764. $200,000 to the Central New York Com- ments; City of Syracuse, New York for the continu- munity Arts Council of Utica, NY for the ex- 794. $300,000 to the Main Street Business ation of the Neighborhood Initiative Pro- pansion of the Stanley Theater; Association, Inc., City of Columbus, Ohio for gram; 765. $200,000 to the City of Canandaigua, NY mixed-use commercial and residential facili- 737. $100,000 to the NI—Metropolitan Devel- for the construction of a regional tourism ties; opment Association, City of Syracuse, New center; 795. $250,000 to the Marsh Foundation in York for the Essential New York Initiative; 766. $200,000 for the Graduate College of Van Wert, Ohio for renovations to a facility; 738. $100,000 to the North Country Chil- Union University, Schenectady, NY to estab- 796. $750,000 to the Thousand Hills Enter- dren’s Clinic, City of Watertown, New York lish a freestanding campus; prises, LLC, City of Canton, Ohio for con- for renovations to North Country Children’s 767. $200,000 for the Robert H. Jackson Cen- struction of a Community Youth/Recreation Clinic; ter, Jamestown, NY for auditorium restora- Activity Center; 739. $150,000 to the Northwest Family tion; 797. $400,000 to the Towpath Trail YMCA YMCA, Camp Northpoint, City of Rochester, 768. $200,000 for the Griffiss Local Develop- Community Center, City of Navarre, Ohio for New York for construction to the Northwest ment Corporation, Rome, NY for develop- construction of a library for the Towpath Family YMCA, Camp Northpoint; ment of a multi-tenant technology office Trail YMCA Community Center; 740. $375,000 to the Old Fort Niagara Gate- complex; 798. $100,000 to the University of Dayton, way to History in Porter, New York for reha- 769. $200,000 for the Nassau County Museum City of Dayton, Ohio for redevelopment of bilitation of a visitor’s center, and $375,000 to of Art, Roslyn Harbor, NY for building res- Brown and Stewart Street properties at the Buffalo Economic Renaissance Corporation toration; University of Dayton; for infrastructure improvements in Central 770. $200,000 for the Veterans Outreach Cen- 799. $150,000 to the Urban League of Greater Plaza Park; ter, Rochester, NY for renovation and expan- Cleveland, Ohio for a multicultural business 741. $400,000 to the Orange County Commu- sion of employment and training facilities; development center; nity College in Middletown, New York for 771. $100,000 to Carroll County, Ohio for the 800. $200,000 to the Youngstown Ohio Asso- construction of a new building; development of a community center; ciated Neighborhood Center in Youngstown, 742. $75,000 to the Pregones Theater in 772. $250,000 to Columbiana County, Ohio Ohio for upgrades to the McGuffey Center; Bronx, New York for renovation of its facil- for construction of a new community serv- 801. $200,000 for the City of Canton, Ohio for ity; ices building; the New Horizons Park land and site acquisi- 743. $75,000 to the Queens Borough Chil- 773. $200,000 to Connecting Point, Inc. in tion, demolition, or facilities construction; dren’s Discovery Center, New York City, Toledo, Ohio for facility construction; 802. $200,000 for Wright Dunbar, Inc., Day- New York for the construction of a chil- 774. $200,000 to Ross County, Ohio for devel- ton, Ohio, to construct the Gateway to Paul dren’s discovery center; opment of an industrial park; Laurence Dunbar Memorial; 744. $300,000 to the Sephardic Community 775. $250,000 to Starr Commonwealth in Van 803. $200,000 for Daybreak, Inc., Dayton, Center, New York for building additions and Wert, Ohio for the renovation of a facility; Ohio, for the Daybreak Opportunity House improvements; 776. $150,000 to the Champaign County Pres- land and site acquisition, demolition, site 745. $158,000 to the Sugar Hill Industrial ervation Alliance, City of Urbana, Ohio for preparation and facilities construction; Park, City of Alfred, New York for construc- the revitalization of Champaign County her- 804. $200,000 for Catholic Charities Services tion of the Sugar Hill Industrial Park; itage sites; Corporation, Parma, Ohio, for Parmadale’s 746. $100,000 to the Town and Village of 777. $100,000 to the Cincinnati Young People land and site acquisition, demolition, site Fort Ann, New York for construction of the Theater, Ohio for the renovation of Covedale preparation and facilities construction; Adirondack Golden Goal complex; Center for Performing Arts; 805. $100,000 for Cornerstone of Hope, Inde- 747. $250,000 to the Town of Babylon 9/11 778. $100,000 to the City of St. Clairsville, pendence, OH, to build a facility; 806. $300,000 for The Preston Fund for SMA Hometown Memorial Foundation, City of Ohio for the renovation of the Clarendon Research, Beachwood, Ohio, for the construc- Babylon, New York for construction of 9/11 Hotel; Education Center; 779. $350,000 to the City of Cincinnati, Ohio tion and development of Preston’s H.O.P.E.; 807. $300,000 for the Defiance County Senior 748. $200,000 to the Town of Brookhaven, for the construction of community education Service Center, Defiance, Ohio, for construc- Farmingville, New York for demolition and center on grounds of fire training facility; construction of a new Senior Citizens 780. $250,000 to the City of Green, Ohio for tion; 808. $250,000 for the Ukrainian Museum-Ar- Wellness Center; the purchase of Southgate Farm; chives, Cleveland, Ohio, for Phase II Devel- 749. $75,000 to the Town of Eastchester, 781. $100,000 to the City of Lima, Ohio for opment and construction; New York for construction of a youth center; improvements to riverwalk; 809. $250,000 for The Scioto Society, Inc., 750. $100,000 to the Town of Lenox, New 782. $150,000 to the City of Lorain, Ohio for Chillicothe, Ohio for the ‘‘Tecumseh!’’ Cap- York for construction of WWI Memorial; planning, design, demolition, and redevelop- 751. $150,000 to the Town of North Hemp- ital Improvement Project; ment of Broadway Avenue; stead, New York for construction and revi- 810. $270,000 for the Lorain County Commu- 783. $175,000 to the City of Springfield, Ohio talization in New Cassel; nity College Great Lakes Business Growth for demolition of a property to be used for a 752. $100,000 to the Town of Ripley, New and Development Center; new hospital; York for land acquisition; 811. $200,000 for the City of Jackson’s Day 753. $250,000 to the Utica Public Library, 784. $200,000 to the City of St. Marys, Ohio Care Center; New York for the replacement of windows at for renovations to the historic Glass Block; 812. $260,000 for Wilberforce University 785. $100,000 to the City of Toledo, Ohio for the Utica Public Library; Ohio Private Historically Black University 754. $75,000 to the Village of Elmsford, New the construction of Ice-Skating Rinks in Residence Hall Project; York for construction of a new senior center; City Parks; 813. $270,000 for the Solid Waste Authority 755. $75,000 to the Village of Pleasantville, 786. $650,000 to the Community Properties of Central Ohio (SWACO) Pyramid Resource New York for a pedestrian streetscape pro- of Ohio, City of Columbus, Ohio for the Cam- Center; gram; pus Partners Neighborhood Initiative; 814. $300,000 to the City of Pawnee, Okla- 756. $200,000 to the Village of Tuckahoe, 787. $200,000 to the Depression and Bipolar homa for the renovation of the Buffalo The- New York for streetscape improvements in Support Alliance in Toledo, Ohio for facility ater; the Crestwood section; construction; 815. $250,000 to the Rural Enterprises of 757. $100,000 to the YMCA at Glen Cove, 788. $200,000 to the Hocking Athens Perry Oklahoma, Inc., City of Durant, Oklahoma City of Glen Cove, New York for construc- Community Action, City of Glouster, Ohio for an employer assisted housing initiative; tion of children’s center for the YMCA at for renovations to the Ohio Department of 816. $100,000 to the Tulsa Family and Chil- Glen Cove; Corrections Facility; dren’s Services, City of Tulsa, Oklahoma for 758. $100,000 to Utica College, New York for 789. $75,000 to the Ohio Glass Museum, City the renovation of a facility to establish a the construction and expansion of nursing of Lancaster, Ohio for the renovation of a one-stop youth and family service center; laboratory; building for the glass-blowing museum; 817. $100,000 to the Youth and Family Serv- 759. $500,000 to Warren County Economic 790. $295,000 to the Ohio Historical Society, ices, Inc., City of El Reno, Oklahoma for the Development Corporation, Warren County, City of Peebles, Ohio for improvements to construction of a facility for Youth and New York for facilities construction at the Serpent Mound State Memorial Visitor Family Services; North Creek Ski Bowl; Facility; 818. $220,000 for the City of Ardmore, OK, to 760. $200,000 to the YWCA of Niagara, NY 791. $200,000 to the Ohio Wesleyan Univer- construct the Ardmore Community Resource for the computer lab expansion; sity, City of Delaware, Ohio for renovations Center; 761. $250,000 to Alianza Dominicana of New to the Stand Theater; 819. $220,000 for Norman Economic Develop- York City, NY for expansion of the Triangle 792. $1,000,000 to the Springfield-Clark ment Corporation, Norman, OK, to construct building; County Community Improvement Corp, City an engineering incubator;

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10952 CONGRESSIONAL RECORD — HOUSE November 18, 2005 820. $200,000 for the City of Ponca City, OK, 847. $100,000 to the Allentown Art Museum, sylvania for parking improvements to the to construct a museum building and infor- Pennsylvania for expansion of the museum; business district; mation center for the statue of Ponca Chief 848. $200,000 to the Berks County Commu- 874. $150,000 to the Jewish Community Cen- Standing Bear; nity Foundation, Pennsylvania for a Com- ter of Greater Philadelphia, Pennsylvania for 821. $220,000 for the United States-Mexico petitive Greater Reading Initiative; facilities construction and improvements; Cultural Education Foundation to establish 849. $200,000 to the Borough of Mahonoy 875. $100,000 to the Lehigh County Histor- the Center for North American Sustainable City, Pennsylvania for improvements to ical Society, Pennsylvania for the construc- Economic Development at the University of West Market Street; tion of a center for LeHigh Valley Heritage; Oklahoma, Norman, OK; 850. $250,000 to the Boys and Girls Club of 876. $10,000 to the Marysville Borough 822. $220,000 for the Native American Cul- Lancaster, Inc., City of Lancaster, Pennsyl- Council, City of Marysville, Pennsylvania for tural Center and Museum, Oklahoma City, vania for construction of the Columbia Club- enhancements to a public playground; OK, for construction of the American Indian house for the Boys and Girls Club of Lan- 877. $100,000 to the Oil Creek Railway His- Cultural Center; caster; toric Caboose Project, City of Oil City, Penn- 823. $200,000 for the City of Midwest City, 851. $200,000 to the Brookville YMCA, City sylvania for upgrades to the Oil Creek Rail- OK to construct a community outreach cen- of Bradford, Pennsylvania for construction way Historic Caboose; ter; of an aquatic area at Brookville YMCA; 878. $200,000 to the Pennsylvania Lumber 824. $150,000 to the Portland Center Stage 852. $200,000 to the Bucks County Planning Museum, City of Galeton, Pennsylvania for Armory Theater in Portland, Oregon for ren- Commission, Pennsylvania for the construc- the expansion of the museum’s visitor cen- ovations and upgrades to its facility; tion of a community center for Freedom ter; 825. $150,000 to the Portland Development Neighborhood; 879. $200,000 to the Sawmill Center for the Commission in Portland, Oregon for urban 853. $100,000 to the Carroll Park Neighbors Arts, City of Clarion, Pennsylvania for im- revitalization of the South Waterfront Dis- Advisory Council in Philadelphia, Pennsyl- provements to Sawmill Center for the Arts; trict; vania for facility renovations and upgrades; 880. $15,000 to the Toboyne Township, City 826. $300,000 to the Richard E. Wildish Com- 854. $250,000 to the Chartiers West Council of Blaine, Pennsylvania for renovations to munity Theater in Springfield, Oregon for of Governments, City of Carnegie, Pennsyl- the baseball park in Toboyne Township; the completion of construction of its’ facil- vania for infrastructure improvements; 881. $250,000 to the YWCA of Chester, City ity; 855. $400,000 to the City of Johnstown, of Chester, Pennsylvania for improving the 827. $200,000 to the Salem Urban Renewal Pennsylvania for construction and improve- YWCA of Chester; Agency in Salem, Oregon for rehabilitation ments to the convention center; 882. $200,000 to Waynesburg College Center, of downtown Salem; 856. $250,000 to the City of Monroeville, Greene County, Pennsylvania for a center for 828. $200,000 for the City of Lakeview, Or- Pennsylvania for construction of a new cen- economic development; egon to develop geothermal resources; ter and park for Monroeville Community 883. $200,000 YMCA of Carbondale, Lacka- 829. $200,000 for Marion-Polk Food Share in Center; wanna County, PA for construction of a new Salem, Oregon to improve and renovate an 857. $300,000 to the City of Philadelphia, facility for the YMCA of Carbondale; emergency food distribution center; Pennsylvania for streetscape of the vendors 884. $200,000 for the City of Carbondale, 830. $200,000 for the City of Pendleton, Or- mall; Pennsylvania for the South Main Street Eco- egon to improve and renovate round-up fa- 858. $250,000 to the City of Sunbury, Penn- nomic Development Initiative which is de- cilities; sylvania for construction of an amphitheater signed to reduce blight along the City’s Main 831. $500,000 for construction of an edu- complex for the Susquehanna Riverfront; Street Corridor. cation building at the Blue Mountain Com- 859. $150,000 to the City of York, Pennsyl- 885. $200,000 for the Redevelopment Author- munity College’s Northeastern Oregon Col- vania for improvements to streetscapes; ity of the City of Corry to acquire a laborative University Center, Hermiston, Or- 860. $200,000 to the Clearfield YMCA, City brownfield site in downtown Corry, Pennsyl- egon; of Clearfield, Pennsylvania for improve- vania. 832. $250,000 for construction of the Down- ments to the Clearfield YMCA; 886. $200,000 for Weatherly Borough, Penn- town/Riverfront Access Project by the City 861. $60,000 to the Coal Country Hang-out sylvania to acquire and redevelop the Lehigh of The Dalles for the Port of The Dalles, Or- Youth Center, City of Cambria, Pennsyl- Valley Railroad Shops and Weatherly Steel egon; vania for construction of a playground facil- Plant complex in the heart of Weatherly, 833. $200,000 for construction of a Teen Ac- ity for Coal Country Hang-out Youth Center; PA. tivity Center at the Santo Community Cen- 862. $200,000 to the Corry Redevelopment 887. $200,000 for Indiana County, Pennsyl- ter in Medford, Oregon; Authority, Pennsylvania for the redevelop- vania to acquire the Wayne Avenue Property 834. $200,000 SAFE Inc. New Hope Farm, ment of the former Cooper Ajax facility; in Indiana. Tunkhannock, Wyoming Co, PA for con- 863. $100,000 to the Da Vinci Discovery Cen- 888. $200,000 for Armstrong County, Penn- struction of a community facility for autis- ter of Science & Technology, Pennsylvania sylvania for remediation and infrastructure tic children; for the construction of a new facility for development on a 14.2 acre of brownfield 835. $200,000 to Armstrong County, Pennsyl- science and technology; property in Apollo Borough. vania for rebuilding the Belmont Complex; 864. $100,000 to the Delaware County Com- 889. $200,000 for Perry County, Pennsyl- 836. $500,000 to Bradford County Progress munity College, City of Media, Pennsylvania vania to develop an industrial park in New Authority, Bradford County, Pennsylvania for technology infrastructure at the Dela- Bloomfield. for the construction of two business parks; ware County Community College; 890. $200,000 for People for People, Inc. for 837. $250,000 to Cabrini College, Pennsyl- 865. $100,000 to the Downtown Chambers- planning and project development efforts for vania for expansion of a community center; burg Inc, City of Chambersburg, Pennsyl- the Triangle redevelopment projects. 838. $150,000 to Carbon County, Pennsyl- vania for renovations to the Capitol Theater; 891. $200,000 for the Southwestern Pennsyl- vania for land acquisition, facilities renova- 866. $25,000 to the Fermanagh Township, vania Commission, to develop the Alta Vista tion, and demolition; Juniata County, City of Mifflintown, Penn- Business Park, a mixed-use business park on 839. $200,000 to Greene County, Pennsyl- sylvania for the development of a playground a former strip mine site adjacent to I–70, in vania for revitalization of recreational facili- facility; Washington County, Pennsylvania. ties; 867. $100,000 to the Gettysburg Borough, 892. $300,000 for the Allegheny County Air- 840. $100,000 to Gwen’s Girls, Inc. in Pitts- Pennsylvania for the renovation of Gettys- port Authority in Allegheny County, Penn- burgh, Pennsylvania for construction of a burg Railway Station as a visitor’s center; sylvania for site preparation and construc- residential facility; 868. $150,000 to the Greenville Area Eco- tion of its North Field Development project; 841. $100,000 to KidsPeace, Pennsylvania for nomic Development Corporation, Pennsyl- 893. $200,000 for Gaudenzia, Inc. in Norris- the renovation to the Broadway Campus; vania for the reconstruction of streetscapes; town, Pennsylvania to renovate and expand 842. $47,000 to Liverpool Township, Perry 869. $50,000 to the Hollidaysburg YMCA, its residential facilities; County, Pennsylvania for expansion of the City of Hollidaysburg, Pennsylvania for the 894. $200,000 for Our City Reading in Read- community pool in Liverpool Township; renovations to the YMCA in Hollidaysburg; ing, Pennsylvania to rehabilitate abandoned 843. $750,000 to Lower Makefield Township, 870. $50,000 to the Homer City School Dis- houses and provide down payment assistance Pennsylvania for construction of the Lower trict, City of Homer, Pennsylvania for con- to home buyers; Makefield 9/11 Memorial Garden; struction of a new athletic facility; 895. $200,000 for the City of Lancaster, 844. $150,000 to North Central Triangle Re- 871. $1,500,000 to the Indiana University, In- Pennsylvania for the revitalization and con- vitalization in Philadelphia, Pennsylvania diana, Pennsylvania for the development and struction of Lancaster Square; for planning and design of the Triangle Revi- construction of a Regional Development 896. $200,000 for the Greater Wilkes-Barre talization project; Center; Chamber of Business and Industry in Wilkes- 845. $200,000 to Pine Forge Academy, Penn- 872. $1,500,000 to the Indiana University, In- Barre, Pennsylvania for acquisition, plan- sylvania for construction of a student cen- diana, Pennsylvania for the construction of a ning, and redevelopment of the historic Irem ter; multiuse training facility in Indiana, Penn- Temple; 846. $100,000 to Point Breeze Performing sylvania; 897. $200,000 for the Greene County Depart- Arts Center in Philadelphia, Pennsylvania 873. $250,000 to the Jeanette Downtown Re- ment of Planning and Economic Develop- for renovations and upgrades of its facility; development Project, City of Jeanette, Penn- ment in Greene County, Pennsylvania for

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10953 construction and site development of a 923. $1,000,000 Engenuity South Carolina in 948. $400,000 to the Boys and Girls Club of multi-phased business park on the grounds of the City of Columbia for the National Insti- Brookings, SD for Facilities Expansion; the Greene County Airport; tute of Hydrogen Commercialization; 948. $200,000 to the Children’s Home Society 898. $200,000 for Impact Services Corpora- 924. $100,000 to Georgetown County, South of Sioux Falls, SD for At-Risk Youth Facili- tion in Philadelphia, Pennsylvania to ren- Carolina for construction of the Choppee Re- ties Expansion; ovate, redevelop, and convert an existing gional Resource Center; 949. $200,000 to the City of North Sioux building into low-income housing units; 925. $400,000 to Greenwood Partnership Alli- City, SD for Community Library Expansion; 899. $200,000 for the Shippensburg Univer- ance, South Carolina for the renovation of 950. $200,000 to the Mammoth Site of Hot sity Foundation in Shippensburg, Pennsyl- Old Federal Courthouse; Springs, SD for the Theater and Lecture Hall vania for construction of Phase III of the 926. $60,000 to Laurens County, South Caro- Project; 951. $200,000 to the Wakpa Sica Historical Shippensburg Regional Conference Center; lina for the Hunter Industrial Park improve- Society of Fort Pierre, SD for the Wakpa 900. $200,000 for the Partnership CDC in ments; Sica Reconciliation Place; 927. $250,000 to Lee County, South Carolina Philadelphia, Pennsylvania for acquisition, 952. $200,000 to the Rapid City Area Eco- renovation and rehabilitation of affordable for construction of a county recreation cen- nomic Development Partnership of Rapid housing for moderate- and low-income fami- ter; City, SD for the Technology Transfer and lies; 928. $150,000 to Marion County, South Caro- Entrepreneur Center Project; 901. $200,000 for the Allentown Art Museum lina for constructing of an outdoor wellness 953. $200,000 to Miner County Revitaliza- in Allentown, Pennsylvania to expand and facility; tion of Howard, SD for the Rural Learning modernize its facilities; 929. $125,000 to the Bible Way Community Center Project; 902. $200,000 for the Pittsburgh Zoo in Development Corporation, Columbia, South 954. $100,000 to Clay County, Tennessee for Pittsburgh, Pennsylvania for the planning, Carolina for construction of a multipurpose renovation of the Clay County Senior Citi- site development, and construction of Phase facility; zens Center; I of its expansion project; 930. $100,000 to the Boys and Girls Club of 955. $100,000 to Cleveland Bradley County 903. $200,000 for Universal Community the Pee Dee in Florence, South Carolina for Incubator Bradley County, Tennessee for Homes in Philadelphia, Pennsylvania for renovation and expansion of Florence and construction of a facility to house small conversion of parcels of land into housing Sumter facilities; business development; units for low- and moderate-income families; 931. $300,000 to the City of Lancaster, South 956. $150,000 to Hamilton County Center for 904. $150,000 to the Commission of Puerto Carolina for renovation of the ‘‘Hope on the Entrepreneurial Growth, Hamilton County, Rico, Office of Youth affairs for the con- Hill’’ adult education and after school cen- Tennessee for technology improvements to struction of a youth center; ter; the Hamilton County Center for Entrepre- 905. $250,000 to the Sports and Recreation 932. $300,000 to the City of Walterboro, neurial Growth; Authority of the Community, Puerto Rico South Carolina for construction of Great 957. $250,000 to The Appalachia Service for construction of a little league baseball Swamp Sanctuary Discovery Center and as- Project, Johnson City, Tennessee for con- park at Old Ramey Air Force Base; sociated streetscape; struction materials for expansion; 906. $200,000 to the City of Central Falls, 933. $500,000 to the Clemson University 958. $250,000 to Knox County, Tennessee for Rhode Island for construction and renova- International Center for Automotive Re- the construction of a senior center; tion of parks facilities; search, City of Greenville, South Carolina 959. $100,000 to Loudon County Senior Cen- 907. $150,000 to the Providence YMCA in for the development of Clemson University ter, Tennessee to complete construction of a Providence, Rhode Island for the construc- International Center for Automotive Re- senior center; tion of a multipurpose center; search; 960. $500,000 to Southeast Local Develop- 908. $200,000 to the Town of North Smith- 934. $200,000 to the National Council of ment Corporation, Polk County, Tennessee field, Rhode Island for economic develop- Negro Women, Inc. in Bishopville, South for the construction of community projects; 961. $100,000 to the City of Gallatin, Ten- ment initiatives focused on technology im- Carolina for construction of the Dr. Mary nessee for construction of facilities; provements; McLeod Bethune Memorial Park; 962. $200,000 to the Cumberland County 909. $350,000 for the Cranston Public Li- 935. $200,000 to the Paxville Community De- Playhouse in Crossville, Tennessee for facil- brary in Cranston, Rhode Island for building velopment Center in Paxville, South Caro- ity renovations; renovations; lina for the construction of a multipurpose 963. $150,000 to the Second Harvest Food 910. $250,000 for Jamiel Park in Warren, center; Bank in Middle, Tennessee for facilities ren- Rhode Island for facility improvements; 936. $50,000 to the Progressive Club in ovation and build out; 911. $200,000 for the Town of West Warwick, John’s Island, South Carolina for renovation 964. $150,000 to the Second Harvest Food Rhode Island for the development and con- of a multi-purpose building; Bank in Nashville, Tennessee for facilities struction of a river walk; 937. $100,000 to the South Carolina School renovation and equipment; 912. $200,000 for Meeting Street School in for the Deaf and the Blind, City of 965. $50,000 to the Second Harvest Food Providence, Rhode Island for the construc- Spartanburg, South Carolina for the expan- Bank of Northeast Tennessee for renovations tion of the Bright Futures Early Learning sion of dormitories and classrooms at the to the storage warehouse; Center; South Carolina School for the Deaf and the 966. $150,000 to the Southwest Tennessee 913. $200,000 for Sexual Assault and Trauma Blind; Community College in Memphis, Tennessee Resource Center in Providence, Rhode Island 938. $400,000 to the Spirit of South Carolina for construction of a teaching facility; for building acquisition and renovations; for construction completion; 967. $100,000 to the Tech 2020 East TN 914. $200,000 for the Pastime Theatre in 939. $100,000 to the Town of St. Stephens, Nanoscience Initiative, City of Oak Ridge, Bristol, Rhode Island for building improve- South Carolina for renovation of the Berke- Tennessee for the nanoscience research ini- ments; ley Senior Center; tiative for Tech 2020; 915. $200,000 for Family Service of Rhode Is- 940. $75,000 to the Williamsburg County 968. $100,000 to the Tennessee River Mu- land in Providence, Rhode Island for building Boys and Girls Club in Hemingway, South seum, Tennessee for the expansion of the purchase and renovations; Carolina for expansion and upgrading of fa- Tennessee River Museum; 916. $200,000 for St. Mary’s Home for Chil- cilities; 969. $750,000 for the City of Clinton, Ten- dren in North Providence, Rhode Island for 941. $280,000 for the South Carolina School nessee to renovate the Green McAdoo Cul- building renovations; for the Deaf and Blind in Spartanburg, SC tural Center; 970. $400,000 for the Second Harvest Food 917. $200,000 for Stand Up for Animals in for dormitory renovation; Bank of Middle Tennessee in Nashville, Ten- Westerly, Rhode Island for building con- 942. $220,000 for Crisis Ministries Homeless nessee for the expansion of its distribution struction; Shelter in Charleston, SC for facilities ren- center; 918. $300,000 for the acquisition and renova- ovation; 971. $300,000 for the Chattanooga African tion of the Seniors Helping Others volunteer 943. $100,000 to the Children’s Home Society American Chamber of Commerce, Tennessee center in South Kingstown, RI; of South Dakota in Sioux Falls, South Da- to construct the Martin Luther King Busi- 919. $300,000 for the expansion and renova- kota for construction of facilities; ness Solutions Center; tion of the Pawtucket Day Child Develop- 944. $100,000 to the City of Aberdeen, South 972. $600,000 for the Carroll County Water- ment Center, Pawtucket, RI; Dakota for renovations to the Aberdeen shed Authority in Carroll County, Tennessee 920. $300,000 for the renovation and expan- Recreation and Cultural Center; for land acquisition; sion of the John E. Fogarty Center to pro- 945. $150,000 to Wakpa Sica Reconciliation 973. $200,000 for the Big South Fork Visi- vide services and programs for children and Place in Ft. Pierre, South Dakota for con- tors Center in Cumberland County, Ten- adults with disabilities, North Providence, struction of the Wakpa Sica Reconciliation nessee to develop new visitors facilities; RI; Place; 974. $500,000 for Technology 2020 in Oak 921. $200,000 for the City of Woonsocket, RI 946. $250,000 for the City of Aberdeen, South Ridge, Tennessee to support the East Ten- for the redevelopment of the Hamlet Avenue Dakota to construct a Recreation and Cul- nessee Nanotechnology Initiative; Mill site; tural Center; 975. $250,000 for Smith County, Tennessee 922. $200,000 to provide for equipment and 947. $250,000 for the Children’s Home Soci- for construction and infrastructure improve- construction of the Arlington Branch of the ety in Sioux Falls to expand its at- risk ments to the Health, Senior, and Education Cranston Public Library, Cranston, RI; youth facility; complex;

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10954 CONGRESSIONAL RECORD — HOUSE November 18, 2005 976. $320,000 to Cameron County, Texas for 1007. $200,000 to the City of Dallas, Texas for construction of a technology building at construction of a Boys and Girls Club in for the Dallas Fair Park Commercial Dis- the Northern Virginia Community College; Santa Rosa, Texas; trict; 1036. $100,000 to The Prizery in South Bos- 977. $150,000 to Harris County, Texas for the 1008. $300,000 to the City of Lufkin, Texas ton, Virginia for restoration to the commu- development of an economic development for the convention center initiative; nity arts center; plan; 1009. $200,000 for the Los Fresnos Texas 1037. $250,000 to the Southwestern Virginia 978. $150,000 to Harris County, Texas for the Boys and Girls Club, Los Fresnos, TX for Food Bank in Roanoke, Virginia for renova- construction of a senior education center; planning, design and facility construction; tions to the food bank; 979. $250,000 to the Alabama-Coushatta 1010. $200,000 to Sandy City, Utah for 1038. $75,000 to the Town of Boydton, Vir- Tribe of Texas for facility improvements; streetscape improvements and revitalization ginia for revitalization projects in the cen- 980. $500,000 to the Arlington Chamber of efforts; tral business district; Commerce, Texas for construction of an en- 1011. $250,000 to the City of Riverton, Utah 1039. $50,000 to the Town of Charlotte Court trepreneur center; for the construction of Nature Center; House, Virginia for the revitalization of the 981. $150,000 to the Children’s Museum of 1012. $250,000 to the City of Riverton, Utah historic Charlotte Court House; Houston, Texas for construction of an annex for the reconstruction of Old Dome Meeting 1040. $200,000 to the Town of Vienna, Vir- to a Children’s Museum; Hall; ginia for the Green Project; 982. $250,000 to the City of Abilene, Texas 1013. $150,000 to the College of Eastern Utah 1041. $250,000 to the USS Monitor Center at for construction of a new hangar at Abilene in Blanding, Utah for construction of a The Mariners’ Museum, Virginia for the res- Regional Airport; building on its campus; toration of USS Monitor artifacts; 983. $500,000 to the City of Cleburne, Texas 1014. $600,000 for the City of Provo, Utah to 1042. $150,000 to the Virginia Historical So- for construction of a new East Cleburne build the Provo Community Arts Center in ciety for construction and renovations; Community Center; the City of Provo; 1043. $200,000 to the Virginia Holocaust Mu- 984. $150,000 to the City of Dallas, Texas for 1015. $200,000 for the City of Hyrum, Utah seum for construction and renovations to the planning and design of an Afro-Centric cul- to build the Hyrum Library and Museum museum; tural district; Complex in the City of Hyrum; 1044. $150,000 to the Virginia Museum of 985. $650,000 to the City of Fort Worth, 1016. $1,000,000 for Sandy City, Utah, for the Fine Arts for facility expansion; Texas for construction of the Trinity River revitalization of the city’s original historic 1045. $300,000 to the Virginia Performing Vision; district; Arts Foundation for the construction of an 986. $350,000 to the City of Fort Worth, 1017. $1,200,000 for the City of Blanding’s education center; Texas for the Central City Revitalization College of Eastern Utah—San Juan Campus, 1046. $100,000 to the West Piedmont Busi- Initiative; for the construction of a library community ness Development Center in Martinsville, 987. $200,000 to the City of Leonard, Texas multipurpose building; Virginia for the expansion of the center; for streetscape improvements; 1018. $800,000 for Summit County, Utah, for 1047. $50,000 to Thyne Institute Memorial 988. $100,000 to the City of Madisonville, improvements to the Utah Olympic Park fa- Inc. in Chase City, Virginia for the construc- Texas for upgrades and improvements to its cilities; tion of an African-American historic land- 1019. $100,000 to Fairfax County, Virginia community recreational fields; mark memorial; 989. $250,000 to the City of Midland, Texas for creation of the Housing Counseling Infor- 1048. $450,000 to Warren County, Virginia for the renovation of downtown Midland; mation and Technology Center; for renovations to the county youth center; 1020. $150,000 to Henrico County, Virginia 990. $200,000 to the City of Nacogdoches, 1049. $250,000 for the Woodrow Wilson Presi- for site preparation and construction of a Texas for renovations to The Fredonia Hotel dential Library in Staunton, Virginia to con- war memorial and visitor’s center; and Convention Center; tinue undertaking initial design of the Li- 1021. $100,000 to Prince William County, 991. $250,000 to the City of Odessa, Texas for brary; Virginia for improvements to the Nokesville the renovation of Historical Globe Theatre; 1050. $250,000 for the Radford University streetscape; 992. $250,000 to the City of Rio Bravo, Texas Business and Technology Park in Radford, 1022. $200,000 to the Alexandria Redevelop- for the construction of a community center; Virginia to begin site preparation and sche- ment Housing Authority in Alexandria, Vir- 993. $150,000 to the City of Tilden, Texas for matic design of the Park; ginia for renovations of the Family Resource construction of a community center; 1051. $200,000 for the George L. Carter Home Learning Center; 994. $250,000 to the Food Bank of the Rio Regional Arts and Crafts Center in Hillville, 1023. $50,000 to the American Armoured Grande Valley, Inc. in McAllen, Texas for Virginia to restore the historic home to Foundation, Inc. Tank Museum in Danville, purchase of a facility; serve as a regional Appalachian arts and Virginia for development of the museum; 995. $250,000 to the Foundation for Browns- 1024. $250,000 to the Barns of Rose Hill, City crafts center; 1052. $200,000 for the Suffolk Museum of Af- ville Sports in Brownsville, Texas for renova- of Berryville, Virginia for the restoration of rican-American History in Suffolk, Virginia tion of a site; Barns of Rose Hill; 996. $150,000 to the San Antonio Food Bank 1025. $400,000 to the Bayview Citizens for to renovate the former Phoenix Bank of in San Antonio, Texas for construction of a Social Justice Inc., Virginia for construction Nansemond for the Museum of African- distribution facility; of a community center; American History; 997. $1,000,000 to the University of Houston 1026. $250,000 to the Boys and Girls Club of 1053. $500,000 for the Christopher Newport Clear Lake, Texas for construction of a facil- Alexandria in Alexandria, Virginia for ren- News University Real Estate Foundation for ity for the Bay Area Business and Tech- ovation and expansion of facilities; the Warwick Boulevard Commercial Corridor nology Center at the University of Houston 1027. $250,000 to the City of Chesapeake, Redevelopment Project in Newport News, Clear Lake; Virginia for improvements to the Poindexter Virginia; 998. $100,000 to the WCIT 2006, Inc., City of streetscape; 1054. $200,000 for the Mariners’ Museum for Austin, Texas for construction of Inter- 1028. $150,000 to the City of Staunton, Vir- the USS Monitor Center in Newport News, national Center of Austin; ginia for building renovations and improve- Virginia; 999. $400,000 for the Dallas Women’s Mu- ments to downtown buildings; 1055. $200,000 for the Total Action Against seum in Dallas, Texas to conduct renova- 1029. $250,000 to the County of North- Poverty to restore and revitalize the Dumas tions; ampton, Virginia for the construction of a Center for Artistic and Cultural Develop- 1000. $200,000 for the Houston Hispanic recreational facility; ment in Roanoke, Virginia; Forum of Houston, Texas to provide the his- 1030. $150,000 to the Dabney S. Lancaster 1056. $200,000 for the Appalachia Service toric preservation and renovation of the Community College in Clifton Forge, Vir- Project for its Home Repair Program in Houston Light Guard Armory into the His- ginia for construction of the Virginia Pack- Jonesville, Virginia; panic Cultural and Educational Center; aging Applications Center; 1057. $200,000 to the Northeast Vermont 1001. $200,000 for Polk County, Texas to re- 1031. $100,000 to the Falls Church Education Area Agency on Aging in Vermont for con- store the Polk County Annex; Foundation in Falls Church, Virginia for struction and rehabilitation of senior cen- 1002. $200,000 to the Arlington Chamber of planning and expansion of Mt. Daniel Ele- ters; Commerce in Arlington, Texas to establish mentary School; 1058. $750,000 for the Preservation Trust of the Arlington Entrepreneur Center; 1032. $100,000 to the Harrisonburg Chil- Vermont, Burlington, VT for the Village Re- 1003. $200,000 to the City of Fort Worth, dren’s Museum, Virginia for renovations to valorization Initiative; Texas for the Central City revitalization ini- the museum; 1059. $750,000 for the Vermont Broadband tiative; 1033. $150,000 to the Jubal A. Early Preser- Council, Waterbury, VT for high speed 1004. $200,000 to the World Congress on In- vation Trust, Virginia for restoration of the broadband deployment; formation Technology in Austin, Texas for Jubal A. Early homeplace; 1060. $450,000 for the Vermont Housing and convention center renovations; 1034. $100,000 to the National D-Day Memo- Conservation Board, Montpelier, VT for de- 1005. $200,000 to the City of Commerce, rial Foundation in Bedford County, Virginia velopment of affordable housing in Town- Texas for a new city hall facility; for construction of the National D-Day Me- send, VT; 1006. $200,000 to the City of Hillsboro, Texas morial; 1061. $300,000 for Project Independence, for the district warehouse development 1035. $300,000 to the Northern Virginia Com- Bennington, VT for renovation of the Har- project; munity College, City of Manassas, Virginia wood Hill Farm Facility;

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10955 1062. $250,000 for the Vermont Housing and 1089. $500,000 for Kitsap Community Re- 1117. $1,000,000 for the Wheeling Park Com- Conservation Board to build low-income sources in Bremerton, Washington, for the mission for the development of training fa- housing and reconstruct downtown construction of the Bremerton Community cilities at Oglebay Park; Enosburg, VT; Services Center; 1118. $2,000,000 for West Virginia University 1063. $250,000 for the Vermont Housing and 1090. $150,000 to Chippewa Valley Technical for the development of a facility to house fo- Conservation Board to construct senior College in Eau Claire, Wisconsin for con- rensic science research and academic pro- housing in South Burlington, VT; struction of an addition to the Gateway grams; 1064. $250,000 for the Visiting Nurse Asso- Manufacturing and Technology Center; 1119. $1,000,000 for the Kanawha Institute ciation of Chittenden and Grand Isle Coun- 1091. $200,000 to Manitowoc County, Wis- for Social Research and Action, for renova- ties, VT to construct a low-income parent consin for reconstruction of the Manitowoc tions to the Empowerment Center in West and child center in Burlington, VT; County Courthouse; Dunbar, which will house an array of self- 1065. $200,000 for the Vermont Housing and 1092. $150,000 to Monroe Senior Center in sufficiency programs for low- to moderate- Conservation Board to rehabilitate and con- Monroe, Wisconsin for renovation of its fa- income individuals; struct affordable rental housing in Bradford, cilities; 1120. $350,000 to the Ark Regional Services, VT; 1093. $100,000 to the City of Cedarburg, Wis- Wyoming for construction of a National Cre- 1066. $150,000 to Kitsap County, Washington consin for demolition of a facility for future ative Arts Center facility; for land acquisition for a community center construction; 1121. $150,000 to the Dubois Community 1094. $300,000 to the Door County Economic and park/utility complex; Project, Wyoming for improvements to the Development Corporation, Sturgeon Bay, 1067. $800,000 to Mamma’s Hands, City of Dubois Community area; Bellevue, Washington for the purchase of an Wisconsin for the completion of the New 1122. $100,000 to the University of Wyoming additional Safe House for short-term transi- Launch System at Sturgeon Bay Ship- for improvements to the Wyoming Tech- tional shelter; building Cluster; nology Business Center; 1095. $100,000 to the Juneau County Eco- 1068. $200,000 to Skagit County, Washington 1123. $900,000 for the Sustainable Agri- nomic Development Corporation in Wis- for land acquisition to assist in the redevel- culture Research & Extension Center consin for renovation of a multipurpose fa- opment of Hamilton, Washington; (SAREC) in Goshen County Wyoming for 1069. $150,000 to Skamania County Wind cility; 1096. $200,000 to the Milwaukee Public construction of a community center build- River Public Development Authority in ing; Washington for rehabilitation and upgrades Schools for a demolition project; 1097. $150,000 to the West End Development 1124. $1,100,000 for the Wyoming Substance to existing buildings; Abuse Treatment and Recovery Center 1070. $350,000 to the Boys and Girls Club of Corporation in Milwaukee, Wisconsin for re- vitalization of the city’s Near West Side; (WYSTAR) in Sheridan, Wyoming to expand King County in Seattle, Washington for ren- its substance abuse treatment facility for ovation of the Greenbridge Community Cen- 1098. $200,000 for the City of LaCrosse, WI to construct the Center for Manufacturing women with children; ter; 1125. $1,000,000 for the Central Wyoming 1071. $200,000 to the Foss Waterway Devel- Excellence; College Foundation in Riverton, Wyoming to opment Authority in Tacoma, Washington 1099. $300,000 for the City of Appleton, WI construct the Intertribal Education & Com- for redevelopment of its downtown urban for construction of affordable housing units munity Center; core; at the Appleton Wire Works factory site; 1072. $250,000 to the Kent Youth and Family 1100. $270,000 for the Redevelopment Au- Mrs. MALONEY. Mr. Speaker, after being Services, City of Kent, Washington for ren- thority of the City of Racine, WI to rede- derailed for generations, I am delighted to re- ovations to the Springwood Community Cen- velop brownfields space for the Racine Indus- port to New Yorkers that the Second Avenue ter; trial Park; Subway is on track and moving with real mo- 1073. $550,000 to the Museum of Glass in Ta- 1101. $200,000 for the Redevelopment Au- thority of the City of Milwaukee, WI to rede- mentum, thanks to hard-fought battles for coma, Washington for construction of facili- funding in Washington and an unwavering co- ties; velop a vacant school and provide for the 1074. $225,000 to the Northwest Maritime Bronzeville Cultural Center; alition of support for the project in New York. 1102. $200,000 for the City of Kenosha, WI Center in Port Townsend, Washington for In the last two weeks alone, the Second Av- for construction related to the Columbus construction of its facility; enue Subway has taken two giant leaps for- 1075. $200,000 to the Old North Yakima His- Neighborhood Affordable Housing Project; ward. 1103. $200,000 for West End Development toric Restoration Project, City of Yakima, Corporation in Milwaukee, WI to rehabilita- First, New Yorkers passed the Transpor- Washington for restoring buildings and im- tion a commercial building as part of the tation Bond Act, putting $450 million towards proving streetscapes; North 27th Street Project; the project. 1076. $300,000 to the Roslyn City Hall Reha- 1104. $230,000 for the City of Green Bay, WI, Combined with $1.05 billion in subway funds bilitation, Washington for rehabilitation of for the Green Bay Waterfront construction Roslyn City Hall; previously authorized by the State, New York- and revitalization project; 1077. $300,000 for the City of Roslyn, WA, ers have now put forward nearly half of the fi- 1105. $200,000 for the City of Milwaukee, WI nancing for the subway’s first phase. for the Old City Hall and Library Renovation for construction of the Menomonee Valley Project; Partners Stormwater Park; New Yorkers did their part, and now the 1078. $325,000 for the Wing Luke Asian Mu- 1106. $200,000 for City of Necedah, WI to focus has shifted to the Federal government to seum in Seattle, WA for an expansion construct a facility for the Juneau County ante up for its share of the project. project; Business Incubator; Last night, the Congress said loud and clear 1079. $500,000 for North Helpline in Seattle, 1107. $250,000 for the City of Milwaukee, WI WA for new facility site acquisition; that it will stand strong for the Second Avenue for rehabilitation associated with the 30th Subway: I’m proud to announce that we’ve se- 1080. $500,000 for the Fremont Public Asso- Street Industrial Corridor-Esser Paint site; ciation in Seattle, WA for the Housing for 1108. $25,000 Mineral County Historical cured another $25 million for the project—giv- the Homeless project; Foundation for facilities construction; ing us five straight years of Federal funding for 1081. $500,000 for the Asian Counseling and 1109. $2,200,000 to Glenville State College in the subway. Referral Service in Seattle, WA for facility Glenville, West Virginia for facilities con- Earlier this year, the Federal Transit Admin- construction; struction; 1082. $325,000 for the Urban League in Se- istration declared the Second Avenue Subway 1110. $550,000 to Greenbrier County, West one of only two ‘‘highly recommended’’ attle, WA for construction of the Northwest Virginia for construction of the Greenbrier African American Museum; Valley Welcome and Interpretive Center; projects in the Nation. 1083. $500,000 for the Seattle Art Museum in 1111. $100,000 to Preston County Commis- The other project is East Side Access, Seattle, WA for construction of the Olympic sion in West Virginia for construction and which also received a boost from the federal Sculpture Park; renovation; government last night—to the tune of $340 1084. $325,000 for the Seattle Aquarium So- 1112. $25,000 to the Friends of Preston Acad- million dollars. ciety in Seattle, WA for the renovation and emy for facilities construction; For far too long, New York City residents expansion of the Seattle Aquarium; 1113. $450,000 to the Mid-Atlantic Tech- 1085. $500,000 Northeast Community Center nology, Research & Innovation Center, West have been riding some of the most over- Association in Spokane, WA for a capital im- Virginia for a feasibility study for the Mid- crowded mass transit lines in the nation. provement project; Atlantic Technology, Research and Innova- So, to my fellow New Yorkers, I say: take 1086. $400,000 for Easter Seals Washington tion Center; heart. The Second Avenue Subway is coming. in Seattle, WA for construction of a camp 1114. $300,000 to the West Virginia Tech- Mr. BUYER. Mr. Speaker, the completion of and respite lodging facility; nical College for completion of a building for the Hoosier Heartland Corridor gets another 1087. $500,000 for the Boys and Girls Club of a newspaper publishing program; step closer today with the House passage of King County, WA for renovations to the 1115. $50,000 to Wetzel County Commission Greenbridge Community Center; for construction and renovation; the FY 2006 Transportation Appropriations 1088. $325,000 for the Spokane Symphony in 1116. $1,000,000 for construction, related ac- conference report. Spokane, WA for renovations to the Fox tivities, and programs at the Scarborough For over thirteen years, I have worked with Theater; Library at Shepherd University; many others in a bipartisan effort across

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10956 CONGRESSIONAL RECORD — HOUSE November 18, 2005 north-central Indiana as this project has devel- is to ram through this House the Majority’s ican Moving and Storage Association went up oped from a design plan, to the first agenda. 750 percent. groundbreaking, to this latest step in bringing Although there is much in this Conference In response, and after much discussion in efficiency and safety to North Central Indiana. Report that I support, I regret that the Com- the Conference Committee, we included lan- I commend Congressman CHRIS CHOCOLA mittee on Appropriations, with no consultation guage in SAFETEA–LU that provided greater who has provided leadership in the completion with the Committee on Transportanon and In- protection against unscrupulous ‘‘rogue’’ mov- of this project and commend the $1.3 million frastructure, has made numerous changes to ers. The law authorized state attorneys gen- he secured for the Cass County-Carroll Coun- the Safe, Accountable, Flexible, Efficient eral and state consumer protection agencies ty segment. Transportation Equity Act: A Legacy for Users to enforce federal regulations governing the Included in this bill is a $1.5 million designa- (SAFETEA–LU), just months after the Presi- interstate movement of household goods. tion for the Hoosier Heartland’s most dan- dent signed the Act. Today, the Transportation-Treasury Appro- gerous segment yet to be completed between The Conference Report alters the priations Conference Report undoes this pro- Lafayette and Delphi. This project continues to SAFETEA–LU highway formula for distribution tection. The new language prevents state au- be a priority for me and many other commu- of funds to the States to provide more than thorities from taking action against established nity leaders and elected officials along the $600 million in earmarks at 100% federal movers, or those who do not egregiously vio- route. funding for the chosen few. The Report cuts late federal motor carrier safety regulations, Also included in this conference report is funding for the National Highway System, regardless of how flagrantly these companies $750,000 to continue the Lafayette Bus Re- Interstate Maintenance, Bridge, Surface Trans- violate consumer protection laws. It also pre- placement plan that I have worked on the past portation Program, Congestion Mitigation and vents state consumer protection agencies from several years with CityBus’s Marty Sennett Air Quality Improvement, Equity Bonus, Appa- taking administrative action against unscrupu- and State Senator Brandt Hershman. Earlier lachian Development Highway System, and lous movers, and limits these agencies to filing this year the, Transportation Authorization bill Federal Lands programs in order to finance cases in United States District Courts. included $500,000 for FY 2006 and this appro- these earmarks. Simply earmarking every I am disappointed that the Appropriations priation places us on schedule to meet $2.5 available dollar of the Department of Transpor- Committee and the Republican Leadership million by FY 2009. tation’s discretionary funding is apparently not would not honor the agreements of Finally, Johnson County is one of the fastest enough—the Appropriators need to skim high- SAFETEA–LU and allow such a rider to be growing counties in the state and significant way formula dollars too. The earmarks are added. traffic congestion exists and will only get 100 percent Federally funded and subject to Although the Conference Report includes worse. To assist in local efforts to keep traffic no reduction like other programs and projects. dozens of other surface transportation author- moving and doing so safely, $1 million is in- There appears no limit to the majority’s insa- izing provisions that were included without the cluded in the conference report to help ease tiable appetite for highway and transit ear- concurrence of the Committee on Transpor- this congestion through a feasibility study for marks. the proposed East/West Corridor. These in- I also regret that the Appropriators, with the tation and Infrastructure, I will focus on only vestments in Indiana’s infrastructure will im- concurrence of the Republican Leadership, one other provision—which I find truly indefen- prove safety and efficiency and create oppor- have enabled Members and Senators to revisit sible. Section 1926 of SAFETEA–LU requires tunity for Hoosiers. issues that were clearly decided in the Con- the Department of Transportation to provide Mr. OBERSTAR. Mr. Speaker, I rise in op- ference on SAFETEA–LU. We appear to be budget justification documents to the Trans- position to the Conference Report on H.R. moving from a time when an agreement could portation Committee and the Committee on 3058, the FY2006 Transportation, Treasury, be secured with a handshake to a period in Environment and Public Works of the U.S. Housing and Urban Development, the Judici- which an agreement is only for today: there is Senate with the President’s annual budget ary, District of Columbia, and Independent always the opportunity, with an appropriations submission. The budget justification docu- Agencies Act. rider, to get another ‘‘bite at the apple’’—fair ments provide the line-item detail of the Presi- This Conference Report, and the process by compromise be damned. dent’s Budget that helps the Transportation which this Body considers it, are another dis- The Conference Report’s household goods Committee analyze the programs within our ju- appointing chapter in the Republican’s Leader- appropriations rider provides a telling example. risdiction. Although the Transportation Com- ship’s management of this House. The Report overturns SAFETEA–LU’s con- mittee routinely receives these budget docu- At 5:30 a.m. this morning, the House Appro- sumer protection provisions that give States ments from non-DOT agencies within the priations Committee filed this Conference Re- the power to enforce federal consumer laws Committee’s jurisdiction, the Department of port. At 8:00 a.m., the Rules Committee met on interstate moving companies. Transportation has been reluctant to provide in emergency session to report a rule waiving Just three months ago, the President signed the information without express authorization. all points of order against a bill that no one, SAFETEA–LU with important consumer pro- Thus, SAFETEA–LU specifically required that other than Members of the Appropriations tection provisions to address the serious prob- DOT provides the documents to the Com- Committee and the Republican Leadership, lem of fraud by unscrupulous moving compa- mittee with the President’s budget, in February had seen or read. The Rules Committee nies. Fraud in the household goods moving in- each year. waived all points of order against the Con- dustry affects thousands of victims each year, The Conference Report amends this provi- ference Report and its consideration. Within as documented in hearings of the Surface sion to prevent our Committee from receiving hours, the House is now forced to vote on the Transportation Subcommittee. Unscrupulous these documents until June, four months after bill. This process, requiring Members to vote movers offer low estimates, then later inflate the President’s Budget is submitted. Why on bills they have never seen nor read, has the price of the move and hold the customer’s would the Committee on Appropriations not become the all too common practice of this goods hostage until they pay the inflated price. want an authorizing Committee to have the majority. The frequency of such scams increased necessary information to conduct budgetary The days of filing a conference report, giv- after federal authority over these companies oversight over the agencies within its jurisdic- ing Members an opportunity to read it, and al- was transferred from the Interstate Commerce tion? Does the Committee on Appropriations lowing the House to consider it without all Commission to the Department of Transpor- believe that it is the only committee entitled to points of order waived against the bill are a tation (DOT) in 1995. These responsibilities such budget information? The Conference Re- distant memory of a Democratic majority. fell to the Federal Highway Administration port’s provision is indefensible and I can as- When Democrats were the majority party of (FHWA) and later to the Federal Motor Carrier sure you that the Committee on Transportation the House, under House Rules, provisions that Safety Administration (FMCSA). FMCSA’s pri- and Infrastructure, which provides the manda- were beyond the scope of an Appropriations mary mission is safety, and the agency has tory budget authority for the highway, transit, Conference Report were subject to a separate few resources to focus on consumer protec- highway safety, and aviation programs, has vote. A Member could vote against these tion. Corrupt movers increasingly exploited this every right to this information and will restore types of riders without killing the Conference regulatory gap. the SAFETEA–LU provision. Report. In the early 1990’s, I recall how proud In March of 2001, the General Accounting The Conference Report also disregards the then-Appropriations Committee Chairman Office (GAO) reported that complaints of con- aviation budgetary firewalls established under Natcher was to bring appropriations bills to the sumer fraud in the household goods moving Vision 100—Century of Aviation Reauthoriza- Floor with no authorizing provisions and no industry rose dramatically from 1996 to 1999. tion Act. The Report cuts the capital invest- points of order waived. Clean bills and trans- Complaints to DOT rose 107 percent and the ment guaranteed in Vision 100 by more than parency are no longer the goal. The new order number of requests for arbitration to the Amer- $500 million.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10957 These cuts, in direct violation of the aviation RECESS Honda Meek (FL) Sa´ nchez, Linda Hooley Meeks (NY) T. budgetary firewalls, will directly impact our ef- The SPEAKER pro tempore. Pursu- Hostettler Melancon Sanchez, Loretta forts to address the continued growth of com- ant to clause 12(a) of rule I, the Chair Hoyer Menendez Sanders mercial aviation. Commercial aviation is on declares the House in recess subject to Hulshof Mica Saxton track to reach 1 billion enplanements by 2015. Hunter Michaud Schakowsky the call of the Chair. Hyde Millender- Schiff DOT predicts up to a tripling of passengers, Accordingly (at 11 o’clock and 1 Inglis (SC) McDonald Schmidt operations, and cargo by 2025. The Commis- minute a.m.), the House stood in recess Inslee Miller (FL) Schwartz (PA) sion on the Future of the United States Aero- subject to the call of the Chair. Israel Miller (MI) Schwarz (MI) space Industry reported that consumers could Issa Miller (NC) Scott (GA) f Jackson (IL) Miller, Gary Scott (VA) lose as much as $30 billion annually if people Jackson-Lee Miller, George Sensenbrenner and products cannot reach their destinations b 1200 (TX) Mollohan Serrano within the time periods expected today. Jefferson Moore (KS) Sessions AFTER RECESS Jenkins Moore (WI) Shadegg Yet, the Conference Report dramatically Jindal Moran (KS) Shaw cuts the Federal Aviation Administration’s The recess having expired, the House Johnson (CT) Murphy Shays (FAA) Facilities and Equipment (F&E) capital was called to order by the Speaker pro Johnson (IL) Murtha Sherman Johnson, E. B. Musgrave Sherwood account—the primary vehicle for modernizing tempore (Mr. HASTINGS of Washington) Johnson, Sam Myrick Shimkus the National Airspace System (NAS)—for the at noon. Jones (NC) Nadler Shuster second year in a row. Together, the FY2005 Jones (OH) Napolitano Simmons f and FY2006 Transportation Appropriations Kanjorski Neal (MA) Simpson Acts have cut the F&E account by almost $1 Kaptur Neugebauer Skelton CALL OF THE HOUSE Keller Ney Slaughter billion below the level authorized and guaran- Kelly Northup Smith (NJ) teed by Congress in Vision 100. The DOT In- Mr. LATHAM. Mr. Speaker, I move a call of the House. Kennedy (MN) Norwood Smith (TX) spector General testified before the Sub- Kennedy (RI) Nunes Smith (WA) committee on Aviation of the Committee on A call of the House was ordered. Kildee Nussle Snyder The SPEAKER pro tempore. Without Kilpatrick (MI) Oberstar Sodrel Transportation and Infrastructure that the FAA Kind Obey Solis could not technologically transform the NAS objection, this 15-minute call of the House will be followed by a 5-minute King (IA) Olver Spratt with only the approximate level of F&E funding King (NY) Ortiz Stark provided by the Conference Report. vote on H.R. 2528. Kingston Osborne Stearns There was no objection. Kirk Otter Strickland In addition, according to the FAA’s own The call was taken by electronic de- Kline Oxley Stupak analysis, two thirds of its $30 billion worth of vice, and the following Members re- Knollenberg Pallone Sullivan Kolbe Pascrell Sweeney assets is beyond their useful life. Air traffic sponded to their names: control towers average 30 years in age. Kucinich Pastor Tancredo [Roll No. 603] Kuhl (NY) Payne Tanner TRACON facilities average 34 years. Primary LaHood Pearce Tauscher Abercrombie Capuano English (PA) En Route Radar Systems average 27 years. Langevin Pelosi Taylor (MS) Ackerman Cardin Eshoo Lantos Pence Taylor (NC) En Route Control Center facilities average 40 Aderholt Cardoza Etheridge Larsen (WA) Peterson (MN) Terry years and are rated by the General Services Akin Carnahan Evans Larson (CT) Peterson (PA) Thomas Alexander Carson Everett Administration as being in poor condition and Thompson (CA) Allen Carter Farr Latham Petri getting worse each year. The cuts to FAA’s Andrews Case Fattah LaTourette Pickering Thompson (MS) capital account will make it more difficult for Baca Castle Feeney Leach Pitts Thornberry the FAA to maintain its current deteriorating Bachus Chabot Ferguson Lee Platts Tiahrt Levin Poe Tiberi facilities and equipment, much less techno- Baird Chandler Filner Baker Chocola Fitzpatrick (PA) Lewis (CA) Pombo Tierney logically transform the system to handle the Baldwin Cleaver Flake Lewis (GA) Pomeroy Turner nation’s future needs. Barrett (SC) Clyburn Foley Lewis (KY) Porter Udall (CO) Lipinski Price (GA) Udall (NM) The Appropriators, with the concurrence of Barrow Coble Forbes Bartlett (MD) Cole (OK) Ford LoBiondo Price (NC) Upton the House Republican Leadership, include Barton (TX) Conaway Fossella Lofgren, Zoe Pryce (OH) Van Hollen these and dozens of other authorizing provi- Bass Conyers Foxx Lowey Putnam Vela´ zquez sions in the Conference Report that we con- Bean Cooper Franks (AZ) Lucas Radanovich Visclosky Beauprez Costa Frelinghuysen Lungren, Daniel Rahall Walden (OR) sider today. Votes are cast before the Con- Becerra Costello Gallegly E. Ramstad Walsh ference Report is even printed. I regret that so Berkley Cramer Garrett (NJ) Lynch Rangel Wamp few Members know that it needn’t be this way. Berry Crenshaw Gerlach Mack Regula Wasserman I regret that the Republican rank-and-file Biggert Crowley Gibbons Maloney Rehberg Schultz Bilirakis Cubin Gilchrest Marchant Reichert Waters Members allow their Leadership to run the Bishop (GA) Cuellar Gillmor Markey Renzi Watson House in such a way. I regret that, under this Bishop (NY) Culberson Gingrey Marshall Reyes Watt majority, we may never be able to recapture Bishop (UT) Cummings Gohmert Matheson Reynolds Waxman Blackburn Cunningham Gonzalez Matsui Rogers (AL) Weiner an appropriations process that made Bill Blumenauer Davis (AL) Goode McCarthy Rogers (KY) Weldon (FL) Natcher so proud. Blunt Davis (CA) Goodlatte McCaul (TX) Rogers (MI) Weldon (PA) Mr. OLVER. Mr. Speaker, I have no Boehlert Davis (FL) Gordon McCollum (MN) Rohrabacher Weller Boehner Davis (IL) Granger McCotter Ros-Lehtinen Westmoreland further speakers. I urge the adoption of Bonilla Davis (KY) Graves McCrery Ross Wexler the conference report, and yield the Bonner Davis (TN) Green (WI) McDermott Rothman Whitfield balance of my time. Bono Davis, Jo Ann Green, Al McGovern Roybal-Allard Wicker Boozman Davis, Tom Green, Gene McHenry Royce Wilson (NM) Mr. KNOLLENBERG. Mr. Speaker, Boren Deal (GA) Grijalva McHugh Ruppersberger Wilson (SC) likewise, I urge everyone to support Boucher DeFazio Gutierrez McIntyre Rush Wolf this bill. It is a good bill. Boustany DeGette Gutknecht McKeon Ryan (OH) Woolsey Boyd Delahunt Harman McKinney Ryan (WI) Wu I yield back the balance of my time. Bradley (NH) DeLauro Harris McMorris Ryun (KS) Wynn The SPEAKER pro tempore (Mr. Brady (PA) DeLay Hart McNulty Sabo Young (AK) HASTINGS of Washington). Without ob- Brady (TX) Dent Hastings (FL) Meehan Salazar Young (FL) Brown (OH) Diaz-Balart, L. Hastings (WA) jection, the previous question is or- Brown (SC) Diaz-Balart, M. Hayes dered on the conference report. Brown, Corrine Dicks Hayworth b 1225 There was no objection. Brown-Waite, Dingell Hefley Ginny Doggett Hensarling The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The Burgess Doolittle Herger HASTINGS of Washington). On this roll- question is on the conference report. Burton (IN) Doyle Herseth Buyer Drake Higgins call, 417 Members have recorded their Pursuant to clause 10 of rule XX, the Calvert Dreier Hinchey presence by electronic device, a yeas and nays are ordered. Camp Duncan Hinojosa quorum. Pursuant to clause 8 of rule XX, fur- Cannon Edwards Hobson Cantor Ehlers Hoekstra ther proceedings on this question will Capito Emanuel Holden Under the rule, further proceedings be postponed. Capps Engel Holt under the call are dispensed with.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10958 CONGRESSIONAL RECORD — HOUSE November 18, 2005 CONFERENCE REPORT ON H.R. 2528, Kuhl (NY) Northup Sessions act. Had I been present, I would have voted MILITARY QUALITY OF LIFE LaHood Norwood Shadegg Langevin Nunes Shaw ‘‘yea.’’ AND VETERANS AFFAIRS AP- Lantos Nussle Shays f PROPRIATIONS ACT, 2006 Larsen (WA) Oberstar Sherman Larson (CT) Obey Sherwood CONFERENCE REPORT ON H.R. 3058, The SPEAKER pro tempore. The Latham Olver Shimkus TRANSPORTATION, TREASURY, pending business is the question on LaTourette Ortiz Shuster HOUSING AND URBAN DEVELOP- adoption of the conference report on Leach Osborne Simmons Lee Otter MENT, THE JUDICIARY, THE DIS- the bill, H.R. 2528, on which the yeas Simpson Levin Owens Skelton TRICT OF COLUMBIA, AND INDE- and nays are ordered. Lewis (CA) Oxley Slaughter PENDENT AGENCIES APPROPRIA- The Clerk read the title of the bill. Lewis (GA) Pallone Smith (NJ) Lewis (KY) Pascrell Smith (TX) TIONS ACT, 2006 The SPEAKER pro tempore. The Linder Pastor Smith (WA) Lipinski Payne The SPEAKER pro tempore. The question is on the conference report. Snyder LoBiondo Pearce pending business is the question on Sodrel Pursuant to clause 10 of rule XX, the Lofgren, Zoe Pelosi Solis adoption of the conference report on yeas and nays are ordered. Lowey Pence Souder the bill, H.R. 3058, on which the yeas This will be a 5-minute vote. Lucas Peterson (MN) Lungren, Daniel Peterson (PA) Spratt and nays are ordered. The vote was taken by electronic de- E. Petri Stark The Clerk read the title of the bill. Stearns vice, and there were—yeas 427, nays 0, Lynch Pickering The SPEAKER pro tempore. The not voting 6, as follows: Mack Pitts Strickland Maloney Platts Stupak question is on the conference report. [Roll No. 604] Manzullo Poe Sullivan Pursuant to clause 10 of rule XX, the YEAS—427 Marchant Pombo Sweeney yeas and nays are ordered. Markey Pomeroy Tancredo Abercrombie Coble Gohmert Marshall Porter Tanner The vote was taken by electronic de- Ackerman Cole (OK) Gonzalez Matheson Price (GA) Tauscher vice, and there were—yeas 392, nays 31, Aderholt Conaway Goode Matsui Price (NC) Taylor (MS) not voting 10, as follows: Akin Conyers Goodlatte McCarthy Pryce (OH) Taylor (NC) Alexander Cooper Gordon McCaul (TX) Putnam Terry [Roll No. 605] Allen Costa Granger McCollum (MN) Radanovich Thomas YEAS—392 Andrews Costello Graves Thompson (CA) McCotter Rahall Abercrombie Clay Gibbons Baca Cramer Green (WI) McCrery Ramstad Thompson (MS) Bachus Crenshaw Green, Al Ackerman Cleaver Gilchrest McDermott Rangel Thornberry Aderholt Clyburn Gillmor Baird Crowley Green, Gene McGovern Regula Tiahrt Baker Cubin Grijalva Akin Coble Gingrey McHenry Rehberg Tiberi Alexander Cole (OK) Gohmert Baldwin Cuellar Gutierrez McHugh Reichert Tierney Barrett (SC) Culberson Gutknecht Allen Conaway Gonzalez McIntyre Renzi Turner Barrow Cummings Harman Andrews Conyers Goode McKeon Reyes Udall (CO) Bartlett (MD) Cunningham Harris Baca Cooper Goodlatte McKinney Reynolds Udall (NM) Barton (TX) Davis (AL) Hart Bachus Costa Gordon McMorris Rogers (AL) Upton Bass Davis (CA) Hastings (FL) Baird Cramer Granger McNulty Rogers (KY) Van Hollen Bean Davis (FL) Hastings (WA) Baker Crenshaw Graves Meehan Rogers (MI) Vela´ zquez Baldwin Crowley Green, Al Beauprez Davis (IL) Hayes Meek (FL) Rohrabacher Becerra Davis (KY) Hayworth Visclosky Barrett (SC) Cubin Green, Gene Meeks (NY) Ros-Lehtinen Walden (OR) Barrow Cuellar Grijalva Berkley Davis (TN) Hefley Melancon Ross Berry Davis, Jo Ann Hensarling Walsh Bartlett (MD) Culberson Gutierrez Menendez Rothman Wamp Bass Cummings Gutknecht Biggert Davis, Tom Herger Mica Roybal-Allard Wasserman Bean Cunningham Harman Bilirakis Deal (GA) Herseth Michaud Royce Schultz Beauprez Davis (AL) Hart Bishop (GA) DeFazio Higgins Millender- Ruppersberger Waters Becerra Davis (CA) Hastings (FL) Bishop (NY) DeGette Hinchey McDonald Rush Watson Berkley Davis (FL) Hastings (WA) Bishop (UT) Delahunt Hinojosa Miller (FL) Ryan (OH) Watt Berry Davis (IL) Hayes Blackburn DeLauro Hobson Miller (MI) Ryan (WI) Blumenauer DeLay Hoekstra Waxman Biggert Davis (KY) Hayworth Miller (NC) Ryun (KS) Bilirakis Davis (TN) Hensarling Blunt Dent Holden Miller, Gary Sabo Weiner Boehlert Diaz-Balart, L. Holt Weldon (FL) Bishop (GA) Davis, Jo Ann Herger Miller, George Salazar Bishop (NY) Davis, Tom Herseth Boehner Diaz-Balart, M. Honda Mollohan Sa´ nchez, Linda Weldon (PA) Bonilla Dicks Hooley Weller Bishop (UT) Deal (GA) Higgins Moore (KS) T. Blackburn DeGette Hinchey Bonner Dingell Hostettler Moore (WI) Sanchez, Loretta Westmoreland Bono Doggett Hoyer Wexler Blumenauer Delahunt Hinojosa Moran (KS) Sanders Blunt DeLauro Hobson Boozman Doolittle Hulshof Moran (VA) Saxton Whitfield Boren Doyle Hunter Wicker Boehlert DeLay Hoekstra Murphy Schakowsky Boehner Dent Holden Boucher Drake Hyde Murtha Schiff Wilson (NM) Boustany Dreier Inglis (SC) Wilson (SC) Bonilla Diaz-Balart, L. Honda Musgrave Schmidt Bonner Diaz-Balart, M. Hooley Boyd Duncan Inslee Wolf Myrick Schwartz (PA) Bono Dicks Hostettler Bradley (NH) Edwards Israel Woolsey Nadler Schwarz (MI) Boozman Dingell Hoyer Brady (PA) Ehlers Issa Wu Napolitano Scott (GA) Boren Doggett Hulshof Brady (TX) Emanuel Istook Wynn Neal (MA) Scott (VA) Boucher Doolittle Hunter Brown (OH) Emerson Jackson (IL) Young (AK) Neugebauer Sensenbrenner Boyd Doyle Hyde Brown (SC) Engel Jackson-Lee Ney Serrano Young (FL) Brown, Corrine English (PA) (TX) Bradley (NH) Drake Inglis (SC) Brown-Waite, Eshoo Jefferson NOT VOTING—6 Brady (PA) Dreier Inslee Ginny Etheridge Jenkins Brady (TX) Edwards Israel Berman Fortenberry Paul Brown (OH) Ehlers Issa Burgess Evans Jindal Boswell Hall Towns Burton (IN) Everett Johnson (CT) Brown (SC) Emanuel Istook Butterfield Farr Johnson (IL) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brown, Corrine Emerson Jackson (IL) Buyer Fattah Johnson, E. B. The SPEAKER pro tempore (Mr. Brown-Waite, Engel Jackson-Lee Calvert Feeney Johnson, Sam Ginny English (PA) (TX) ASTINGS Camp Ferguson Jones (NC) H of Washington) (during the Burgess Eshoo Jefferson Cannon Filner Jones (OH) vote). Members are advised 2 minutes Burton (IN) Etheridge Jenkins Cantor Fitzpatrick (PA) Kanjorski remain in this vote. Butterfield Evans Jindal Capito Flake Kaptur Buyer Everett Johnson (CT) Capps Foley Keller b 1247 Calvert Farr Johnson (IL) Camp Fattah Johnson, Sam Capuano Forbes Kelly So the conference report was agreed Cardin Ford Kennedy (MN) Cannon Ferguson Jones (OH) Cardoza Fossella Kennedy (RI) to. Cantor Filner Kanjorski Carnahan Foxx Kildee The result of the vote was announced Capito Fitzpatrick (PA) Kaptur Carson Frank (MA) Kilpatrick (MI) Capps Foley Keller as above recorded. Capuano Forbes Kelly Carter Franks (AZ) Kind A motion to reconsider was laid on Case Frelinghuysen King (IA) Cardoza Ford Kennedy (MN) Castle Gallegly King (NY) the table. Carnahan Fossella Kennedy (RI) Chabot Garrett (NJ) Kingston Stated for: Carson Foxx Kildee Chandler Gerlach Kirk Mr. BERMAN. Mr. Speaker, due to a death Carter Frank (MA) Kilpatrick (MI) Case Frelinghuysen Kind Chocola Gibbons Kline in the family, I was unable to vote on the con- Clay Gilchrest Knollenberg Chabot Gallegly King (IA) Cleaver Gillmor Kolbe ference report for the fiscal year 2006 Military Chandler Garrett (NJ) King (NY) Clyburn Gingrey Kucinich Quality of Life-Veterans Affairs appropriations Chocola Gerlach Kingston

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10959 Kirk Napolitano Scott (GA) So the conference report was agreed H. Con. Res. 307. Concurrent resolution Kline Neal (MA) Scott (VA) to. providing for a conditional adjournment of Knollenberg Neugebauer Serrano the House of Representatives and a condi- Kolbe Ney The result of the vote was announced Sessions tional recess or adjournment of the Senate. Kuhl (NY) Northup Shaw as above recorded. LaHood Norwood Shays A motion to reconsider was laid on The message also announced that the Langevin Nunes Sherman Senate has passed with amendments in Lantos Nussle Sherwood the table. Larsen (WA) Obey Shimkus Stated for: which the concurrence of the House is Larson (CT) Olver Simmons Mr. BERMAN. Mr. Speaker, due to a death requested, a bill of the House of the fol- Latham Ortiz Simpson lowing title: Leach Osborne in the family, I was unable to vote on the con- Skelton H.R. 4133. An act to temporarily increase Lee Otter Slaughter ference report for the fiscal year 2006 Trans- Levin Owens Smith (NJ) portation-Treasury-Housing appropriations act. the borrowing authority of the Federal Lewis (CA) Oxley Smith (TX) Had I been present, I would have voted ‘‘yea.’’ Emergency Management Agency for car- Lewis (GA) Pallone Smith (WA) Mr. HOLT. Mr. Speaker, on rollcall 605 rying out the national flood insurance pro- Lewis (KY) Pascrell Snyder gram. Linder Pastor today, the vote on H.R. 3058, Making appro- Sodrel The message also announced that the Lipinski Payne Solis priations for the Departments of Transpor- LoBiondo Pearce Souder tation, Treasury, and Housing and Urban De- Senate requests a further conference Lofgren, Zoe Pelosi Spratt relative to the bill (H.R. 3010) ‘‘An Act Lowey Pence velopment, the Judiciary, District of Columbia, Stearns making appropriations for the Depart- Lucas Peterson (MN) Strickland and independent agencies for the fiscal year Lungren, Daniel Peterson (PA) Stupak ending September 30, 2006, and for other pur- ments of Labor, Health and Human E. Pickering Sullivan Services, and Education, and Related Lynch Pitts poses, I was present for the debate but unin- Sweeney Mack Platts Agencies for the fiscal year ending Sep- Tanner tentionally did not record my vote. Had my Maloney Pombo tember 30, 2006, and for other purposes, Tauscher vote been recorded, I would voted ‘‘yea.’’ Manzullo Pomeroy Taylor (MS) and appoints Mr. SPECTER, Mr. COCH- Markey Porter f Taylor (NC) RAN, Mr. GREGG, Mr. CRAIG, Mrs. Marshall Price (NC) Terry Matsui Pryce (OH) PERSONAL EXPLANATION HUTCHISON, Mr. STEVENS, Mr. DEWINE, Thomas McCarthy Putnam NOVEMBER 18, 2005 Mr. SHELBY, Mr. DOMENICI, Mr. HARKIN, Thompson (CA) McCaul (TX) Radanovich Thompson (MS) Mr. INOUYE, Mr. REID, Mr. KOHL, Mrs. McCollum (MN) Rahall Mr. FORTENBERRY. Mr. Speaker, on Fri- Thornberry URRAY ANDRIEU URBIN McCotter Ramstad day, November 18, 2005, I was unavoidably M , Ms. L , Mr. D , Tiahrt McCrery Rangel detained due to a death in my family and thus and Mr. BYRD, to be conferees on the McGovern Regula Tiberi part of the Senate. McHenry Rehberg Tierney missed rollcall votes Nos. 602, 603, 604, and McHugh Reichert Turner 605. Had I been present, I would have voted McIntyre Renzi Udall (CO) ‘‘aye’ on all four votes. f McKeon Reyes Udall (NM) McKinney Reynolds Upton f McMorris Rogers (AL) Van Hollen WAIVING REQUIREMENT OF McNulty Rogers (KY) Visclosky APPOINTMENT OF MEMBER TO CLAUSE 6(a) OF RULE XIII WITH Meehan Rogers (MI) Walden (OR) BOARD OF VISITORS TO THE RESPECT TO CONSIDERATION OF Meek (FL) Rohrabacher Walsh UNITED STATES AIR FORCE Wamp CERTAIN RESOLUTIONS Meeks (NY) Ros-Lehtinen ACADEMY Melancon Ross Wasserman Mr. GINGREY. Mr. Speaker, by di- Menendez Rothman Schultz The SPEAKER pro tempore. Pursu- Watson rection of the Committee on Rules, I Mica Roybal-Allard ant to 10 U.S.C. 9355(a), amended by Michaud Royce Watt call up House Resolution 563 and ask Millender- Ruppersberger Waxman Public Law 108–375, and the order of the for its immediate consideration. McDonald Rush Weiner House of January 4, 2005, the Chair an- The Clerk read the resolution, as fol- Miller (MI) Ryan (OH) Weldon (FL) nounces the Speaker’s appointment of Weldon (PA) lows: Miller (NC) Ryun (KS) the following Member of the House to Miller, Gary Sabo Weller H. RES. 563 Miller, George Salazar Westmoreland the Board of Visitors to the United Resolved, That the requirement of clause Mollohan Sa´ nchez, Linda Wexler States Air Force Academy: Whitfield 6(a) of rule XIII for a two-thirds vote to con- Moore (KS) T. Mr. HEFLEY of Colorado. Moore (WI) Sanchez, Loretta Wicker sider a report from the Committee on Rules Moran (KS) Sanders Wilson (NM) And, in addition, Mr. Hansford T. on the same day it is presented to the House Moran (VA) Saxton Wilson (SC) Johnson of Virginia is waived with respect to any resolution re- Murphy Schakowsky Wolf f ported on the legislative day of November 18, Murtha Schiff Woolsey 2005, providing for consideration or disposi- Musgrave Schmidt Wu RECESS Myrick Schwartz (PA) Wynn tion of any of the following measures: Nadler Schwarz (MI) Young (FL) The SPEAKER pro tempore. Pursu- (1) A bill or joint resolution making gen- eral appropriations for the fiscal year ending NAYS—31 ant to clause 12(a) of rule I, the Chair September 30, 2006, any amendment thereto, Barton (TX) Jones (NC) Ryan (WI) declares the House in recess subject to or any conference report thereon. Boustany Kucinich Sensenbrenner the call of the Chair. (2) A conference report to accompany the Castle LaTourette Shadegg Accordingly (at 1 o’clock and 6 min- bill (H.R. 3199) to extend and modify authori- Costello Marchant Shuster utes p.m.), the House stood in recess ties needed to combat terrorism, and for DeFazio Matheson Stark Duncan McDermott subject to the call of the Chair. other purposes. Tancredo (3) A bill or joint resolution relating to Flake Miller (FL) Vela´ zquez f Franks (AZ) Oberstar Waters flood insurance. Green (WI) Petri Young (AK) b 1610 (4) A bill to provide for reconciliation pur- Hefley Poe suant to section 201 of the concurrent resolu- Johnson, E. B. Price (GA) AFTER RECESS tion on the budget for fiscal year 2006. NOT VOTING—10 The recess having expired, the House The SPEAKER pro tempore. The gen- Berman Fortenberry Paul was called to order by the Speaker pro tleman from Georgia (Mr. GINGREY) is Boswell Hall Towns tempore (Mr. SIMPSON) at 4 o’clock and recognized for 1 hour. Cardin Harris Feeney Holt 10 minutes p.m. Mr. GINGREY. Mr. Speaker, for the purpose of debate only, I yield the cus- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE f The SPEAKER pro tempore (Mr. tomary 30 minutes to the gentleman FURTHER MESSAGE FROM THE from Massachusetts (Mr. MCGOVERN), HASTINGS of Washington) (during the SENATE vote). Members are advised that 2 min- pending which I yield myself such time utes remain in this vote. A further message from the Senate as I may consume. During consider- by Ms. Curtis, one of its clerks, an- ation of this resolution, all time yield- b 1305 nounced that the Senate has passed ed is for the purpose of debate only. Messrs. RYAN of Wisconsin, SHU- without amendment a concurrent reso- Mr. Speaker, House Resolution 563 STER and DEFAZIO changed their vote lution of the House of the following waives clause 6(a) of rule XIII that re- from ‘‘yea’’ to ‘‘nay.’’ title: quires a two-thirds vote to consider a

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10960 CONGRESSIONAL RECORD — HOUSE November 18, 2005 rule on the same day it is reported Mr. MCGOVERN. Could the gen- war, we passed a defense authorization from the Rules Committee against cer- tleman just tell me generally what the bill which essentially ordered the Pen- tain resolutions reported from the topic is going to be? tagon to provide our soldiers with all Rules Committee; applies a waiver to Mr. GINGREY. The amendment the necessary equipment that they any special rule reported on the legis- would basically say, ‘‘A resolution re- would need if they should ever go into lative day of November 18, 2005 pro- lating to United States forces in Iraq.’’ war. Why did not that materialize? viding for consideration or disposition Mr. MCGOVERN. Mr. Speaker, re- Where was the oversight into that? of any of the following measures: claiming my time, I thank the gen- Tens of billions of taxpayer dollars First, a bill or a joint resolution tleman. have been lost in this war in Iraq. We making general appropriations for the Mr. Speaker, this is a very sad day in do not even know where it has gone, fiscal year ending September 30, 2006, the House. This House, I think, is and nobody can give us an answer, and any amendment thereto, or any con- about to embark on a process that there is no investigation, there is no ference report thereon; second, a con- should dismay every single Member of oversight, there is no debate. ference report to accompany the bill this House. The only way keeping us The fact of the matter is this Con- H.R. 3199, to extend and modify au- from going down this road is I think to gress has been complicit with the thorities needed to combat terrorism vote down this martial law rule. White House in covering up the facts. and for other purposes; third, a bill or While I have many strong objections, The situation at Abu Ghraib prison, I a joint resolution relating to flood in- and many of us on this side have strong would argue that that instance prob- surance; and finally, fourth, a bill to objections, to martial rules in general, ably more than anything else has been provide for reconciliation pursuant to we have been accommodating in the responsible for poisoning the hearts section 201 of the concurrent resolution past when they come to matters like and minds of so many people in Iraq on the budget for fiscal year 2006. important conference reports or emer- and the region. And rather than get- Mr. Speaker, I rise today in support gency pieces of legislation that we ting to the bottom of it, rather than of House Resolution 563 that the Rules need to get done before the recess. But making sure it never happens again, Committee reported in order to ensure this matter on Iraq does not qualify in what has this Congress done? Covered that we are able to complete the work that category. In fact, we just received up. Sweep it under the rug. Make be- of the American people in a timely and a copy of the resolution just a couple of lieve it never happened. a proper manner before the Congress minutes ago about what they plan to You want a debate on Iraq? We adjourns for Thanksgiving. In the fol- bring up here. should have a debate on Iraq, but not lowing week, Members from both sides This is not about a debate on Iraq. this bit of political theatrics. There are of the aisle will return to their dis- This is about politics, clear and simple. Members who believe that we should tricts to spend Thanksgiving with their I will go further to say that I believe end this war immediately. I am one of families and with their constituents. this is a deliberate effort to attack a those. There are Members who believe However, before doing so, there re- Member of this House and his views be- we should add more troops to the ones mains important work to be done; and, cause the majority is afraid of this we already have in Iraq over there. All Mr. Speaker, this rule will ensure that man and afraid of his views and afraid of us should have the opportunity to be it gets done. of his words, so they believe that some- able to debate this in a serious way. Do you want to respect our troops? From making appropriations that how he has to be attacked, that we That is how you do it. You make sure keep this government running to en- need to take some quick action here on we are doing our job. We have not been suring that law enforcement has the the House floor. tools it needs to keep this country safe, Mr. Speaker, we should have a debate doing our job, and there is no objective to insuring Americans against floods, on Iraq. We should have had a debate person in this House, even those of you who staunchly support this war and ad- to finally strengthening the economy on Iraq a long time ago. But what we vocate continuing staying the course, while cutting the budget, this rule are about to have is not a debate on who can tell me things are going the gives the House an opportunity to Iraq. This will not be able to be amend- way they were planned. move forward on an important legisla- ed, there be a limited amount of time tive agenda, though difficult choices There are none of us in this Chamber for Members to be able to express their who are going to fight in this that war, have and will continue to have to be views, and, quite frankly, it is demean- made for the sake of the American peo- none of us are going to put our lives on ing to this institution, it is demeaning the line, and, with very few exceptions, ple, and for the sake of an agenda of to our soldiers, and it is demeaning to which all Americans can be proud. Mr. none of our kids are going to be fight- those who have raised questions about ing in that war. So it takes absolutely Speaker, I want to encourage all of my the war in Iraq. It is demeaning to the colleagues to support this resolution no courage for anybody in this cham- American public who now overwhelm- ber to wave the American flag and to and the underlying legislation for ingly have questions about this war in which it provides. say, ‘‘Stay the course.’’ Iraq. They want us to take this issue This is not about a debate on Iraq, Mr. Speaker, I reserve the balance of seriously and not just play politics my time. this is about political cover for you. with it. This is about finding a way to not an- b 1615 The fact of the matter is that from swer the tough questions. This is about the very beginning, the efforts of this Mr. MCGOVERN. Mr. Speaker, I yield a way to cover the administration’s myself 4 minutes. leadership have been geared toward backside at a time when we should be I thank my friend the gentleman covering up all of the facts about the demanding questions. from Georgia (Mr. GINGREY) for yield- war in Iraq. We were presented faulty Congress should be doing its job, and ing me the customary 30 minutes. intelligence. When we found out there this process, this process is a disgrace. Mr. Speaker, let me, before I begin, were no weapons of mass destruction, We owe the people of this country, we let me ask my friend from Georgia, we wanted a full investigation to figure owe the troops who are fighting brave- does his leadership plan to amend this out what actually went wrong, whether ly at our request over in Iraq, we owe martial law rule in any way to add any any of that intelligence had been ma- them much more. other issues besides the ones that have nipulated. We were told we cannot have So, Mr. Speaker, this martial law been listed? that investigation, we cannot have rule needs to be defeated. Mr. GINGREY. Mr. Speaker, will the that discussion. Mr. GINGREY. Mr. Speaker, I yield gentleman yield? The fact of the matter is that we myself such time as I may consume. Mr. MCGOVERN. I yield to the gen- have had no formal investigations and Mr. Speaker, this amendment does tleman from Georgia. no formal oversight of this war in Iraq. not attack any Member of this body. Mr. GINGREY. Mr. Speaker, in re- We sent a bunch of our soldiers off to This amendment follows the rules of sponse to the gentleman from Massa- war without proper equipment, without decorum of this body. chusetts, yes, we will have an amend- the proper body armor and Humvee The gentleman from the other side ment to the rule, which I will present protection, and this in spite of the fact just listed a litany of complaints in re- at the end of the debate. that a few months before we went to gard to Iraq. Members on his side of

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10961 the aisle even have what is known as For the House to be asked to vote on In one of his e-mails from Iraq, the ‘‘Out of Iraq Caucus.’’ I do not whether or not we ought to withdraw Dougie asked that I remind the Amer- know if the gentleman from Massachu- immediately from Iraq without having ican people that it was not the United setts is a part of that membership or the benefit of those thoughtful hear- States who asked for this global strug- not, but we have, this side of the aisle, ings is a disgraceful abdication of our gle against Islamic extremists. It was have heard repeatedly from Members responsibility to think this issue the Islamic jihadists who targeted the on their side of the aisle, and not just through clearly and with judgment. I free world and our Nation long before one high-profile ranking member with am absolutely appalled, I am abso- we entered Iraq. We cannot afford to strong defense credentials. Oh, no. No. lutely appalled, at this action. It is a yield the victory to the Islamic ex- We have heard every night of the first cheap political stunt that does a dis- tremists by withdrawing now. session of the 109th Congress from the service to every serviceman and woman Dougie forwarded a piece to me just 30-something Group, several Members fighting in Iraq today, and whoever yesterday by Lieutenant General on their side of the aisle, pounding this thought up this pipe dream should be James T. Conway which best summa- President, coming within an inch or ashamed of themselves. It brings in- rizes the opinion of many of our troops less, Mr. Speaker, of accusing the credible shame to this House. about the need to stay the course. President of lying, of out and out If I have to choose between sup- Conway states: ‘‘Our soldiers, sailors, lying, repeatedly accusing the Presi- porting the Murtha resolution, even airmen and marines realize that the dent of misleading the public about without these hearings, and the failed, biggest threat to mission accomplish- Iraq, demanding the immediate pullout discredited policy that we are now pur- ment depends on what their fellow of our troops. suing in Iraq that dead-end nowhere- Americans do. The insurgents realize Mr. Speaker, they are going to have going policy, I would happily endorse full well that the only choice they have the opportunity today on the floor of as an alternative the Murtha amend- of defeating the U.S. military is to this House to vote yes or no, do they ment. weaken the will of the American popu- want us to immediately pull our troops It is irresponsible of the House to be lation.’’ out of Iraq, and that is all this amend- dealing with this in this manner. What b 1630 ment is about. this House ought to do is to set aside Mr. Speaker, I reserve the balance of He adds, The insurgents in Iraq maim the cheap political tricks and to ad- and kill the less protected Iraqis, but my time. dress the thought behind the Murtha Mr. MCGOVERN. Mr. Speaker, I yield their real target is that portion of the proposal. This House, instead of politi- American public that is shaped by the myself such time as I may consume. cizing this issue, ought to try to find a Mr. Speaker, anybody who believes news media. way for once to bring people in this in- that what we are doing today is not in Let us heed the message from our stitution together, instead of dividing response to the comments by one sin- men and women in our Armed Forces gle Member of this Congress, a Member them by phony, cynical, political, out- serving in Iraq. They are in the best who is highly respected by both sides of rageously tricky and sneaky maneu- position to assess what we need to do, the aisle, a Member who is a decorated vers like this. and they are asking us not to pull out Mr. GINGREY. Mr. Speaker, I yield Vietnam War veteran, a Member who is of Iraq at this juncture. Iraq is at one myself such time as I may consume. an expert on military and defense of the epicenters of the U.S. com- Mr. Speaker, I want to reiterate that issues, anybody who believes we are prehensive strategy to fight terrorism this amendment to the resolution basi- not doing this in response to that, worldwide. cally says, ‘‘Resolved, that it is the quite frankly, defies credibility. This is Our ability to project major Armed sense of the House of Representatives a personal attack on one of the best Forces to the very heart of the Middle that the deployment of United States Members, one of the most respected East provides the United States and Members of this House, and it is out- forces in Iraq be terminated imme- our allies in the war against terrorism rageous. diately.’’ It does not reference any the ability to directly address the tac- Mr. Speaker, I yield 4 minutes to the Member whatsoever. tical and ideological challenges of Is- distinguished gentleman from Wis- Mr. Speaker, I yield 4 minutes to the lamic extremists. Through the pro- consin (Mr. OBEY). gentlewoman from Florida (Ms. ROS- motion of an incipient Iraqi democ- Mr. OBEY. Mr. Speaker, how dare LEHTINEN). racy, we continue our concerted efforts you. How dare you. Yesterday, the gen- Ms. ROS-LEHTINEN. I thank the to counter the root causes of Islamic tleman from Pennsylvania (Mr. MUR- gentleman for yielding me time. extremists in the region. These radi- THA), the ranking Democrat on the De- Mr. Speaker, I rise in favor of the cals are fully cognizant that the emer- fense Appropriations Subcommittee, a rule and in strong opposition to the un- gence of a new and democratic Iraq will 27-year marine, a veteran of, I believe, derlying resolution. Our mission in inevitably threaten their very survival three tours in Vietnam, a well-known Iraq is clear: Peace through strength, because freedom threatens them. conservative hawk, announced that he victory through resolve. Those who Democratic governments deny them was introducing a resolution that was would have us retreat immediately the funds, the weapons, and the sanc- meant to stimulate a thoughtful and have forgotten what appeasement does tuary that they need to survive. De- profound debate on how we salvage a to the Islamic extremist madmen and mocracy denies them the new recruits failed policy in Iraq. That resolution murderers. Our goal in Iraq is honor- that they need. was meant to stimulate the kind of able and wise. We must see this As such, Mr. Speaker, we must con- hearings that Bill Fulbright ran during through to our victorious end. The tinue to support the people of Iraq in the Vietnam War, hearings which could choice is that simple, yet that impor- their efforts to strengthen their emerg- bring in the best military minds and tant. ing democracies whose pace of develop- the best experts on the Middle East to In his 2005 speech commemorating ment has been astounding. In January, try to help us find a new direction to Veterans Day, President Bush affirmed the people of Iraq turned out in droves American policy in Iraq. that it is courage that liberated more to vote in their first free democratic The reaction of the Republican lead- than 50 million people from tyranny in elections. In October, they once again ership of this House is nothing short of the last century, and it is courage that voted to approve their Constitution, disgraceful, and, in my view, that reac- will once again destroy the enemies of and today they are busily preparing for tion dishonors the traditions of this freedom. elections in December that will con- House and this democracy. As the stepmother of a proud Marine, tinue Iraq in its transition from a bru- This resolution, which is now going Douglas Lehtinen, who, together with tal totalitarian state to a free demo- to be offered as an amendment to this my future daughter-in-law Lindsay, is cratic nation. It takes time. We will rule out of the Rules Committee, is currently serving our Nation in Iraq, succeed. nothing less than an effort to drive a and as the wife of a decorated Vietnam Mr. MCGOVERN. Mr. Speaker, I yield stake through the heart of the Murtha veteran, I have witnessed this courage myself such time as I may consume. resolution, without any effort to get at and this commitment to the mission of Mr. Speaker, with all due respect to the facts with respect to Iraq. liberty. the gentlewoman who just spoke, I

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10962 CONGRESSIONAL RECORD — HOUSE November 18, 2005 have to tell you, I am tired, I think we U.S. is going to end its occupation of their finger because you are not an Iraqi; are all tired, of the rhetoric. You want country, and that they need to assume re- and, two, do not abandon us. to discuss this issue seriously, let us sponsibility for their own security. Mr. Speaker, we are on the brink of a have a real debate, not an hour in We should get our troops out of Iraq as democracy and freedom in Iraq. If we which we will debate this resolution soon as possible, consistent with ensuring were to cut and run like they expect us that cannot be amended. That is ridic- their safety. Instead of continuing this diver- to do, then what is going to happen is ulous. That is demeaning to this House sion, which has only harmed America’s inter- the 2,000-plus Americans who have died of Representatives. national reputation, we should refocus our na- and given their lives for freedom will We are not doing our job. This is tion’s energies on capturing Osama bin Laden be for naught. about war. We have troops in harm’s and disrupting and destroying the Al Qaeda Mr. Speaker, I hope that we defeat way. We have lost over 2,000 Ameri- terrorist organization that was responsible for this resolution on the floor today and cans. We have members of our Guard the September 11th attacks. show those men and women that are and Reserves on double and triple de- Mr. GINGREY. Mr. Speaker, I yield 3 watching us on TV that we support ployments; and the best you can do to minutes to the gentlewoman from Vir- what they are doing. respond to what is going on, all the ginia (Mrs. DRAKE). Mr. MCGOVERN. Mr. Speaker, I yield mess that has been created over there Mrs. DRAKE. Mr. Speaker, I thank myself such time as I may consume. is to bring this up for 1 hour. This is a the gentleman from Georgia (Mr. Mr. Speaker, let me say to the gen- disgrace. GINGREY) for yielding me time. tlewoman, if she wants to honor our Mr. Speaker, I yield 1 minute to the Mr. Speaker, I think this is a perfect troops, then give us a real debate. Do gentleman from Massachusetts (Mr. time to talk about the very brave acts not bring this piece of garbage to the MARKEY). of our men and women who are serving floor with an hour left at the end of the Mr. MARKEY. The gentleman from to defend this Nation. I recently led an day. This is not honoring our troops. Pennsylvania (Mr. MURTHA) was a hero armed services trip to Iraq. The very We are doing them a disservice. You in Vietnam. The gentleman is a hero first person that I met looked me in are politicizing this war, and it is today. the eye and he said to me, Ma’am, do wrong. We know that the Bush administra- not worry about me. He said, I know Mr. Speaker, I yield 2 minutes to the tion deliberately misled the American what I am doing. He said I know what gentleman from New York (Mr. RAN- public about nuclear weapons in Iraq, the threat to this Nation is; and if I GEL). about al Qaeda in Iraq. And now out have anything to do with it, we will (Mr. RANGEL asked and was given here on the House floor, in a continu- never have another attack on our Na- permission to revise and extend his re- ation of their deliberate misleading of tion. He picked up his gear. He said, So marks.) the American public, they are refusing do not worry. Just pray for me. And he Mr. RANGEL. Mr. Speaker, this is a to have a debate on the Murtha resolu- walked away. sad day for me as an American, as a tion. The thing that I brought back from Member of Congress, to see that we The gentleman from Pennsylvania that trip to Iraq, and I realized it im- have reached a point that those who (Mr. MURTHA) has called for a debate mediately, is that these men and want to be critical of the President’s on the redeployment of troops con- women are true heroes. They volun- entrance into this war and how it is sistent with protecting their security teered to serve in our military and being conducted now have to be called and the security of our country and many of them have volunteered to cowards and we are cutting and run- maintaining over the horizon forces to serve in Iraq because they understand ning and we are not deserving of being protect our country, to promote de- the threat that faces this Nation if we called Americans. mocracy and diplomacy that will pro- were to fail. But what they want to The vicious attacks that are taking tect our country. know, Mr. Speaker, is what is America place by people who never served their What this group of Republicans, what saying and what is America thinking? country is really something that is the Bush-Cheney White House is doing They watch C–SPAN. They watch the really painful. today is a continuation of the perpet- words that you say. And I was proud to The gentleman from Pennsylvania uation of the fraud on the American be able to be there in Iraq and tell (Mr. MURTHA) has earned the right to public. This is not the debate on the them the stories of America, about have an opinion. The gentleman from Murtha resolution. This is an attempt true Americans who value what they Pennsylvania (Mr. MURTHA) has served to undermine the gentleman from are doing who are at Sea World and this country. The gentleman has served Pennsylvania (Mr. MURTHA), to con- stand and clap and cheer, the marines not only in the Army but he served tinue their attempt to undermine any that walked through the airport in Ire- right here in this Congress. And what critic of their administration rather land on our way back and everyone is he up against? Who are these people than having a real debate on the war in stood and everyone clapped for those making these dirty, nasty remarks Iraq that serves the American people, marines. against his character and those who the American fighting men and women, The reason we are on this floor today support him? They are people who say and every single person in the world. talking about this is because the other that we are going to stay in this war I have known JACK MURTHA for nearly 30 side has made this an issue; and for the until we win; that we are going to fight years and I have enormous respect for his pa- last several months, all we have heard and die in this war until we win; and triotism and his expertise on military matters. is that we need to bring our troops we are not going to leave until we win I’ve heard JACK MURTHA speak about what home. and not one day sooner. is going on in Iraq and about the adverse ef- I do not know if you have seen the Fight who? Who is going to sur- fect that this war is having on our troops and letter that has come from a-Zawahiri render? What are the conditions? If you our Nation’s security. I agree with him that it to al-Zarqawi. One of the quotes in this can be critical of what the gentleman is time for us to start bringing our troops letter is: ‘‘Things may develop faster from Pennsylvania (Mr. MURTHA) is home, and I support his proposal to do so. than we imagined. The aftermath of going to say, how can you not be crit- This is a war that was based on false and the collapse of American power in ical of the confused way in which we misleading intelligence from the Bush Adminis- Vietnam and how they ran and left are getting involved in this war where tration about Iraqi nuclear weapons, and which their agents is noteworthy.’’ we do not know what the enemy looks has been bungled at almost every stage by in- When the speaker of the Iraq General like, we do not know what flag they competence and mismanagement on the part Assembly came to Washington about 6 carry, we do not know who is going to of the White House and the civilian leadership weeks ago, four of us went to hear him; surrender. at the Pentagon. Our brave troops deserve and he repeatedly said, there is no It is time for us to be civil. If you better than to be asked to continue risking other option. When Members of this want to be concerned about our troops, their lives for a mistake. At this point it has be- body went on January 30 to the first you have to be concerned about why come clear that our troop presence in Iraq is election in Iraq, there were two things they are there. And for the President of making the situation over there worse, not bet- that they said to our Members: one, the United States on Veterans Day, the ter. The Iraqi people need to know that the you cannot have purple ink on your day that all of us veterans hold so true

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10963 and that brings us together, to attack Zawahiri is the number two man in al going to check our party registration his political opponents on that day and Qaeda, the spiritual leader of Osama before they blow us up. then to send out with his tuxedo-clad bin Laden, his advisor. Al-Zarqawi is al I take a back seat to no one in my ef- Vice President as someone to attack Qaeda’s director of jihadist attacks. He forts to craft bipartisan solutions to other people, other Americans, this is a has been in Iraq since before Operation problems. Iraq policy is failing, and it sad day. Iraq Freedom. is time for this House to be bipartisan But the bottom line is if you love In this letter from al-Zawahiri to al- as the Senate was earlier this week, these troops like the gentleman from Zarqawi, al Qaeda’s director of jihadist and it is way past time for this White Pennsylvania (Mr. MURTHA) loves these attacks, al-Zawahiri says, We have four House to give us a serious strategy and troops, you will be supporting this leg- goals. The very first goal is to expel to clarify its intentions with respect to islation. Americans from Iraq. no permanent bases, no design on Iraqi Mr. GINGREY. Mr. Speaker, I yield If this resolution were to pass today, oil, and a plan to help build true power myself such time as I may consume. it would be headline news on al Jazeera sharing among the ethnic factions and The gentleman on the other side TV. They would declare victory in al true operational capability in the Iraqi complained about not having enough Qaeda, and it would jeopardize every security forces. time to discuss this resolution. We will American across the face of the globe. I urge my colleagues to vote ‘‘no’’ on have a minimum, Mr. Speaker, of 3 We have to decide where this battle is this rule. This resolution is intended to hours. We are debating right now the going to take place. Is it going to be in divide us, to put partisanship in the same-day rule. Then we will debate the Iraq where every American carries a way of patriotism. rule on House Resolution 571 and then gun, or will it be on the streets of New Mr. GINGREY. Mr. Speaker I yield have the debate on the resolution York and Washington, D.C. 23⁄4 minutes to the gentleman from itself. So there will be plenty of time I say we vote this resolution down for Georgia (Mr. KINGSTON). for Members on both sides of the aisle the safety of our troops and our citi- Mr. KINGSTON. Mr. Speaker, I to express their opinions on this hugely zens. thank the gentleman for yielding me important issue. Mr. MCGOVERN. Mr. Speaker, if peo- time. Mr. Speaker, I yield 3 minutes to the ple do not like this resolution, they Mr. Speaker, I must say, Scoop Jack- gentleman from Kansas (Mr. TIAHRT). can vote against the rule. son must be spinning in his grave. The Mr. TIAHRT. Mr. Speaker, this is an Mr. Speaker, I yield 2 minutes to the late Democrat Senate leader would be issue that has a lot of passion; and gentlewoman from California (Ms. shocked to see his party has now been when a lot of passion is embracing an HARMAN), the ranking member on the taken over by Michael Moore and issue, things are said that are very House Intelligence Committee. Cindy Sheehan and the radical extrem- harsh and I think at times untrue. Ms. HARMAN. Mr. Speaker, I thank Earlier we heard that there were ists on the left who do not like George the gentleman for yielding me time. Bush so much that now they are going quote/unquote dirty, nasty remarks Mr. Speaker, I rise in strong opposi- against him, referring to the gen- to put danger to our troops by siding tion to this rule. with the terrorists that it is time for tleman from Pennsylvania (Mr. MUR- Earlier today, the Democratic mem- an immediate pullout. THA). No one is saying that about the bers of the House Intelligence Com- I plan to vote ‘‘no’’ on the Democrat gentleman from Pennsylvania (Mr. mittee issued a letter to the chairman resolution for immediate pullout. I MURTHA). The gentleman from Penn- of our committee protesting his deci- think it is irresponsible, and it defi- sylvania (Mr. MURTHA) has a great deal sion to shut down a bipartisan inves- nitely sends the wrong message to our of respect on both sides of the aisle and tigation into the intelligence failures troops. across the Nation. that led us into war. Failure to learn This resolution is very simple. It is I represent the 3rd Infantry Division. from the mistakes of the past is an ab- I am proud to represent the 3rd Infan- expressing a sense of the House. It has dication of our responsibility to the three lines to it. It says: ‘‘Resolved, try Division. I know many of these sol- American people and dangerous for our diers. I have dealt with them. I have that it is the sense of the House of Rep- country. If we do not learn lessons, we resentatives that deployment of United gone to their funerals. I have gone to will repeat mistakes. their services, and I would like to States forces in Iraq be terminated im- It is likewise the responsibility of mediately.’’ quote what the leading General said, this House to conduct rigorous over- General Webster, yesterday, who is in We are in a war for the Free World, sight over our policy in Iraq. There is and I think part of what we have to do charge of the 3rd Infantry, the troops now broad consensus in the country on the ground, and I am proud to say is and understand is the enemy himself. that we need to change course. Al Qaeda is not fighting for a religion. a friend of mine, and I am proud to say They are fighting for political power by b 1645 is an extremely thoughtful and patri- using a religion. Their targets on Many of us have offered thoughtful otic, brave American. General Webster Americans, Jews, secular Muslims, and suggestions to do just that. said, in response to the Democrat call other Islamists like Shiites and Sunni Let me be clear, it is not our troops for immediate withdrawal, ‘‘Setting a Muslims. who have failed. They are performing date would mean that the 221 soldiers They have killed and maimed inno- heroically, as are our intelligence per- I’ve lost this year, that their lives cent men and women and children from sonnel. A month ago, on my most re- would have been lost in vain.’’ many faiths and walks of life. Their cent visit to Iraq, I had dinner with He continued to say that Iraq’s goals are measured in steps that in- troops from California who are part of armed factions would likely take a cue clude Iraq and every country from Task Force Baghdad. They are doing from a timetable for a U.S. withdrawal Spain to the Philippines, all under one an outstanding job. to lie low, gathering their strength and theocratic government. Reasonable people can differ on laying plans for renewed conflict as They oppose the freedom of speech, whether we should redeploy troops in 6 soon as Americans leave. In fact, the freedom of the press, freedom to vote, months or 16 months and what events Democrat Party now seems to be tak- women’s rights, education for women, should drive that redeployment, but ing their cue from France: Lose, leave religious freedom. They oppose music, today we stand united that a change of and wait. movies, even the right to choose your course is urgently needed. We stand The Democrats seem to want to cut own clothing, your own education, united behind the gentleman from and run and dishonor the sacrifices of even who gets to drive. They despise Pennsylvania (Mr. MURTHA), our col- those who are doing such a great job who we are and what we stand for as league, a 37-year veteran who has had already. The President has said, and as Americans. And it is spelled out on his patriotism attacked by the White much as the Democrats hate some- their Web sites, their videos, their cas- House, but who is not backing down, times, it appears, the President’s poli- sette tapes. It is written in their mate- and we stand united that the Repub- cies, he said, ‘‘Our strategy is to clear, rial. It is on the laptops that we have lican leadership should not use a stunt hold, and build.’’ captured, and it is undeniable. like this to score political points. What have we done is we have round- Al Qaeda’s goals are confirmed in a In case anyone missed it, the terror- ed up 116 al Qaeda rulers. A number of letter on July 9, 2005, from Ayman al- ists do not care whether we are Demo- tips from the indigenous folks on the Zawahiri to Abu Musab Al-Zarqawi. Al- crats or Republicans. They are not ground have risen from 442 in February

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10964 CONGRESSIONAL RECORD — HOUSE November 18, 2005 to 3,341 today. That is cooperation by Mr. GINGREY. Mr. Speaker, I am women are in harm’s way without the Iraqis themselves. We have trained proud to yield 2 minutes to the gen- hearings, without giving it any 210,000 Iraqi security forces, and we tleman from Kentucky (Mr. DAVIS). thought, without any careful thinking have more than 20 operating bases that Mr. DAVIS of Kentucky. Mr. Speak- or examination, but thrusting it, are ready that they are doing a good er, I thank the gentleman for the time. thrusting us into voting on a resolu- job of. We have rebuilt 3,404 schools, 304 I believe it is imperative in this body tion that is, as the gentleman from water and sewer treatment facilities, that we have an open and frank dia- Georgia said, three lines long. 257 fire/police stations, and 149 health logue on issues that are of concern to In Texas we have saying that ‘‘this services. This is progress. us. I am disturbed and disappointed, dog don’t hunt,’’ and it does not hunt. Mr. Speaker, they just overwhelm- frankly, by some of the rhetoric I have This political strategy speaks to an ob- ingly passed a resolution adopting a heard, because we are judged and we servation that was made to us in a new Constitution October 15, and in are acquitted and/or we are found hearing recently by General Kelley December, they are going to have their guilty by those words, but the luxury from the Army. He said, We are a Na- own elections for their own govern- we have is they are simply words here. tion at war. We are a Nation at war ex- ment. That is progress. Do not cut and The impact of those words, though, cept in Washington, DC. We are not a run. Stand firm with our troops. on the other side of the ocean, in the Nation sharing the sacrifice. Nothing PARLIAMENTARY INQUIRY AOR, in Iraq and Afghanistan, is that exemplifies his testimony better than Mr. MCGOVERN. Mr. Speaker, par- in this small world, not only do our the so-called debate here on this rule. liamentary inquiry. friends but also our enemies watch, and In August, we honored four soldiers The SPEAKER pro tempore (Mr. they do not understand our concept of that are recipients of Purple Hearts, SIMPSON). The gentleman may inquire. openness, of tolerance, of free speech and one of the sergeants told me, Con- Mr. MCGOVERN. The gentleman and spirited dialogue. gressman, does anybody in Washington Indeed, sometimes remarks that have from Georgia just referred to this as a understand that we have a flawed been made in this Chamber have been Democratic resolution. I would like to strategy where we are being subjected used for the recruiting of suicide bomb- inquire of the Chair if he knows who to a mentality of ‘‘The Charge of The ers. I think that one thing, and I would introduced this legislation. Light Brigade?’’ Mr. KINGSTON. Mr. Speaker, would have to say quite candidly, is in our So I went back and I looked up ‘‘The the gentleman yield? oversight: It is also important that we Charge of The Light Brigade’’ by Lord The SPEAKER pro tempore. The gen- have oversight on our own words. Tennyson, and I will just read a por- tleman stated a parliamentary inquiry. The comments that were made yes- The gentleman will suspend. The gen- terday by a man with a distinguished tion of it: tleman from Massachusetts has stated military record, who I do not fault one Half a league, half a league, a parliamentary inquiry. The chair can bit, fly in the face of the comments of Half a league onward, hundreds of soldiers, ranging from jun- All in the valley of Death only identify the Member who intro- Rode the six hundred, duced the legislation, which was Con- ior enlisted personnel across the AOR ‘Forward, the Light Brigade! gressman HUNTER. to my West Point classmates who are Charge for the guns!’ he said: Mr. MCGOVERN. Congressman commanding brigades on the ground Into the valley of Death HUNTER, a Republican? and disagree categorically, based on Rode the six hundred. The SPEAKER pro tempore. The gen- the phone calls that I got last night, ‘Forward, the Light Brigade!’ tleman from California. including one from the commander of Was there a man dismay’d? Mr. MCGOVERN. Mr. Speaker, I yield America’s premier counterterrorism Not tho’ the soldier knew 3 minutes to the gentleman from South organization, who asked what in the Some one had blunder’d: Their’s not to make reply, Carolina (Mr. SPRATT). world was happening here to make Their’s not to reason why, Mr. SPRATT. Mr. Speaker, I have those kind of comments to encourage Their’s but to do and die: served in this House for 22 years, all of our enemies. Into the valley of Death them on the House Armed Services However, remarks irresponsibly Rode the six hundred. Committee, and my esteem for the gen- given, not based on facts, simply do Every day our men and women are tleman from Pennsylvania (Mr. MUR- this: They place policy over politics riding convoys into that valley of THA) and the wisdom he has accrued while our young men and women are on death. Shame on us for this resolution. over defense and military matters has the front line and unwittingly cooper- Vote against it. increased every year. He is a real ates with and emboldens our enemies. American. He is a patriot. He is a ma- Liberal leadership has stated that Mr. GINGREY. Mr. Speaker, I yield 2 rine. He is the best embodiment of they do not have a policy on Iraq, as minutes to the gentlewoman from Ten- Semper Fidelis that I have ever known. one of your leaders said yesterday, but nessee (Mrs. BLACKBURN). He made a proposal yesterday that I, will have one in an appropriate time, I Mrs. BLACKBURN. Mr. Speaker, my myself, do not fully agree, but I have am sure in time for the 2006 election. Democratic colleagues are coming profound respect for the man who made Because we are accountable for our down here and accusing us of slan- it, and I watched the pain that he expe- words, I urge a yes on this rule to bring dering our friend and fellow Member, rienced as he agonizingly laid out what this resolution to the floor so the time the gentleman from Pennsylvania (Mr. the conclusions were that he had come for tough talking will end, and there MURTHA), and that is absurd. It is not to. To take this proposal and trash it, will be accountability. If people want about him, and it is not about any of trivialize it is outrageous. To treat to make hard statements, they can be us. It is about foreign policy and na- JACK MURTHA this way, a great Amer- accountable for their words because of tional security, and, quite frankly, this ican, a wonderful patriot, is beneath this. Because of our words, our troops idea on the left that we can and should contempt. are going to endure the consequences immediately withdraw is not only a This resolution takes a profound of those statements, and I urge all of bad idea, it is dangerous. How do you issue we face, whether and when we you to be accountable for the state- tell a 19-year-old American, fighting, wage war, and makes it another cheap ments that have been made. bleeding for their country, that it is all pawn in the political process. You Mr. MCGOVERN. Mr. Speaker, I yield pointless? How dare you do such a present a resolution that purports to 2 minutes to the gentleman from Texas thing? be a facsimile or proxy of JACK MUR- (Mr. REYES). You may not agree with the way THA’s resolution when it is nothing of Mr. REYES. Mr. Speaker, I thank the things are being managed, but do not the kind, nothing of the kind, and then gentleman for yielding me time. minimize the importance of what we you dare to call it something it is not, Mr. Speaker, I rise in strong opposi- are doing in Iraq. You all on the left a Democratic resolution. tion to this rule, and I do so because it opened up this debate. I think they This is outrageous, Mr. Speaker, and does not seem to me reasonable to have been itching for a fight for a long all I can say is, at long last, have you bring us into a debate over a very seri- time from the way their comments no shame? ous issue where our young men and have sounded, and now they would like

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10965 to sneak out of the room and avoid this My concerns are deeply personal. I Dear Mr. President: . . . In the last ten topic. voted for the war resolution because days, it has become incontrovertibly clear The left in Congress wants a debate the President said Iraq would soon that a key piece of evidence you and other on the idea of immediate withdrawal, brandish nuclear bombs; and like mil- Administration officials have cited regarding and since they have been wanting it, Iraq’s efforts to obtain nuclear weapons is a lions of Americans, I was misled. hoax. . . . we are going to have it. The left want- I raised concerns about the nuclear The evidence in question is correspondence ed to go out. They wanted to talk intelligence in a letter to the President that indicates that Iraq sought to obtain nu- about this with no regard for the big on March 17, 2003, before any bullets clear material from an African country, picture, with no regard for constitu- were fired and before the war started, Niger. For several months, this evidence has ents, who have families, who are fight- and I am going to attach this letter to been a central part of the –U.S. case against ing. Well, now, we are going to have to my statement, but I want to read a Iraq. . . . [I]n your State of the Union ad- dress, you stated: ‘‘The British government stand here, they are going to have to part of it. stand here. And they are going to take has learned that Saddam Hussein recently I wrote: ‘‘Dear, Mr. President, in the sought significant quantities of uranium the heat and take the debate. last 10 days, it has become incon- from Africa.’’ We are fighting because we do not trovertibly clear that a key piece of It has now been conceded that this evi- want our kids living in a world domi- evidence you and others in the admin- dence was a forgery. . . . Even more trou- nated by terrorism. We are fighting for istration have cited regarding Iraq’s ef- bling, . . . the CIA, which has been aware of freedom. forts to obtain nuclear weapons is a this information since 2001, has never re- hoax. The evidence in question is cor- garded the evidence as reliable. The implica- b 1700 tions of this fact are profound: it means that respondence that indicates that Iraq The left works real hard to isolate a key part of the case you have been building sought to obtain nuclear material from Iraq from the Middle East and from the against Iraq is evidence that your own intel- an African country. For several global war on terrorism. The left actu- ligence experts . . . do not believe is cred- months this evidence has been a cen- ally thinks terrorists separate Iraq ible. tral part of the U.S. case against Iraq. It is hard to imagine how this situation from the war on terrorism. could have developed. The two most obvious We know that is not true. We know it It has now been conceded that this evi- dence was a forgery. Even more trou- explanations—knowing deception or un- is not true. fathomable incompetence—both have imme- I do not believe America is willing to bling, the CIA, which has been aware of diate and serious implications. give up on what is the war for the Free this information since 2001, has never 1 regarded the evidence as reliable. I made that request 2 ⁄2 years ago. And I World. I do not think they are willing am still waiting for an answer. The President to give up on the war for the Free ‘‘The implications of this fact are profound. It means that a key part of has never explained how forged evidence World. could become a cornerstone of the case for The left wanted the debate. Let us the case you have been building against Iraq is evidence that your own war in Iraq. have the debate. They are going to lose And this body has been part of the cover- intelligence experts do not believe is the debate. The American people have up. We’ve averted our eyes and shut down credible. It is hard to imagine how this stronger backbones than the radical our oversight committees. The Washington situation could have developed. The left. Republicans who run this body are afraid to two most obvious explanations, know- Mr. MCGOVERN. Mr. Speaker, I yield ask questions and embarrass the President. ing deception or unfathomable incom- myself such time as I may consume. They have abrogated their solemn constitu- The gentlewoman who just spoke petence, both have immediate and seri- tional obligations to hold the executive branch keeps on talking about how the Demo- ous implications.’’ accountable for its abuses. I made that request 21⁄2 years ago, crats want to call for immediate with- As the ranking Democrat on the House and I am still waiting for an answer. drawal without providing for the safe Committee in charge of oversight and inves- The President has never explained how and orderly withdrawal of our troops tigations, I have requested hearings to review: and the protection of our troops. Only forged evidence could become a corner- (1) The way intelligence was manipulated by Mr. HUNTER, the Republican from Cali- stone in the case for the war on Iraq. people in this administration. On my website— fornia, has called for that in his resolu- Yesterday, the gentleman from Pennsyl- www.reform.democrats.house.gov—there is a tion. None of us have called for that. vania spoke with courage and conviction report of 237 misleading and inaccurate state- Mr. Speaker, I yield 3 minutes to the about the war in Iraq. There is no one in this ments made by the President, Vice President, gentleman from California (Mr. WAX- body who knows more about our national de- Secretary of State and Defense and the Na- MAN). fense—and who has devoted more of his tional Security Adviser, based on what they Mr. WAXMAN. Mr. Speaker, yester- life—to our troops and our security than JACK knew at the time and not what we learned day the gentleman from Pennsylvania MURTHA. later. spoke with courage and conviction His speech has prompted this stunt by the (2) An investigation of prison treatment by about the war in Iraq, and there is no Republicans to force a vote on a resolution the U.S. after Abu Graib. one in this body who knows more about never considered by any committee. Like the (3) An investigation of the outing of CIA our national defense and has devoted intelligence that led the Nation to war, the res- agent Valerie Plame for political purposes, more of his life to our troops and our olution before this body is a fake. Republicans even though it jeopardized our national secu- security than Jack Murtha. But evi- are describing this resolution as the Murtha rity. dently his speech has prompted this resolution. But it is not his language and dif- (4) An investigation of the secret meetings stunt that the Republicans are pulling fers in key ways from his proposal. Vice President CHENEY had with energy ex- here to force a vote on a resolution One of the points Mr. MURTHA raised yester- ecutives regarding our energy policy. never considered by any committee. day was the misuse of the intelligence on Iraq. The Republicans should do the work re- Well, I must tell the Members that He called the war ‘‘a flawed policy wrapped in quired under our Constitution—do the over- like the intelligence that led to war, illusion.’’ sight to provide the checks and balances to the resolution before this body is a Like Mr. MURTHA, I voted for the war. And avoid a concentration of power in an imperial fake. Republicans are describing this like him, I have profound concerns about how and out of touch administration. resolution as a Murtha resolution, but the intelligence was warped and twisted to jus- HOUSE OF REPRESENTATIVES, it is not his language and differs in key tify an invasion. COMMITTEE ON GOVERNMENT REFORM, ways from his proposal. My concerns are deeply personal. I voted Washington, DC, March 17, 2003. One of the points Mr. MURTHA raised for the war resolution because the President The PRESIDENT, yesterday was the misuse of intel- said Iraq would soon brandish nuclear bombs. The White House, ligence on Iraq. He called the war a And like millions of Americans, I was misled. Washington, DC. flawed policy wrapped in illusion. Like I raised concerns about the nuclear intel- DEAR MR. PRESIDENT: I am writing regard- ing a matter of grave concern. Upon your Mr. MURTHA, I voted for that war. And ligence in a letter to the President on March order, our armed forces will soon initiate the like him, I have profound concerns 17, 2003—before any bullets were fired and first preemptive war in our nation’s history. about the intelligence, that it was before the war started. I ask unanimous con- The most persuasive justification for this warped and twisted to justify an inva- sent to introduce this letter into the RECORD. war is that we must act to prevent Iraq from sion. I wrote: developing nuclear weapons.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10966 CONGRESSIONAL RECORD — HOUSE November 18, 2005 In the last ten days, however, it has be- page article, one of the two ‘‘chief new ele- the individuals who held office at the time come incontrovertibly clear that a key piece ments’’ in the report was the claim that Iraq the letters were purportedly written.’’ CNN of evidence you and other Administration of- had ‘‘sought to acquire uranium in Africa reported: ‘‘one of the documents purports to ficials have cited regarding Iraq’s efforts to that could be used to make nuclear weap- be a letter signed by Tandjia Mamadou, the obtain nuclear weapons is a hoax. What’s ons.’’ president of Niger, talking about the ura- more, the Central Intelligence Agency ques- This evidence subsequently became a sig- nium deal with Iraq. On it [is] a childlike tioned the veracity of the evidence at the nificant part of the U.S. case against Iraq. signature that is clearly not his. Another, same time you and other Administration of- On December 7, Iraq filed its weapons dec- written on paper from a 1980s military gov- ficials were citing it in public statements. laration with the United Nations Security ernment in Niger, bears the date of October This is a breach of the highest order, and the Council. The U.S. response relied heavily on 2000 and the signature of a man who by then American people are entitled to know how it the evidence that Iraq had sought to obtain had not been foreign minister of Niger for 14 happened. uranium from Africa. years.’’ As you know, I voted for the congressional For example, this is how the New York U.S. intelligence officials had doubts about resolution condemning Iraq and authorizing Times began its front-page article on Decem- the veracity of the evidence long before Di- the use of force. Despite serious misgivings, ber 13 describing the U.S. response: rector ElBaradei’s report. The Los Angeles I supported the resolution because I believed ‘‘American intelligence agencies have Times reported on March 15 that ‘‘the CIA congressional approval would significantly reached a preliminary conclusion that Iraq’s first heard allegations that Iraq was seeking improve the likelihood of effective U.N. ac- 12,000 page declaration of its weapons pro- uranium from Niger in late 2001’’ when ‘‘the tion. Equally important, I believed that you gram fails to account for chemical and bio- existence of the documents was reported to had access to reliable intelligence informa- logical agents missing when inspectors left [the CIA] second- or third-hand.’’ The Los tion that merited deference. Iraq four years ago, American officials and Angeles Times quotes one CIA official as Like many other members, I was particu- United Nations diplomats said today. saying: ‘‘We included that in some of our re- larly influenced by your views about Iraq’s ‘‘In addition, Iraq’s declaration on its nu- porting, although it was all caveated because nuclear intentions. Although chemical and clear program, they say, leaves open a host we had concerns about the accuracy of that biological weapons can inflict casualties, no of questions. Among them is why Iraq was information.’’ The Washington Post reported argument for attacking Iraq is as compelling seeking to buy uranium in Africa in recent on March 13: ‘‘The CIA . . . had questions as the possibility of Saddam Hussein bran- years.’’ about ‘whether they were accurate,’ said one dishing nuclear bombs. That, obviously, is The official U.S. response was provided on intelligence official, and it decided not to in- why the evidence in this area is so crucial, December 19, when Secretary of State Colin clude them in its file on Iraq’s program to and why so many have looked to you for hon- Powell appeared before the Security Council. procure weapons of mass destruction.’’ est and credible information on Iraq’s nu- As the Los Angeles Times reported, ‘‘A one- There have been suggestions by some Ad- clear capability. page State Department fact sheet . . . lists ministration officials that there may be The evidence in question is correspondence what Washington considers the key omis- other evidence besides the forged documents that indicates that Iraq sought to obtain nu- sions and deceptions in Baghdad’s Dec. 7 that shows Iraq tried to obtain uranium clear material from an African country, weapons declaration.’’ One of the eight ‘‘key from an African country. For instance, CIA Niger. For several months, this evidence has omissions and deceptions’’ was the failure to officials recently stated that ‘‘U.S. concerns been a central part of the U.S. case against explain Iraq’s attempts to purchase uranium regarding a possible uranium agreement be- Iraq. On December 19, the State Department from an African country. tween Niger and Iraq were not based solely filed a response to Iraq’s disarmament dec- Specifically, the State Department fact on the documents which are now known to laration to the U.N. Security Council. The sheet contains the following points under the be fraudulent.’’ The CIA provided this other State Department response stated: ‘‘The heading ‘‘Nuclear Weapons’’: ‘‘The Declara- information to the IAEA along with the Declaration ignores efforts to procure ura- tion ignores efforts to procure uranium from forged documents. After reviewing this com- nium from Niger.’’ A month later, in your Niger. Why is the Iraqi regime hiding their plete body of evidence, the IAEA stated: ‘‘we State of the Union address, you stated: ‘‘The uranium procurement?’’ A copy of this fact have found to date no evidence or plausible British government has learned that Saddam sheet is enclosed with this letter. indication of the revival of a nuclear weap- Hussein recently sought significant quan- The Iraqi efforts to obtain uranium from ons programme in Iraq.’’ Ultimately, the tities of uranium from Africa.’’ Defense Sec- Africa were deemed significant enough to be IAEA concluded that ‘‘these specific allega- retary Rumsfeld subsequently cited the evi- included in your State of the Union address tions are unfounded.’’ dence in briefing reporters. to Congress. You stated: ‘‘The British gov- QUESTIONS It has now been conceded that this evi- ernment has learned that Saddam Hussein These facts raise troubling questions. It dence was a forgery. On March 7, the Direc- recently sought significant quantities of ura- appears that at the same time that you, Sec- tor General of the International Atomic En- nium from Africa.’’ As the Washington Post retary Rumsfeld, and State Department offi- ergy Agency, Mohamed ElBaradei, reported reported the next day, ‘‘the president seemed cials were citing Iraq’s efforts to obtain ura- that the evidence that Iraq sought nuclear quite specific as he ticked off the allegations nium from Africa as a crucial part of the materials from Niger was ‘‘not authentic.’’ last night, including the news that Iraq had case against Iraq, U.S. intelligence officials As subsequent media accounts indicated, the secured uranium from Africa for the purpose regarded this very same evidence as unreli- evidence contained ‘‘crude errors,’’ such as a of making nuclear bombs.’’ able. If true, this is deeply disturbing: it ‘‘childlike signature’’ and the use of sta- A day later, Defense Secretary Donald would mean that your Administration asked tionary from a military government in Niger Rumsfeld told reporters at a news briefing the U.N. Security Council, the Congress, and that has been out of power for over a decade. that Iraq ‘‘recently was discovered seeking the American people to rely on information Even more troubling, however, the CIA, significant quantities of uranium from Afri- that your own experts knew was not cred- which has been aware of this information ca.’’ ible. since 2001, has never regarded the evidence as KNOWLEDGE OF THE UNRELIABILITY OF THE Your statement to Congress during the reliable. The implications of this fact are EVIDENCE State of the Union, in particular, raises a profound: it means that a key part of the The world first learned that the evidence host of questions. The statement is worded case you have been building against Iraq is linking Iraq to attempts to purchase ura- in a way that suggests it was carefully craft- evidence that your own intelligence experts nium from Africa was forged from the Direc- ed to be both literally true and deliberately at the Central Intelligence Agency do not be- tor General of the International Atomic En- misleading at the same time. The statement lieve is credible. ergy Agency (IAEA), Mohamed ElBaradei. itself—‘‘The British government has learned It is hard to imagine how this situation On March 7, Director ElBaradei reported to that Saddam Hussein recently sought signifi- could have developed. The two most obvious the U.N. Security Council: ‘‘Based on thor- cant quantities of uranium from Africa’’— explanations—knowing deception or un- ough analysis, the IAEA has concluded, with may be technically accurate, since this ap- fathomable incompetence—both have imme- the concurrence of outside experts, that pears to be the British position. But given diate and serious implications. It is thus im- these documents—which formed the basis for what the CIA knew at the time, the implica- perative that you address this matter with- reports of recent uranium transactions be- tion you intended—that there was credible out delay and provide an alternative expla- tween Iraq and Niger—are in fact not au- evidence that Iraq sought uranium from Af- nation, if there is one. thentic. We have therefore concluded that rica—was simply false. The rest of this letter will explain my con- these specific allegations are unfounded.’’ To date, the White House has avoided ex- cerns in detail. Recent accounts in the news media have plaining why the Administration relied on USE OF THE EVIDENCE BY U.S. OFFICIALS provided additional details. According to the this forged evidence in building its case The evidence that Iraq sought to purchase Washington Post, the faked evidence in- against Iraq. The first Administration re- uranium from an African country was first cluded ‘‘a series of letters between Iraqi sponse, which was provided to the Wash- revealed by the British government on Sep- agents and officials in the central African ington Post, was ‘‘we fell for it.’’ But this is tember 24, 2002, when Prime Minister Tony nation of Niger.’’ The article stated that the no longer credible in light of the information Blair released a 50-page report on Iraqi ef- forgers ‘‘made relatively crude errors that from the CIA. Your spokesman, Ari forts to acquire weapons of mass destruction. eventually gave them away—including Fleischer, was asked about this issue at a As the New York Times reported in a front- names and titles that did not match up with White House news briefing on March 14, but

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And if about VX production. that those were forged documents—— we look at the Washington Post and The declaration provides no information to Mr. Fleischer: I’m sorry, whose statement look at the front page, that is precisely address these concerns. was that? what we see. If we looked at the head- What is the Iraqi regime trying to hide by Q: The President, in his State of the Union not providing this information? line on CNN and many other of the address. Since then, the IAEA has said those electronic news media, that is what we CHEMICAL AND BIOLOGICAL WEAPONS MUNITIONS were forged documents. Was the administra- see. tion aware of any doubts about these docu- In January 1999, the UN Special Commis- But more importantly, it is not just ments, the authenticity of the documents, sion reported that Iraq failed to provide important as to what our allies think from any government agency or department credible evidence that 550 mustard gas-filled before it was submitted to the IAEA? artillery shells and 400 biological weapon-ca- or what our adversaries think. The Mr. Fleisher: These are matters that are pable aerial bombs had been lost or de- most important people on this stage always reviewed with an eye toward the var- stroyed. are the people wearing the uniform of ious information that comes in and is ana- The Iraqi regime has never adequately ac- the United States. And people who are lyzed by a variety of different people. The counted for hundreds, possibly thousands, of reading the media, watching the media, President’s concerns about Iraq come from tons of chemical precursors. those 140,000 personnel presently sta- multiple places, involving multiple threats Again, what is the Iraqi regime trying to tioned in Iraq are obviously getting an that Iraq can possess, and these are matters hide by not providing this information? impression about the United States that remain discussed. EMPTY CHEMICAL MUNITIONS ‘‘Thank you [end of briefing]. Congress and its position with respect Plainly, more explanation is needed. I urge There is no adequate accounting for nearly to all of the publicity that has ema- you to provide to me and to the relevant 30,000 empty munitions that could be filled nated not just from this body and committees of Congress a full accounting of with chemical agents. statements that have gone out from what you knew about the reliability of the Where are these munitions? this body but also from the other body evidence linking Iraq to uranium in Africa, UNMANNED AERIAL VEHICLES (UAV) PROGRAMS that happened just a couple of days ago when you knew this, and why you and senior Iraq denies any connection between UAV and the headline stories that emanated officials in the Administration presented the programs and chemical or biological agent from that. evidence to the U.N. Security Council, the dispersal. Yet, Iraq admitted in 1995 that a Now, all of us, and I can just say as Congress, and the American people without MIG–21 remote-piloted vehicle tested in 1991 the chairman of my committee, we disclosing the doubts of the CIA. In par- was to carry a biological weapon spray sys- ticular, I urge you to address: tem. have held lots of hearings, lots of brief- (1) Whether CIA officials communicated Iraq already knows how to put these bio- ings. We held full House briefings for their doubts about the credibility of the logical agents into bombs and how to dis- every Member of the House, Democrat forged evidence to other Administration offi- perse biological agent using aircraft or un- and Republican, where they could ask cials, including officials in the Department manned aerial vehicles. our intelligence officers, with no han- of State, the Department of Defense, the Na- Why do they deny what they have already dlers from the White House present, tional Security Council, and the White admitted? Why has the Iraqi regime acquired every single question that they wanted House; the range and auto-flight capabilities to to have answered. We have had full (2) Whether the CIA had any input into the spray biological weapons? ‘‘Fact Sheet’’ distributed by the State De- briefings on armor, on troop deploy- MOBILE BIOLOGICAL WEAPON AGENT FACILITIES partment on December 19, 2002; and ments, on operations. Everybody here (3) Whether the CIA reviewed your state- The Iraqi declaration provides no informa- is competent to answer this question: ment in the State of the Union address re- tion about its mobile biological weapon Should we terminate our deployment garding Iraq’s attempts to obtain uranium agent facilities. Instead it insists that these in Iraq? from Africa and, if so, what the CIA said are ‘‘refrigeration vehicles and food testing Now, of all the issues that we have about the statement. laboratories.’’ studied over the last year or so that we What is the Iraqi regime trying to hide Given the urgency of the situation, I would have been working on, this is certainly appreciate an expeditious response to these about their mobile biological weapon facili- ties? one that we all have a background in questions. now. Nobody can complain now that Sincerely, SUMMARY they have been duped and therefore HENRY A. WAXMAN, None of these holes and gaps in Iraq’s dec- Ranking Minority Member. laration are mere accidents, editing over- this is not a real question or a solid sights or technical mistakes: they are mate- question or an important question to ILLUSTRATIVE EXAMPLES OF OMISSIONS FROM rial omissions. answer. So we are going to let every THE IRAQI DECLARATION TO THE UNITED NA- Mr. GINGREY. Mr. Speaker, I yield 3 Member answer that, and I hope that TIONS SECURITY COUNCIL minutes to the distinguished gen- the message that goes back to our ANTHRAX AND OTHER UNDECLARED BIOLOGICAL troops in Iraq, and I know that the tleman from California (Mr. HUNTER), AGENTS the chairman of the House Armed Serv- message that will go back to our troops The UN Special Commission concluded ices Committee. in Iraq, is that we do not support a pre- that Iraq did not verifiably account for, at a Mr. HUNTER. Mr. Speaker, I thank cipitous pullout from Iraq, and that minimum, 2160kg of growth media. will do more to restore their morale the gentleman for yielding me this This is enough to produce 26,000 liters of than anything else this Congress could time. anthrax—3 times the amount Iraq declared; do. 1200 liters of botulinum toxin; and, 5500 liters Let us make it clear that this is not Mr. MCGOVERN. Mr. Speaker, I yield of clostridium perfrigens—16 times the a stunt. It is not an attack on an indi- myself 10 seconds. amount Iraq declared. vidual. It is a very legitimate question. Why does the Iraqi declaration ignore Can I inquire of the gentleman from JACK MURTHA is a distinguished vet- these dangerous agents in its tally? California how he intends to vote on eran. He is a good friend. We have the resolution that he has introduced BALLISTIC MISSILES joined together on many more defense Iraq has disclosed manufacturing new ener- that does not provide for the protec- issues than we have been apart on, and tion of our troops? getic fuels suited only to a class of missile to he has got an excellent background in which it does not admit. Mr. HUNTER. Mr. Speaker, will the Iraq claims that flight-testing of a larger defense, and he has every right to take gentleman yield? diameter missile falls within the 150km the position that he has taken. We are Mr. MCGOVERN. I yield to the gen- limit. This claim is not credible. all masters of our own opinion and our tleman from California. Why is the Iraqi regime manufacturing own position, and he studied this issue, Mr. HUNTER. Mr. Speaker, I am fuels for missiles it says it does not have? and that is his position. going to vote against a precipitous ter- NUCLEAR WEAPONS The reason I think it is important for mination of our deployment in Iraq. The Declaration ignores efforts to procure this House to speak now before we Mr. MCGOVERN. You are going to uranium from Niger. break for a couple of weeks is because vote against the Hunter amendment.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10968 CONGRESSIONAL RECORD — HOUSE November 18, 2005 Thank you for voting against your own plained fully and then this country Mr. Speaker, I yield 15 seconds to the amendment. could have the benefit of a full discus- gentleman from Wisconsin (Mr. OBEY). Mr. HUNTER. But I am going to sion of where the policy is going, be- Mr. OBEY. Mr. Speaker, I would like allow you to vote ‘‘yes.’’ cause this administration, apparently, to ask the gentleman from California ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE has no clue and has no idea. They po- why he introduced a counterfeit Mur- The SPEAKER pro tempore (Mr. liticized the lead-up going into the tha resolution rather than allowing us SIMPSON). The Chair would advise area, and now you are politicizing how to vote on the real Murtha resolution, Members that it is improper to walk in it is we are going to get this country if he wanted us to vote at all. front of a Member speaking in the well. back in order and out of there. Mr. GINGREY. Mr. Speaker, I yield 2 Mr. MCGOVERN. Mr. Speaker, I yield ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE minutes to the gentleman from Cali- 2 minutes to the gentleman from Mas- The SPEAKER pro tempore. The fornia (Mr. HUNTER). sachusetts (Mr. TIERNEY). Chair would also advise Members to ad- Mr. HUNTER. Mr. Speaker, let me Mr. TIERNEY. Mr. Speaker, the dress their remarks to the Chair and answer my friend. troops in this country are going to be not to other Members. This is a letter from an army captain surprised to find out that the Repub- Mr. GINGREY. Mr. Speaker, I yield in Iraq. He says in this e-mail: ‘‘I am a lican chairman of the House Armed 30 seconds to the gentleman from Cali- U.S. Army captain currently serving in Services Committee filed a resolution fornia (Mr. HUNTER). Iraq, and I am shocked and appalled by saying that it is the sense of the House Mr. HUNTER. Mr. Speaker, I thank Rep Murtha’s call for an immediate of Representatives, apparently as he the gentleman for yielding me this withdrawal. Please, please, please con- sees it, that the deployment of the time. vince your colleague to let us finish United States forces in Iraq be termi- And let me make this point: that the this critical job. He is correct that the nated immediately. Apparently, the resolution is written in precisely the deployments and service and casualties Republican chairman of the House way that I think describes the essence are hard on all of us. He is wrong about Armed Services Committee thinks that of the publicity that has emanated what is demoralizing to us. What is de- we should not have an orderly with- from Washington, D.C. This is a mes- moralizing is a Congress which no drawal of the troops, thinks that we sage that has been sent to our troops; longer stands behind our mission.’’ should not provide for their safety and and if you look at the e-mails coming That is why we are offering this reso- protection on the withdrawal, thinks in, I think the question is well de- lution. That is obviously the message that we should not do the things that scribed, and I think that it manifests that is going out to thousands of serv- Mr. MURTHA suggested that we do. what a lot of people now think, espe- icemen around the world. cially uniformed people in the Iraq the- It is either that, sir, or they are Mr. MCGOVERN. Mr. Speaker, I yield going to think that this is some sort of ater, and it is precisely the question myself such time as I may consume. a trick, that you filed this so that we before the House that the gentleman For 24 hours you maligned a great would have been looking at something will have an absolute right to vote on; Member of this House, a decorated and I would hope that this is not Mr. that Mr. MURTHA did not want us to Vietnam War veteran. You should be MURTHA’s position. He will have a look at. Because if you are concerned ashamed of yourselves. chance to vote ‘‘no’’ on it. about what the message is that the Mr. Speaker, I yield 2 minutes to the Mr. MCGOVERN. Mr. Speaker, I yield troops are getting in Iraq, you would, gentleman from Oregon (Mr. DEFAZIO). in fact, have a full-fledged debate here 10 seconds to the gentleman from Mas- sachusetts (Mr. TIERNEY). b 1715 so that Mr. MURTHA and other Mem- Mr. TIERNEY. Mr. Speaker, I do not bers of both parties could express clear- Mr. DEFAZIO. Mr. Speaker, in re- understand it to ever be the habit of sponse to the speech of one decorated ly and succinctly what it is they be- this institution for a Member on one lieve ought to happen in terms of pol- veteran of this institution, the Repub- side taking it upon himself to interpret lican chairman of the Committee on icy. the meaning of a resolution of a Mem- But that is not what we are seeing Armed Services has taken this position ber on the other side without giving here. You should have a chance for Mr. of that Member, and he has written that Member the courtesy and the re- MURTHA to discuss his idea on pro- this abbreviated, interpreted version spect of allowing them to put forward which mischaracterizes the position of tecting the troops when there is a rede- what the meaning and intention of Mr. MURTHA. This is signed by Mr. ployment or redeploying to over the their own resolution is. I think, sir, HUNTER, and it has a number on it. horizon so that there will not be a you are playing games. spread of terrorism, of making sure Mr. GINGREY. Mr. Speaker, I yield Just think of the mischief al-Zarqawi that any redeployment is made with 15 seconds to the gentleman from Cali- can do with this when he puts it on the Internet. We have a signed document the protection and the safety of the fornia (Mr. HUNTER). troops. But I do not think that is what Mr. HUNTER. Mr. Speaker, let me from the Chair of the—chairman of the is going on here. just reiterate to my friend, he said this Committee on Armed Services asking You talk about your respect for Mr. should not be about Mr. MURTHA, and it for immediate withdrawal. MURTHA. You talk about his known is not about Mr. MURTHA. It is about Now, I have an e-mail, too. We all get knowledge for the military, and yet it the message that has been sent around them. This is from the president of the is you, sir, who comes down here and the world, as evidenced by e-mails Oregon War Veterans Association, who says that the Republican chairman of coming back in from our troops now did disagree with Mr. MURTHA and the House Armed Services Committee who think that the Congress is pulling knows my position against the war. He proposes that the House of Representa- the rug out from under the mission. said, ‘‘I am writing not only to thank tives put their statement and their re- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE you for your service, but also to ask solve that we should deploy imme- The SPEAKER pro tempore. The you to be cautious about politicizing diately from Iraq and not protect our Chair would ask Members to respect the war effort in Iraq. It is our deter- troops, apparently, because it does not the gavel and the time yielded. mination to keep our servicemembers say that, and not provide for their safe- Mr. MCGOVERN. Mr. Speaker, I yield safe from injury that may come from ty, not provide for redeployment some- myself such time as I may consume. pure partisan political sabotage,’’ and where over the horizon so that we will Mr. Speaker, I do not know a single if a fabricated document fabricating be sure that terrorism does not spread Democrat who supports the Hunter res- the position of the chairman of the there and we will be ready for any olution that would basically provide Armed Services Committee with his emergency. for the immediate withdrawal without signature on it which is now winging If instead you want the troops to get the protection for our troops. This is a its way around the world is not pure the message that that is not what we counterfeit. This is an insult to this in- partisan political sabotage, I do not want, then why did you not work with stitution. And to not allow us to have know what is. your delegation over there to make a real debate, to not allow us to bring If you have good sense, you will with- sure that Mr. MURTHA’s resolution up different proposals, I think, under- draw this resolution. We will even give could be proposed and debated and ex- cuts the process. you unanimous consent to do it, Mr.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10969 HUNTER. But if you will not, maybe you for the people of Iraq, and this Repub- utes remaining. The gentleman from can start doing your job: Hold a few lican leadership has instead decided to Georgia has 11⁄2 minutes remaining. hearings and a little bit of oversight in make it a political power play. This is Mr. MCGOVERN. Mr. Speaker, may I what is going on in Iraq, and maybe we a disgusting offense to JACK MURTHA, inquire of the gentleman from Georgia can even act like the bipartisan Senate to every one of our veterans, and, most how many more speakers he has on his and ask that the President report to us importantly, to all of our brave men side. on his goals, objectives and progress in and women serving today. Mr. GINGREY. I have no more speak- Iraq. But none of this has happened in Mr. GINGREY. Mr. Speaker, I yield 1 ers. I reserve the balance of my time this House. This is the only sub- minute to the gentlewoman from Ohio for the purpose of closing. stantive action you have taken on Iraq (Mrs. SCHMIDT), our newest Member. Mr. MCGOVERN. Mr. Speaker, let me since we went in there, and you should Mrs. SCHMIDT. Mr. Speaker, yester- close for our side here. be awfully ashamed. day I stood at Arlington National Cem- Mr. Speaker, sadly, this Republican Mr. GINGREY. Mr. Speaker, I yield 1 etery attending the funeral of a young resolution is consistent with the dis- minute to the gentleman from Michi- Marine from my district. He believed honest political way the Republican gan (Mr. MCCOTTER). what we are doing is the right thing, leadership has acted over the past 31⁄2 Mr. MCCOTTER. Mr. Speaker, first, I and had the courage to lay his life on years. This Congress has not served as wish to make it clear on my part that the line to do it. a check. It has not served as a coequal it is impossible to impugn the char- A few minutes ago I received a call branch of government. This Republican acter of the gentleman from Pennsyl- from Colonel Danny Bubp, Ohio Rep- Congress is only interested in covering vania because we could not do it if we resentative from the 88th District in up for this administration. We have so intended. Like so many of our cit- the House of Representatives. He asked lost over 2,000 American men and izen soldiers, their service did not end me to send Congress a message: ‘‘Stay women in Iraq. Thousands more are with their military career, and they the course.’’ *** wounded. We have spent hundreds of continue to serve our country. Mr. SNYDER. Mr. Speaker, I demand billions of dollars in this war effort, But I would hope that this rule would that the words of the gentlewoman our credibility around the world is at be adopted because this is a question from Ohio (Mrs. SCHMIDT) be taken an all-time low, and this is the best that we have all had to answer. My down. that you can do for our soldiers, this constituents have asked it. It is incum- The SPEAKER pro tempore (Mr. resolution? This is it? This is our de- bent upon me to respond, and I would SIMPSON). The Clerk will report the bate on Iraq? This is what the Amer- think it would be no different today. words. ican people get for all of what they But I would hope the consequence of have gone through, all the sacrifices 1730 this rule being passed and this resolu- b they have made? tion being debated with free vote of Mrs. SCHMIDT. Mr. Speaker, my re- As for this legislation by the gen- conscience on either side of the aisle is marks were not directed at any Mem- tleman from California, which hasn’t that should it fail, is that we then ber of the House, and I did not intend had a hearing and hasn’t had a markup, strive to find a bipartisan plan for vic- to suggest that they applied to any if it comes up, I am going to vote tory in Iraq, and an articulation of our Member, most especially the distin- against it. I think all of us are going to war aims that can motivate the Amer- guished gentleman from Pennsylvania. vote against it because it does not pro- ican people to galvanize behind it. For I therefore ask for unanimous consent vide for the safe and the orderly with- if we do not, whatever happens to this that my words be withdrawn. drawal of our forces. Nobody on this resolution, our resolution to prevail in The SPEAKER pro tempore (Mr. side has said anything other than that. this cause will be gone, and our cause SIMPSON). Is there objection to the re- Let me close with this: to my Repub- will be nil, and the sacrifice will be in quest of the gentlewoman from Ohio? lican friends, JACK MURTHA isn’t afraid vain. Vote for adoption of the rule. Mr. SNYDER. Reserving the right to of you. He has faced down a lot worse Mr. MCGOVERN. Mr. Speaker, I yield object, Mr. Speaker, I appreciate the than some of the pathetic smears that 10 seconds to the gentleman from Mas- gentlewoman’s words. And I accept, as we have heard from the other side sachusetts (Mr. FRANK). one Member, her offer to have her today. And let me be clear to all of Mr. FRANK of Massachusetts. Mr. words withdrawn. But I encourage all you. If you truly oppose this resolu- Speaker, I am confused. When I came of us here tonight to recognize the seri- tion, if you want to honor our soldiers, here, I was told that the Republicans ousness of what we are about and to if you want to do your job and hold this had put the Murtha resolution on for choose our words carefully. Our side is administration accountable, which we debate, and then I saw what they put greatly offended by this process. I sus- are supposed to do, then you should op- on. I was just wondering and I have a pect that you have a fair number of pose this rule. question where they got this. Did they, Members that are not very satisfied If you oppose the rule, we are not by any chance, get it from CBS and with it, either. My suggestion would be going to have to deal with this lousy Dan Rather? that the resolution be withdrawn and bill. We will come back and do it right. Mr. MCGOVERN. Mr. Speaker, I yield we come back and discuss it another To vote for this rule is to politicize a 2 minutes to the gentlewoman from day. war and that is a mistake. All of us New York (Mrs. LOWEY). However, I have no objection, Mr. whether we are for this war or against Mrs. LOWEY. Mr. Speaker, today’s Speaker. this war, whether Republican or Demo- debate should be about one thing, The SPEAKER pro tempore. Without crat or liberal or conservative, we whether or not we believe that this ad- objection, the gentlewoman’s words should not want to politicize this war. ministration and this President are will be stricken. To do so is tragic. pursuing sound and competent policy There was no objection. Mr. Speaker, by moving ahead with in Iraq. Instead, the Republican leader- The SPEAKER pro tempore. The gen- this resolution, we demean the service ship has orchestrated a pathetic, par- tlewoman has 30 seconds remaining. of our soldiers. We demean the families tisan political ploy in an effort to dis- Mrs. SCHMIDT. Mr. Speaker, in the who have lost loved ones in this war. tract the American people from this heart of the spirit of discussion, I have We demean this institution. We need to administration’s failure in Iraq. The received many telephone calls and e- do our job. This is not about a game of Republican leadership is making a mails asking us to show the world that political gotcha. This is about doing mockery of JACK MURTHA’s able and we do support this effort. That is what the right thing, making sure we are on selfless service to his country in a bla- we are here about. That is the debate the right course, that we can disagree tant abuse of power. that is at hand, whether we support about that, but we can respect each This leadership has rushed a resolu- this war or that we do not support this other’s opinion without trying to tion to the floor that bears no resem- war. My constituents, the world, ex- smear one another. blance to JACK MURTHA’s considered pect us to stay the course. And so I would urge all my col- position on Iraq. The war is a matter of The SPEAKER pro tempore. The gen- leagues for the sake of collegiality, for life and death for our servicemen and tleman from Massachusetts has 3 min- the sake of civility in this House, for

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10970 CONGRESSIONAL RECORD — HOUSE November 18, 2005 the sake of doing the right thing for missing in action. Our troops were not led to The SPEAKER pro tempore. The the people of this country and espe- believe that their lives would be lost in a Chair is uncertain what the gentle- cially for our troops overseas vote counterinsurgency movement. Our troops are woman is asking. The rule is under down this rule. Vote down this rule. trained to fight force on force. The challenge consideration. Let’s end this right now, and let’s come America faces in the Islamic and Arab world is Ms. JACKSON-LEE of Texas. I appre- back and let’s do it right and let’s get being made worse every day by the Bush Ad- ciate the indulgence of the Speaker. the American people what they de- ministration’s miscalculations and misreading We have now had an amended rule. My serve: a real, thorough, honest debate of the enemy. Every day, we see the Bush question is—— and discussion on the war in Iraq. Administration wins us fewer friends. The SPEAKER pro tempore. The rule With that, Mr. Speaker, I yield back America will win when the people we are has not yet been amended. An amend- my time. trying to liberate believe we are their friends, ment has been proposed. Mr. GINGREY. Mr. Speaker, I close not their enemies. 80% of Iraqis are strongly Ms. JACKSON-LEE of Texas. We may this debate by thanking the various opposed to the presence of coalition troops ultimately have it. My question is, if Members of this body from the chair- and nearly half of the Iraqi population believe the rule passes, can we still have the men who have shepherded these legis- attacks against American troops are justified. opportunity to have the actual bill lative initiatives to the conferees This is not a prescription for victory. The time withdrawn? whose hard work has given this House for the Murtha Plan to begin is now. The SPEAKER pro tempore. A meas- the opportunity to move our legislative Thank you JACK MURTHA for placing your life ure may be withdrawn from consider- agenda forward. While this process may in the line of fire for our troops and for free- ation at any time before the House has not be perfect, Mr. Speaker, it is at the dom. Your resolution has a right to be heard acted thereon by decision or amend- end of the day a process in which Mem- and debated as a way forward to freedom. ment. bers can work together through com- AMENDMENT OFFERED BY MR. GINGREY Ms. JACKSON-LEE of Texas. Thank promise and long hours to complete the Mr. GINGREY. Mr. Speaker, I offer you, Mr. Speaker. That is my question. work of the American people. an amendment. The SPEAKER pro tempore. Without This is good governance; and, Mr. The Clerk read as follows: objection, the previous question is or- Speaker, good governance is never Amendment offered by Mr. GINGREY of dered on the amendment and on the easy, but it never should be. This is se- Georgia: resolution. rious work and the American people Add at the end the following: (5) A resolution relating to U.S. forces in There was no objection. deserve every ounce of our attention Iraq. The SPEAKER pro tempore. The and every ounce of our labor to see PARLIAMENTARY INQUIRY question is on the amendment offered their agenda realized. Again, I would Mr. MCGOVERN. Mr. Speaker, I have by the gentleman from Georgia (Mr. like to urge my colleagues to join me a parliamentary inquiry. GINGREY). in supporting this resolution. The SPEAKER pro tempore. The gen- The amendment was agreed to. Ms. KAPTUR. Mr. Speaker, I rise in opposi- tleman will state it. The SPEAKER pro tempore. The tion to the misguided Hunter troop withdrawal Mr. MCGOVERN. Mr. Speaker, I question is on the resolution, as resolution. How irresponsible this is. think a number of people on this side amended. Instead, let me thank Congressman and of the aisle and maybe on the other The question was taken; and the Marine JACK MURTHA. side of the aisle did not hear what the Speaker pro tempore announced that Thank you for your patriotism. amendment is. Could it be repeated, the noes appeared to have it. Thank you for your honorable discernment please? Mr. GINGREY. Mr. Speaker, on that of duty . . . to America . . . to our troops The SPEAKER pro tempore. Without I demand the yeas and nays. . . . to the cause of victory and freedom in objection, the Clerk will re-report the The yeas and nays were ordered. Iraq. Your judicious resolution deserves hear- amendment. The vote was taken by electronic de- ing by the American people, our troops and There was no objection. vice, and there were—yeas 211, nays this House. The Clerk re-reported the amend- 204, not voting 18, as follows: Yesterday, you stood high on this Hill. Your ment. [Roll No. 606] message reached the American people. And it The SPEAKER pro tempore. Without YEAS—211 reached our troops and their commanders. objection, the previous—— Aderholt Cole (OK) Granger Unlike the Bush Administration, you have a Mr. MCGOVERN. Mr. Speaker, I re- Akin Conaway Graves plan for Iraq. Your plan is real. It says: serve the right to object. Alexander Crenshaw Green (WI) Within six months, redeploy our troops con- The SPEAKER pro tempore. The gen- Bachus Cubin Gutknecht sistent with their safety. tleman has offered an amendment to Baker Culberson Harris Barrett (SC) Davis (KY) Hart Create a quick reaction force in the region. the resolution. A vote will occur on the Barton (TX) Davis, Jo Ann Hastings (WA) Back that up with an over-the-horizon pres- amendment to the resolution. Bass Davis, Tom Hayes ence of Marines. Mr. MCGOVERN. I withdraw my res- Biggert Deal (GA) Hayworth Push the diplomacy button hard to secure ervation of objection, Mr. Speaker. Bilirakis DeLay Hefley Bishop (UT) Dent Hensarling and stabilize Iraq. PARLIAMENTARY INQUIRY Blackburn Diaz-Balart, L. Herger You don’t want America’s soldiers to be Ms. JACKSON-LEE of Texas. Par- Blunt Diaz-Balart, M. Hobson viewed as the enemy of freedom. For indeed liamentary inquiry, Mr. Speaker. Boehlert Doolittle Hoekstra Boehner Drake Hulshof they are its champions. The SPEAKER pro tempore. The gen- Bonilla Dreier Hunter You spoke the truth when you said our sol- tlewoman may state her inquiry. Bonner Duncan Hyde diers have been made the victims of freedom Ms. JACKSON-LEE of Texas. My in- Bono Ehlers Inglis (SC) in a growing counterinsurgency movement in- quiry is if this amendment is voted on, Boozman Emerson Issa Boustany English (PA) Istook side Iraq caused by the Bush-Cheney Admin- does this mean that the underlying res- Bradley (NH) Everett Jenkins istration’s bungling, misleading, distorting and olution could not be withdrawn as we Brady (TX) Feeney Johnson (CT) propagandizing of this war. would like for it to be so that we can Brown (SC) Ferguson Johnson (IL) You were right in letting the American peo- Brown-Waite, Fitzpatrick (PA) Johnson, Sam debate in a civil manner the discussion Ginny Foley Keller ple know that since Abu Gharib the Bush-Che- of our troops in Iraq? Burgess Forbes Kelly ney Administration has lost U.S. moral author- The SPEAKER pro tempore. The Burton (IN) Fortenberry Kennedy (MN) ity in the Middle East. Since Abu Gharib, House is debating a rule that would en- Buyer Foxx King (IA) Calvert Franks (AZ) King (NY) American casualties have doubled. Since last able the debate of a resolution. Camp Frelinghuysen Kingston year, insurgent incidents have increased from Ms. JACKSON-LEE of Texas. Mr. Cannon Garrett (NJ) Kirk about 150 per week to over 700 last year. Speaker, if I might restate, if this reso- Cantor Gerlach Kline Yes, winning means winning the hearts and lution is voted on and it succeeds, is Capito Gibbons Knollenberg Carter Gillmor Kolbe minds of the people, over there, not just here. there then an opportunity to have by Castle Gingrey Kuhl (NY) Victory means political victory as well as mili- unanimous consent the resolution Chabot Gohmert Latham tary victory. Our military has done everything itself withdrawn? Does this block the Chocola Goode LaTourette asked of them. Our diplomats have been withdrawal of the resolution? Coble Goodlatte Lewis (CA)

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10971 Lewis (KY) Petri Shimkus Udall (CO) Wasserman Weiner Sec. 132. Biennial reports to Congress on Linder Pickering Shuster Udall (NM) Schultz Wexler science programs. LoBiondo Pitts Simmons Van Hollen Waters Woolsey Sec. 133. Status report on Hubble Space Tel- Lucas Platts Smith (NJ) Vela´ zquez Watson Wu escope servicing mission. Lungren, Daniel Poe Smith (TX) Visclosky Watt Wynn E. Pombo Sodrel Waxman Sec. 134. Develop expanded permanent Mack Porter Souder human presence beyond low- Manzullo Price (GA) Stearns NOT VOTING—18 Earth orbit. Marchant Pryce (OH) Sullivan Beauprez Fossella Miller, Gary Sec. 135. Ground-based analog capabilities. McCaul (TX) Putnam Sweeney Berman Gallegly Moran (KS) Sec. 136. Space launch and transportation McCotter Radanovich Tancredo Boswell Hall Paul transition, capabilities, and de- McCrery Ramstad Taylor (NC) Boyd Jindal Peterson (PA) velopment. McHenry Regula Terry Cunningham Kind Shadegg Sec. 137. Lessons learned and best practices. McHugh Rehberg Thomas Flake LaHood Towns Sec. 138. Safety management. McKeon Reichert Thornberry McMorris Renzi Tiahrt b 1805 Sec. 139. Creation of a budget structure that aids effective oversight and Mica Reynolds Tiberi Mr. FORTENBERRY changed his Miller (FL) Rogers (AL) Turner management. Miller (MI) Rogers (KY) Upton vote from ‘‘nay’’ to ‘‘yea.’’ Sec. 140. Earth observing system. Murphy Rogers (MI) Walden (OR) So the resolution, as amended, was Sec. 141. NASA healthcare program. Musgrave Rohrabacher Walsh agreed to. Sec. 142. Assessment of extension of data Myrick Ros-Lehtinen Wamp The result of the vote was announced collection from Ulysses and Neugebauer Royce Weldon (FL) Voyager spacecraft. Ney Ryan (WI) Weldon (PA) as above recorded. Northup Ryun (KS) Weller A motion to reconsider was laid on Sec. 143. Program to expand distance learn- Norwood Saxton Westmoreland the table. ing in rural underserved areas. Nunes Schmidt Whitfield Sec. 144. Institutions in NASA’S minority Nussle Schwarz (MI) Wicker Stated against: institutions program. Osborne Sensenbrenner Wilson (NM) Mr. BERMAN. Mr. Speaker, due to a death Sec. 145. Aviation safety program. Otter Sessions Wilson (SC) in the family, I was unable to vote on H. Res. Sec. 146. Atmospheric, geophysical, and Oxley Shaw Wolf 563. Had I been present, I would have voted rocket research authorization. Pearce Shays Young (AK) Sec. 147. Orbital debris. Pence Sherwood Young (FL) ‘‘no.’’ Sec. 148. Continuation of certain edu- f NAYS—204 cational programs. NATIONAL AERONAUTICS AND Sec. 149. Establishment of the Charles Abercrombie Frank (MA) Michaud SPACE ADMINISTRATION AU- ‘‘Pete’’ Conrad Astronomy Ackerman Gilchrest Millender- Awards Program. Allen Gonzalez McDonald THORIZATION ACT OF 2005 Andrews Gordon Miller (NC) Sec. 150. GAO assessment of feasibility of Baca Green, Al Miller, George Mr. BOEHLERT. Mr. Speaker, I ask Moon and Mars exploration Baird Green, Gene Mollohan unanimous consent to take from the missions. Baldwin Grijalva Moore (KS) Speaker’s table the Senate bill (S. 1281) Sec. 151. Workforce. Barrow Gutierrez Moore (WI) to authorize appropriations for the Na- Sec. 152. Major research equipment and fa- Bartlett (MD) Harman Moran (VA) tional Aeronautics and Space Adminis- cilities. Bean Hastings (FL) Murtha Sec. 153. Data on specific fields of study. Becerra Herseth Nadler tration for science, aeronautics, explo- Berkley Higgins Napolitano ration, exploration capabilities, and SUBTITLE C—LIMITATIONS AND SPECIAL Berry Hinchey Neal (MA) AUTHORITY Bishop (GA) Hinojosa Oberstar the Inspector General, and for other purposes, for fiscal years 2006, 2007, Sec. 161. Official representational fund. Bishop (NY) Holden Obey Sec. 162. Facilities management. Blumenauer Holt Olver 2008, 2009, and 2010, and ask for its im- Boren Honda Ortiz mediate consideration in the House. TITLE II—INTERNATIONAL SPACE Boucher Hooley Owens The Clerk read the title of the Senate STATION Brady (PA) Hostettler Pallone Sec. 201. International Space Station com- Brown (OH) Hoyer Pascrell bill. Brown, Corrine Inslee Pastor pletion. The SPEAKER pro tempore (Mr. Sec. 202. Research and support capabilities Butterfield Israel Payne SIMPSON). Is there objection to the re- Capps Jackson (IL) Pelosi on international Space Station. Capuano Jackson-Lee Peterson (MN) quest of the gentleman from New Sec. 203. National laboratory status for Cardin (TX) Pomeroy York? International Space Station. Cardoza Jefferson Price (NC) There was no objection. Sec. 204. Commercial support of Inter- Carnahan Johnson, E. B. Rahall The Clerk read the Senate bill, as fol- national Space Station oper- Carson Jones (NC) Rangel ations and utilization. Case Jones (OH) Reyes lows: Sec. 205. Use of the International Space Sta- Chandler Kanjorski Ross S. 1281 Clay Kaptur Rothman tion and annual report. Be it enacted by the Senate and House of Rep- Cleaver Kennedy (RI) Roybal-Allard TITLE III—NATIONAL SPACE resentatives of the United States of America in Clyburn Kildee Ruppersberger TRANSPORTATION POLICY Conyers Kilpatrick (MI) Rush Congress assembled, Sec. 301. United States human-rated launch Cooper Kucinich Ryan (OH) SECTION 1. SHORT TITLE; TABLE OF CONTENTS. capacity assessment. Costa Langevin Sabo (a) SHORT TITLE.—This Act may be cited as Sec. 302. Space Shuttle transition. Costello Lantos Salazar ‘‘National Aeronautics and Space Adminis- Cramer Larsen (WA) Sa´ nchez, Linda Sec. 303. Commercial launch vehicles. Crowley Larson (CT) T. tration Authorization Act of 2005’’. Sec. 304. Secondary payload capability. Cuellar Leach Sanchez, Loretta (b) TABLE OF CONTENTS.—The table of con- Sec. 305. Power and propulsion reporting. Cummings Lee Sanders tents for this Act is as follows: Sec. 306. Utilization of NASA field centers Davis (AL) Levin Schakowsky Sec. 1. Short title; table of contents. and workforce. Davis (CA) Lewis (GA) Schiff Sec. 2. Findings. Davis (FL) Lipinski Schwartz (PA) TITLE IV—ENABLING COMMERCIAL Sec. 3. Definitions. Davis (IL) Lofgren, Zoe Scott (GA) ACTIVITY TITLE I—AUTHORIZATION OF Davis (TN) Lowey Scott (VA) Sec. 401. Commercialization plan. DeFazio Lynch Serrano APPROPRIATIONS DeGette Maloney Sherman Sec. 402. Commercial technology transfer SUBTITLE A—AUTHORIZATIONS Delahunt Markey Simpson program. DeLauro Marshall Skelton Sec. 101. Fiscal year 2006. Sec. 403. Authority for competitive prize Dicks Matheson Slaughter Sec. 102. Fiscal year 2007. program to encourage develop- Dingell Matsui Smith (WA) Sec. 103. Fiscal year 2008. ment of advanced space and Doggett McCarthy Snyder Sec. 104. Fiscal year 2009. aeronautical technologies. Doyle McCollum (MN) Solis Sec. 105. Fiscal year 2010. Sec. 404. Commercial goods and services. Edwards McDermott Spratt Sec. 106. Evaluation criteria for budget re- Emanuel McGovern Stark TITLE V—AERONAUTICS RESEARCH AND Engel McIntyre Strickland quest. DEVELOPMENT Eshoo McKinney Stupak SUBTITLE B—GENERAL PROVISIONS Sec. 501. Governmental interest in aero- Etheridge McNulty Tanner Sec. 131. Implementation of a science pro- nautics. Evans Meehan Tauscher Farr Meek (FL) Taylor (MS) gram that extends human Sec. 502. National policy for aeronautics re- Fattah Meeks (NY) Thompson (CA) knowledge and understanding search and development. Filner Melancon Thompson (MS) of the Earth, sun, solar system, Sec. 503. High priority aeronautics research Ford Menendez Tierney and the universe. and development programs.

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Sec. 504. Test facilities. (1) ADMINISTRATOR.—The term ‘‘Adminis- (1) conduct a rich and vigorous set of Sec. 505. Miscellaneous provisions. trator’’ means the Administrator of the Na- science activities aimed at better com- TITLE VI—MISCELLANEOUS tional Aeronautics and Space Administra- prehension of the universe, solar system, and ADMINISTRATIVE IMPROVEMENTS. tion. Earth, and ensure that the various areas Sec. 601. Extension of indemnification au- (2) ISS.—The term ‘‘ISS’’ means the Inter- within NASA’s science portfolio are devel- thority. national Space Station. oped and maintained in a balanced and Sec. 602. Intellectual property provisions. (3) NASA.—The term ‘‘NASA’’ means the healthy manner, and, as part of this bal- Sec. 603. Retrocession of jurisdiction. National Aeronautics and Space Administra- anced science research program, provide, to Sec. 604. Recovery and disposition author- tion. the maximum extent feasible, continued sup- ity. (4) SHUTTLE-DERIVED VEHICLE.—The term port and funding for the Magnetospheric Sec. 605. Requirement for independent cost ‘‘shuttle-derived vehicle’’ means any new Multiscale Mission, SIM-Planet Quest, and analysis. space transportation vehicle, piloted or Future Explorers programs, including deter- Sec. 606. Electronic access to business op- unpiloted, that— mining whether these delayed missions and portunities. (A) is capable of supporting crew or cargo planned missions can be expedited to meet Sec. 607. Reports elimination. missions; and previous schedules, and may place a greater Sec. 608. Small business contracting. (B) uses a major component of NASA’s emphasis on science, including the programs Sec. 609. Government accountability office Space Transportation System, such as the described in this paragraph, throughout the review and report. solid rocket booster, external tank, engine, fiscal years for which funds are authorized SEC. 2. FINDINGS. and orbiter. by this Act (and for this purpose, of the The Congress finds the following: (5) IN-SITU RESOURCE UTILIZATION.—The funds authorized by section 101(1) of this Act, (1) It is the policy of the United States to term ‘‘in-situ resource utilization’’ means no less than $5,341,200,000 shall be for science, advance United States scientific, security, the technology or systems that can convert and of the funds authorized by section 102(1) and economic interests through a healthy indigenous or locally-situated substances of this Act, no less than $5,960,300,000 shall be and active space exploration program. into useful materials and products. for science); (2) plan projected Mars exploration activi- (2) Basic and applied research in space TITLE I—AUTHORIZATION OF ties in the context of planned lunar robotic science, Earth science, and aeronautics re- APPROPRIATIONS precursor missions, ensuring the ability to main a significant part of the Nation’s goals Subtitle A—Authorizations for the use and development of space. Basic conduct a broad set of scientific investiga- SEC. 101. FISCAL YEAR 2006. tions and research around and on the Moon’s research and development is an important There are authorized to be appropriated to surface; component of NASA’s program of explo- the National Aeronautics and Space Admin- (3) upon successful completion of the ration and discovery. istration, for fiscal year 2006, $16,556,400,000, planned return-to-flight schedule of the (3) Maintaining the capability to safely as follows: Space Shuttle, determine the schedule for a send humans into space is essential to (1) For science, aeronautics and explo- Shuttle servicing mission to the Hubble United States national and economic secu- ration, $9,661,000,000 for the following pro- Space Telescope, unless such a mission rity, United States preeminence in space, grams (including amounts for construction would compromise astronaut or safety or the and inspiring the next generation of explor- of facilities). integrity of NASA’s other missions; ers. Thus, a gap in United States human (2) For exploration capabilities, (4) ensure that, in implementing the provi- space flight capability is harmful to the na- $6,863,000,000, (including amounts for con- sions of this section, appropriate inter-agen- tional interest. struction of facilities), which shall be used cy and commercial collaboration opportuni- (4) The exploration, development, and per- for space operations, and out of which ties are sought and utilized to the maximum manent habitation of the Moon will inspire $100,000,000 shall be used for the purposes of feasible extent; the Nation, spur commerce, imagination, section 202 of this Act. (5) seek opportunities to diversify the and excitement around the world, and open (3) For the Office of Inspector General, flight opportunities for scientific Earth the possibility of further exploration of $32,400,000. science instruments and seek innovation in Mars. NASA should return to the Moon with- SEC. 102. FISCAL YEAR 2007. the development of instruments that would in the next decade. There are authorized to be appropriated to enable greater flight opportunities; (5) The establishment of the capability for the National Aeronautics and Space Admin- (6) develop a long term sustainable rela- consistent access to and stewardship of the istration, for fiscal year 2007, $17,052,900,000, tionship with the United States commercial region between the Moon and Earth is in the as follows: remote sensing industry, and, consistent national security and commercial interests (1) $10,549,800,000 for science, aeronautics with applicable policies and law, to the max- of the United States. and exploration (including amounts for con- imum practical extent, rely on their serv- (6) Commercial development of space, in- struction of facilities). ices; cluding exploration and other lawful uses, is (2) For exploration capabilities, (7) in conjunction with United States in- in the interest of the United States and the $6,469,600,000, for the following programs (in- dustry and universities, develop Earth international community at large. cluding amounts for construction of facili- science applications to enhance Federal, (7) Research and access to capabilities to ties), of which $6,469,600,000 shall be for space State, local, and tribal governments that use support a national laboratory facility within operations. government and commercial remote sensing the United States segment of the ISS in low- (3) For the Office of Inspector General, capabilities and other sources of geospatial Earth orbit are in the national policy inter- $33,500,000. information to address their needs; ests of the United States, including mainte- SEC. 103. FISCAL YEAR 2008. (8) plan, develop, and implement a near- nance and development of an active and There are authorized to be appropriated to Earth object survey program to detect, healthy stream of research from ground to the National Aeronautics and Space Admin- track, catalogue, and characterize the phys- space in areas that can uniquely benefit from istration, for fiscal year 2008, $17,470,900,000. ical characteristics of near-Earth asteroids access to this facility. SEC. 104. FISCAL YEAR 2009. and comets in order to assess the threat of (8) NASA should develop vehicles to re- There are authorized to be appropriated to such near-Earth objects in impacting the place the Shuttle orbiter’s capabilities for the National Aeronautics and Space Admin- Earth; and transporting crew and heavy cargo while uti- istration, for fiscal year 2009, $17,995,000,000. (9) ensure that, of the amount expended for lizing the current program’s resources, in- SEC. 105. FISCAL YEAR 2010. aeronautics, a significant portion is directed cluding human capital, capabilities, and in- There are authorized to be appropriated to toward the Vehicle System Program, as frastructure. Using these resources can ease the National Aeronautics and Space Admin- much of the basic, long-term, high-risk, and the transition to a new space transportation istration, for fiscal year 2010, $18,534,900,000. innovative research in aeronautical dis- system, maintain an essential industrial SEC. 106. EVALUATION CRITERIA FOR BUDGET ciplines is performed within that program. base, and minimize technology and safety REQUEST. SEC. 132. BIENNIAL REPORTS TO CONGRESS ON risks. It is the sense of the Congress that each SCIENCE PROGRAMS. (9) The United States must remain the budget of the United States submitted to the (a) IN GENERAL.—Within 180 days after the leader in aeronautics and aviation. Any ero- Congress after the date of enactment of this date of enactment of this Act and every 2 sion of this preeminence is not in the Na- Act should be evaluated for compliance with years thereafter, the Administrator shall tion’s economic or security interest. NASA the findings and priorities established by transmit a report to the Senate Committee should align its aerospace leadership to en- this Act and the amendments made by this on Commerce, Science, and Transportation sure United States leadership. A national ef- Act. and the House of Representatives Committee fort is needed to ensure that NASA’s aero- Subtitle B—General Provisions on Science setting forth in detail— nautics programs are leading contributors to (1) the findings and actions taken on SEC. 131. IMPLEMENTATION OF A SCIENCE PRO- the Nation’s civil and military aviation NASA’s assessment of the balance within its needs, as well as to its exploration capabili- GRAM THAT EXTENDS HUMAN KNOWLEDGE AND UNDERSTANDING science portfolio and any efforts to adjust ties. OF THE EARTH, SUN, SOLAR SYSTEM, that balance among the major program SEC. 3. DEFINITIONS. AND THE UNIVERSE. areas, including the areas referred to in sec- In this Act: The Administrator shall— tion 131;

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10973 (2) any activities undertaken by the Ad- SEC. 135. GROUND-BASED ANALOG CAPABILITIES. (3) by inserting ‘‘and the Congress’’ after ministration to conform with the Sun-Earth (a) IN GENERAL.—The Administrator shall ‘‘advise the Administrator’’; science and applications direction provided establish a ground-based analog capability in (4) by striking ‘‘and with respect to the in section 131; and remote United States locations in order to adequacy of proposed or existing safety (3) efforts to enhance near-Earth object de- assist in the development of lunar oper- standards and shall’’ and inserting ‘‘with re- tection and observation. ations, life support, and in-situ resource uti- spect to the adequacy of proposed or existing (b) EXTERNAL REVIEW FINDINGS.—The Ad- lization experience and capabilities. safety standards, and with respect to man- ministrator shall include in each report sub- (b) LOCATIONS.—The Administrator shall agement and culture. The Panel shall also’’; mitted under this section a summary of find- select locations for subsection (a) in places and ings and recommendations from any external that— (5) by adding at the end the following: reviews of the Administration’s science mis- (1) are regularly accessible; ‘‘(b) ANNUAL REPORT.—The Panel shall sub- sion priorities and programs. (2) have significant temperature extremes mit an annual report to the Administrator SEC. 133. STATUS REPORT ON HUBBLE SPACE and range; and and to the Congress. In the first annual re- TELESCOPE SERVICING MISSION. (3) have access to energy and natural re- port submitted after the date of enactment Within 60 days after the landing of the sec- sources (including geothermal, permafrost, of the National Aeronautics and Space Ad- ond Space Shuttle mission for return-to- volcanic, and other potential resources). ministration Authorization Act of 2005, the (c) INVOLVEMENT OF LOCAL POPULATIONS; flight certification, the Administrator shall Panel shall include an evaluation of NASA’s PRIVATE SECTOR PARTNERS.—In carrying out transmit to the Senate Committee on Com- safety management culture. this section, the Administrator shall involve merce, Science, and Transportation and the ‘‘(c) SENSE OF THE CONGRESS.—It is the local populations, academia, and industrial House of Representatives Committee on sense of the Congress that the Administrator partners as much as possible to ensure that Science a one-time status report on a Hubble should— ground-based benefits and applications are Space Telescope servicing mission. ‘‘(1) ensure that NASA employees can raise encouraged and developed. SEC. 134. DEVELOP EXPANDED PERMANENT safety concerns without fear of reprisal; SEC. 136. SPACE LAUNCH AND TRANSPORTATION HUMAN PRESENCE BEYOND LOW- ‘‘(2) continue to follow the recommenda- TRANSITION, CAPABILITIES, AND DE- EARTH ORBIT. tions of the Columbia Accident Investigation VELOPMENT. Board for safely returning and continuing to (a) IN GENERAL.—As part of the programs (a) POST-ORBITER TRANSITION.—The Admin- authorized under the National Aeronautics fly; and istrator shall develop an implementation ‘‘(3) continue to inform the Congress from and Space Act of 1958 (42 U.S.C. 2451 et seq.), plan for the transition to a new crew explo- the Administrator shall establish a program time to time of NASA’s progress in meeting ration vehicle and heavy-lift launch vehicle those recommendations.’’. to develop a permanently sustained human that uses the personnel, capabilities, assets, presence on the Moon, in tandem with an ex- and infrastructure of the Space Shuttle to SEC. 139. CREATION OF A BUDGET STRUCTURE tensive precursor program, to support secu- THAT AIDS EFFECTIVE OVERSIGHT the fullest extent possible and addresses how AND MANAGEMENT. rity, commerce, and scientific pursuits, and NASA will accommodate the docking of the as a stepping-stone to future exploration of In developing NASA’s budget request for crew exploration vehicle to the ISS. inclusion in the Budget of the United States Mars. The Administrator is further author- (b) AUTOMATED RENDEZVOUS AND DOCK- for fiscal year 2007 and thereafter, the Ad- ized to develop and conduct international ING.—The Administrator is directed to pur- ministrator shall— collaborations in pursuit of these goals, as sue aggressively automated rendezvous and (1) include line items for— appropriate. docking capabilities that can support ISS (A) science, aeronautics, and exploration; (b) REQUIREMENTS.—In carrying out this and other mission requirements and include (B) exploration capabilities; and section, the Administrator shall— these activities, progress reports, and plans (C) the Office of the Inspector General; (1) implement an effective exploration in the implementation plan. (2) enumerate separately, within the technology program that is focused around (c) CONGRESSIONAL SUBMISSION.—Within 120 the key needs to support lunar human and days after the date of enactment of this Act science, aeronautics, and exploration ac- robotic operations; the Administrator shall submit a copy of the count, the requests for— (2) as part of NASA’s annual budget sub- implementation plan to the Senate Com- (A) space science; mission, submit to the Congress the detailed mittee on Commerce, Science, and Transpor- (B) Earth science; and mission, schedule, and budget for key lunar tation and the House of Representatives (C) aeronautics; mission-enabling technology areas, including Committee on Science. (3) include, within the exploration capa- bilities account, the requests for— areas for possible innovative governmental SEC 137. LESSONS LEARNED AND BEST PRAC- and commercial activities and partnerships; TICES. (A) the Space Shuttle; and (3) as part of NASA’s annual budget sub- (a) IN GENERAL.—The Administrator shall (B) the ISS; and mission, submit to the Congress a plan for provide an implementation plan describing (4) enumerate separately the specific re- NASA’s lunar robotic precursor and tech- NASA’s approach for obtaining, imple- quest for the independent technical author- nology programs, including current and menting, and sharing lessons learned and ity within the appropriate account. planned technology investments and sci- best practices for its major programs and SEC. 140. EARTH OBSERVING SYSTEM. entific research that support the lunar pro- projects within 180 days after the date of en- (a) IN GENERAL.—Within 6 months after the gram; actment of this Act. The implementation date of enactment of this Act, the Adminis- (4) conduct an intensive in-situ resource plan shall be updated and maintained to as- trator, in consultation with the Adminis- utilization technology program in order to sure that it is current and consistent with trator of the National Oceanic and Atmos- develop the capability to use space resources the burgeoning culture of learning and safe- pheric Administration and the Director of to increase independence from Earth, and ty that is emerging at NASA. the United States Geological Survey, shall sustain exploration beyond low-Earth orbit; (b) REQUIRED CONTENT.—The implementa- submit a plan to the Senate Committee on (5) conduct a program to assure the health tion plan shall contain as a minimum the Commerce, Science, and Transportation and and safety of astronauts during extended lessons learned and best practices require- the House of Representatives Committee on space exploration missions which include ments for NASA, the organizations or posi- Science to ensure the long-term vitality of more effective countermeasures to mitigate tions responsible for enforcement of the re- the earth observing system at NASA. deleterious effects of such missions, and the quirements, the reporting structure, and the (b) PLAN REQUIREMENTS.—The plan shall— means to provide in-space exploration med- objective performance measures indicating (1) address such issues as— ical care delivery to crews with little or no the effectiveness of the activity. (A) out-year budgetary projections; real-time support from Earth, relevant (c) INCENTIVES.—The Administrator shall (B) technical requirements for the system; issues such as radiation exposure, exercise provide incentives to encourage sharing and and countermeasures, cardiac health, diagnostic implementation of lessons learned and best (C) integration into the Global Earth Ob- and monitoring devices, and medical imag- practices by employees, projects, and pro- serving System of Systems; and ing; grams; as well as penalties for programs and (2) evaluate— (6) utilize advanced power and propulsion projects that are determined not to have (A) the need to proceed with any NASA technologies, including nuclear and electric demonstrated use of those resources. missions that have been delayed or canceled; technologies, to enable or enhance robotic SEC. 138. SAFETY MANAGEMENT. (B) plans for transferring needed capabili- and human exploration missions when fea- Section 6 of the National Aeronautics and ties from some canceled or de-scoped mis- sible; and Space Administration Authorization Act, sions to the National Polar-orbiting Envi- (7) develop a robust technology develop- 1968 (42 U.S.C. 2477) is amended— ronmental Satellite System; ment program to provide surface power for (1) by inserting ‘‘(a) IN GENERAL.—’’ before (C) the technical base for exploratory earth use on the Moon and other locations relevant ‘‘There’’; observing systems, including new satellite to NASA space exploration goals which, to (2) by striking ‘‘to it’’ and inserting ‘‘to it, architectures and instruments that enable the extent feasible, address needs for mod- including evaluating NASA’s compliance global coverage, all-weather, day and night ular, scalable power sources for a range of with the return-to-flight and continue-to-fly imaging of the Earth’s surface features; applications on the Moon including human recommendations of the Columbia Accident (D) the need to strengthen research and and vehicular uses. Investigation Board,’’; analysis programs; and

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The strategy shall ensure this section, the term ‘‘earth observing sys- to assist and train pilots in navigating chal- that current personnel are utilized, to the tem’’ means the series of satellites, a science lenging topographical features of such ter- maximum extent feasible, in implementing component, and a data system for long-term rain. the vision for space exploration and NASA’s global observations of the land surface, bio- SEC. 146. ATMOSPHERIC, GEOPHYSICAL, AND other programs. The strategy shall cover the sphere, solid Earth, atmosphere, and oceans. ROCKET RESEARCH AUTHORIZA- period through fiscal year 2011. SEC. 141. NASA HEALTHCARE PROGRAM. TION. (b) CONTENT.—The strategy shall describe, The Administrator shall develop policies, There are authorized to be appropriated to at a minimum— procedures, and plans necessary for— the Administrator for atmospheric, geo- (1) any categories of employees NASA in- (1) the establishment of a lifetime physical, or rocket research at the Poker tends to reduce, the expected size and timing healthcare program for NASA astronauts Flat Research Range and the Kodiak Launch of those reductions, the methods NASA in- and their families; and Complex, not more than $1,000,000 for each of tends to use to make the reductions, and the (2) the study and analysis of the healthcare fiscal years 2006 through 2010. reasons NASA no longer needs those employ- data obtained in order to understand the lon- SEC. 147. ORBITAL DEBRIS. ees; gitudinal health effects of space flight on hu- The Administrator, in conjunction with (2) any categories of employees NASA in- mans better. the heads of other Federal agencies, shall tends to increase, the expected size and tim- SEC. 142. ASSESSMENT OF EXTENSION OF DATA take steps to develop or acquire technologies ing of those increases, the methods NASA in- COLLECTION FROM ULYSSES AND that will enable NASA to decrease the risks tends to use to recruit the additional em- VOYAGER SPACECRAFT. associated with orbital debris. ployees, and the reasons NASA needs those (a) ASSESSMENT.—Not later than 60 days SEC. 148. CONTINUATION OF CERTAIN EDU- employees; after the date of the enactment of this Act, CATIONAL PROGRAMS. (3) the steps NASA will use to retain need- the Administrator shall carry out an assess- From amounts appropriated to NASA for ed employees; and ment of the costs and benefits of extending, educational programs, the Administrator (4) the budget assumptions of the strategy, to such date as the Administrator considers shall ensure continuation of the Space Grant which for fiscal years 2006 and 2007 shall be appropriate for purposes of the assessment, Program, the Experimental Program to consistent with the authorizations provided the date of the termination of data collec- Stimulate Competitive Research, and the in subtitle A, and any expected additional tion from the Ulysses spacecraft and the NASA Explorer School to motivate and de- costs or savings from the strategy by fiscal Voyager spacecraft. velop the next generation of explorers. year. (b) REPORT.—Not later than 30 days after SEC. 149. ESTABLISHMENT OF THE CHARLES (c) SCHEDULE.—The Administrator shall completing the assessment required by sub- ‘‘PETE’’ CONRAD ASTRONOMY transmit the strategy developed under this section (a), the Administrator shall submit a AWARDS PROGRAM. section to the Senate Committee on Com- report on the assessment to the Senate Com- (a) IN GENERAL.—The Administrator shall merce, Science, and Transportation and mittee on Commerce, Science, and Transpor- establish a program to be known as the House of Representatives Committee on tation and the House of Representatives Charles ‘‘Pete’’ Conrad Astronomy Awards Science not later than the date on which the Committee on Science. Program. President submits the proposed budget for SEC. 143. PROGRAM TO EXPAND DISTANCE (b) AWARDS.—The Administrator shall the Federal Government for fiscal year 2007 LEARNING IN RURAL UNDERSERVED make an annual award under the program to the Congress. At least 60 days before AREAS. of— transmitting the strategy, NASA shall pro- (a) IN GENERAL.—The Administrator shall (1) $3,000 to the amateur astronomer or vide a draft of the strategy to its Federal develop or expand programs to extend group of amateur astronomers who in the Employee Unions for a 30-day consultation science and space educational outreach to preceding calendar year discovered the in- period after which NASA shall respond in rural communities and schools through video trinsically brightest near-Earth asteroid writing to any written concerns provided by conferencing, interpretive exhibits, teacher among the near-Earth asteroids that were the Unions. education, classroom presentations, and stu- discovered during that year by amateur as- (d) LIMITATION.— dent field trips. tronomers or groups of amateur astrono- (1) IN GENERAL.—NASA may not initiate (b) PRIORITIES.—In carrying out subsection mers; and any buyout offer after the date of enactment (a), the Administrator shall give priority to (2) $3,000 to the amateur astronomer or of this Act until 60 days after the strategy existing programs, including Challenger group of amateur astronomers who made the required by this subsection has been trans- Learning Centers— greatest contribution to the Minor Planet mitted to the Senate Committee on Com- (1) that utilize community-based partner- Center’s mission of cataloging near-Earth as- merce, Science, and Transportation and ships in the field; teroids during the preceding year. House of Representatives Committee on (2) that build and maintain video con- (c) QUALIFICATION FOR AWARD.— Science in accordance with subsection (c). ference and exhibit capacity; (1) RECOMMENDATION.—These awards shall NASA may not implement any reduction-in- (3) that travel directly to rural commu- be made based on the recommendation of the force or other involuntary separations (ex- nities and serve low-income populations; and Minor Planet Center of the Smithsonian As- cept for cause) prior to June 1, 2007, except (4) with a special emphasis on increasing trophysical Observatory. as provided in paragraph (2). the number of women and minorities in the (2) LIMITATION.—No individual who is not a (2) EXCEPTIONS.— science and engineering professions. citizen or permanent resident of the United (A) SPECIFIC BUY-OUTS.—Notwithstanding SEC. 144. INSTITUTIONS IN NASA’S MINORITY IN- States at the time of that individual’s dis- paragraph (1), NASA may make exceptions STITUTIONS PROGRAM. covery or contribution may receive an award can be made for specific buy-outs on a case- The matter appearing under the heading under this program. by-case basis, if NASA provides information ‘‘SMALL AND DISADVANTAGED BUSINESS’’ in SEC. 150. GAO ASSESSMENT OF FEASIBILITY OF to the Committees that justifies those spe- title III of the Departments of Veterans Af- MOON AND MARS EXPLORATION cific buy-outs, including why the relevant fairs and House and Urban Development, and MISSIONS. employees could not be utilized to fulfill Independent Agencies Appropriations Act, Within 9 months after the date of enact- other NASA missions. 1990 (42 U.S.C. 2473b; 103 Stat. 863) is amended ment of this Act, the Comptroller General (B) EMERGENCY REDUCTIONS-IN-FORCE.— by striking ‘‘Historically Black Colleges and shall transmit to the Senate Committee on NASA may also request an exception for an Universities and’’ and inserting ‘‘Histori- Commerce, Science, and Transportation and emergency reduction-in-force of manage- cally Black Colleges and Universities that the House of Representatives Committee on ment personnel by transmitting to the Com- are part B institutions (as defined in section Science an assessment of the feasibility of mittees— 322(2) of the Higher Education Act of 1965 (20 NASA’s planning for exploration of the Moon (i) a detailed rationale for the proposed re- U.S.C. 1061(2))), Hispanic-serving institutions and Mars, giving special consideration to the duction-in-force; (as defined in section 502(a)(5) of that Act (20 long-term cost implications of program ar- (ii) an explanation of why the proposed re- U.S.C. 1101a(a)(5)), Tribal Colleges or Univer- chitecture and schedules. The Comptroller duction-in-force cannot wait until after the sities (as defined in section 316(b)(3) of that General shall include in this assessment the workforce strategy has been transmitted to Act (20 U.S.C. 1059c(b)(3)), Alaskan Native- short- and long-term impact of the explo- the Committees in accordance with the re- serving institutions (as defined in section ration program on other NASA program quirements of this section; and 317(b)(2) of that Act (20 U.S.C. 1059d)(b)(2)), areas, including aeronautics, space science, (iii) an explanation of why the relevant Native Hawaiian-serving institutions (as de- earth science and NASA’s overall research employees could not be utilized to fulfill fined in section 317(b)(4) of that Act (20 and technology development budget. other NASA missions. U.S.C. 1059d(b)(4)), and’’. SEC. 151. WORKFORCE. SEC. 152. MAJOR RESEARCH EQUIPMENT AND FA- SEC. 145. AVIATION SAFETY PROGRAM. (a) IN GENERAL.—The Administrator shall CILITIES. The Administrator shall make available develop a human capital strategy to ensure (a) IN GENERAL.—Notwithstanding any upon request satellite imagery of remote ter- that NASA has a workforce of the appro- other provision of law, the National Science

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Foundation may use funds in the major re- (d) COST LIMITATION FOR THE ISS.—Within The Administrator, after consultation with search equipment and facilities construction 6 months after the date of enactment of this the Director of the Office of Science and account for the design and development of Act, the Administrator shall submit to the Technology Policy, shall develop the na- projects that— Congress information pertaining to the im- tional laboratory facility to oversee sci- (1) have been given a very high rating by pact of the Columbia accident and the imple- entific utilization of an ISS national labora- relevant scientific peer review panels in the mentation of full cost accounting on the de- tory within the organizational structure of relevant discipline; velopment costs of the International Space NASA. (2) have substantial cost-sharing with non- Station. The Administrator shall also iden- (b) NATIONAL LABORATORY FUNCTIONS.—The Foundation entities; and tify any statutory changes needed to section Administrator shall seek to use the national (3) have passed a critical design review. 202 of the NASA Authorization Act of 2000 to laboratory to increase the utilization of the (b) NATIONAL SCIENCE BOARD APPROVAL.— address those impacts. ISS by other national and commercial users Nothing in subsection (a) shall be construed SEC. 202. RESEARCH AND SUPPORT CAPABILI- and to maximize available NASA funding for to eliminate the need for approval by the Na- TIES ON INTERNATIONAL SPACE research through partnerships, cost-sharing STATION. tional Science Board before such equipment agreements, and arrangements with non- (a) IN GENERAL.—The Administrator and facilities are eligible for acquisition, NASA entities. construction, commissioning, or upgrading. shall— (1) within 60 days after the date of enact- (c) IMPLEMENTATION PLAN.—Within 1 year SEC. 153. DATA ON SPECIFIC FIELDS OF STUDY. ment of this Act, provide an assessment of after the date of enactment of this Act, the (a) IN GENERAL.—The National Science biomedical and life science research planned Administrator shall provide an implementa- Foundation shall collect statistically reli- for implementation aboard the ISS that in- tion plan to the Senate Committee on Com- able data through the American Community cludes the identification of research which merce, Science, and Transportation and the Survey on the field of degree of college-edu- can be performed in ground-based facilities House of Representatives Committee on cated individuals. and then, if appropriate, validated in space Science for establishment of the ISS na- (b) ADDITIONAL CENSUS QUESTION.—In order to the Senate Committee on Commerce, tional laboratory facility which, at a min- to facilitate the implementation of sub- Science, and Transportation and the House imum, shall include— section (a), the Secretary of Commerce shall of Representatives Committee on Science; (1) proposed on-orbit laboratory functions; expand the American Community Survey to (2) ensure the capacity to support ground- (2) proposed ground-based laboratory fa- include a question to elicit information con- based research leading to spaceflight of sci- cilities; cerning the field of study in which college- entific research in a variety of disciplines (3) detailed laboratory management struc- educated individuals received their degrees. with potential direct national benefits and ture, concept of operations, and operational The Director of the Bureau of the Census applications that can advance significantly feasibility; shall consult with the Director of the Na- from the uniqueness of micro-gravity; (4) detailed plans for integration and con- tional Science Foundation concerning the (3) restore and protect such potential ISS duct of ground and space-based research op- wording of the question or questions to be research activities as molecular crystal erations; added to the Survey. growth, animal research, basic fluid physics, (5) description of funding and workforce re- Subtitle C—Limitations and Special combustion research, cellular biotechnology, source requirements necessary to establish Authority low temperature physics, and cellular re- and operate the laboratory; SEC. 161. OFFICIAL REPRESENTATIONAL FUND. search at a level which will sustain the exist- (6) plans for accommodation of existing Amounts appropriated pursuant to para- ing scientific expertise and research capa- international partner research obligations graphs (1) and (2) of section 101 may be used, bilities until such time as additional funding and commitments; and but not to exceed $70,000, for official recep- or resources from sources other than NASA (7) detailed outline of actions and timeline tion and representation expenses. can be identified to support these activities necessary to implement and initiate oper- SEC. 162. FACILITIES MANAGEMENT. within the framework of the National Lab- ations of the laboratory. NASA shall develop a facilities investment oratory provided for in section 203 of this (d) U.S. SEGMENT DEFINED.—In this section plan through fiscal year 2015 that takes into Act; the term ‘‘United States Segment of the account uniqueness, mission dependency, (4) consider the need for a life sciences cen- ISS’’ means those elements of the ISS manu- and other studies required by this Act. trifuge and any associated holding facilities; factured— and TITLE II—INTERNATIONAL SPACE (1) by the United States; or (5) within 1 year after the date of enact- STATION (2) for the United States by other nations ment of this Act, develop a research plan in exchange for funds or launch services. SEC. 201. INTERNATIONAL SPACE STATION COM- that will demonstrate the process by which SEC. 204. COMMERCIAL SUPPORT OF INTER- PLETION. NASA will evolve the ISS research portfolio (a) ELEMENTS, CAPABILITIES, AND CONFIGU- NATIONAL SPACE STATION OPER- in a manner consistent with the planned ATIONS AND UTILIZATION. RATION CRITERIA.—The Administrator shall growth and evolution of ISS on-orbit and The Administrator shall purchase commer- ensure that the ISS will be able to— transportation capabilities. cial services for support of the ISS for cargo (1) fulfill international partner agreements (b) MAINTENANCE OF ON-ORBIT ANALYTICAL and provide a diverse range of research ca- CAPABILITIES.—The Administrator shall en- and other needs, and for enhancement of the pacity, including a high rate of human bio- sure that on-orbit analytical capabilities to capabilities of the ISS, to the maximum ex- medical research protocols, counter- support diagnostic human research, as well tent possible, in accordance with Federal measures, applied bio-technologies, tech- as on-orbit characterization of molecular procurement law. nology and exploration research, and other crystal growth, cellular research, and other SEC. 205. USE OF THE INTERNATIONAL SPACE priority areas; research products and results are developed STATION AND ANNUAL REPORT. (2) have an ability to support crew size of and maintained, as an alternative to Earth- (a) POLICY.—It is the policy of the United at least 6 persons; based analysis requiring the capability of re- States— (3) support crew exploration vehicle dock- turning research products to Earth. (1) to ensure diverse and growing utiliza- ing and automated docking of cargo vehicles (c) ASSESSMENT OF POTENTIAL SCIENTIFIC tion of benefits from the ISS; and or modules launched by either heavy-lift or USES.—The Administrator shall assess fur- (2) to increase commercial operations in commercially-developed launch vehicles; and ther potential possible scientific uses of the low-Earth orbit and beyond that are sup- (4) be operated at an appropriate risk level. ISS for other applications, such as tech- ported by national and commercial space (b) CONTINGENCY PLAN.—The transpor- nology development, development of manu- transportation capabilities. tation plan to support ISS shall include con- facturing processes, Earth observation and tingency options to ensure sufficient logis- characterization, and astronomical observa- (b) USE OF INTERNATIONAL SPACE STA- tics and on-orbit capabilities to support any tions. TION.—The Administrator shall conduct potential hiatus between Space Shuttle (d) TRANSITION TO PUBLIC-PRIVATE RE- broadly focused scientific and exploration re- availability and follow-on crew and cargo SEARCH OPERATIONS.—By no later than the search and development activities using the systems, and provide sufficient pre-posi- date on which the assembly of the ISS is ISS in a manner consistent with the provi- tioning of spares and other supplies needed complete (as determined by the Adminis- sions of this title, and advance the Nation’s to accommodate any such hiatus. trator), the Administrator shall initiate exploration of the Moon and beyond, using (c) CERTIFICATION.—Within 60 days after steps to transition research operations on the ISS as a test-bed and outpost for oper- the date of enactment of this Act, and before the ISS to a greater private–public operating ations, engineering, and scientific research. making any change in the ISS assembly se- relationship pursuant to section 203 of this (c) REPORTS.—No later than March 31 of quence in effect on the date of enactment of Act. each year the Administrator shall submit a this Act, the Administrator shall certify in SEC. 203. NATIONAL LABORATORY STATUS FOR report to the Senate Committee on Com- writing to the Senate Committee on Com- INTERNATIONAL SPACE STATION. merce, Science, and Transportation and the merce, Science, and Transportation and the (a) IN GENERAL.—In order to accomplish House of Representatives Committee on House of Representatives Committee on the objectives listed in section 202, the Science on the use of the ISS for these pur- Science NASA’s plan to meet the require- United States segment of the ISS is hereby poses, with implementation milestones and ments of subsections (a) and (b). designated a national laboratory facility. associated results.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10976 CONGRESSIONAL RECORD — HOUSE November 18, 2005 TITLE III—NATIONAL SPACE (3) what steps will be taken to shorten that TITLE IV—ENABLING COMMERCIAL TRANSPORTATION POLICY length of time; and ACTIVITY SEC. 301. UNITED STATES HUMAN-RATED (4) what other means will be used to allow SEC. 401. COMMERCIALIZATION PLAN. LAUNCH CAPACITY ASSESSMENT. human access to space during that time. (a) IN GENERAL.—The Administrator, in Notwithstanding any other provision of (d) TRANSITION PLAN REPORT.—After pro- consultation with the Associate Adminis- law, the Administrator shall, within 60 days viding the information required by section trator for Space Transportation of the Fed- after the date of enactment of this Act, pro- 301 to the Committees, the Administrator eral Aviation Administration, the Director vide to the Senate Committee on Commerce, shall transmit a report to the Senate Com- of the Office of Space Commercialization of Science, and Transportation and the House mittee on Commerce, Science, and Transpor- the Department of Commerce, and any other of Representatives Committee on Science, a tation and the House of Representatives relevant agencies, shall develop a commer- full description of the transportation re- Committee on Science containing a detailed cialization plan to support the human mis- quirements needed to support the space and comprehensive Space Shuttle transition sions to the Moon and Mars, to support Low- launch and transportation transition imple- plan that includes any necessary recertifi- Earth Orbit activities and Earth science mis- mentation plan required by section 136 of cation, including requirements, assumptions, sion and applications, and to transfer science this Act, as well as for the ISS, including— and milestones, in order to utilize the Space research and technology to society. The plan (1) the manner in which the capabilities of Shuttle orbiter beyond calendar year 2010. shall identify opportunities for the private any proposed human-rated crew and launch (e) CONTRACT TERMINATIONS; VENDOR RE- sector to participate in the future missions vehicles meet the requirements of the imple- PLACEMENTS.—The Administrator may not and activities, including opportunities for mentation plan under section 136 of this Act; terminate any contracts nor replace any partnership between NASA and the private (2) a retention plan of skilled personnel vendors associated with the Space Shuttle sector in the development of technologies from the legacy Shuttle program which will until the Administrator transmits the report and services, shall emphasize the utilization sustain the level of safety for that program required by subsection (b) to the Commit- by NASA of advancements made by the pri- through the final flight and transition plan tees. vate sector in space launch and orbital hard- that will ensure that any NASA programs SEC. 303. COMMERCIAL LAUNCH VEHICLES. ware, and shall include opportunities for in- can utilize the human capital resources of It is the sense of Congress that the Admin- novative collaborations between NASA and the Shuttle program, to the maximum ex- istrator should use current and emerging the private sector under existing authorities tent practicable; commercial launch vehicles to fulfill appro- of NASA for reimbursable and non-reimburs- (3) the implications for and impact on the priate mission needs, including the support able agreements under the National Aero- Nation’s aerospace industrial base; of low-Earth orbit and lunar exploration op- nautics and Space Act of 1958 (42 U.S.C. 2451 (4) the manner in which the proposed vehi- erations. et seq.). cles contribute to a national mixed fleet SEC. 304. SECONDARY PAYLOAD CAPABILITY. (b) REPORT.—Within 180 days after the date launch and flight capacity; (a) IN GENERAL.—In order to help develop a of enactment of this Act, the Administrator (5) the nature and timing of the transition cadre of experienced engineers and to pro- shall submit a copy of the plan to the Senate from the Space Shuttle to the workforce, the vide more routine and affordable access to Committee on Commerce, Science, and proposed vehicles, and any related infra- space, the Administrator shall provide the Transportation and the House of Representa- structure; capabilities to support secondary payloads tives Committee on Science. (6) support for ISS crew transportation, on United States launch vehicles, including SEC. 402. COMMERCIAL TECHNOLOGY TRANSFER ISS utilization, and lunar exploration archi- free flyers, for satellites or scientific pay- PROGRAM. tecture; loads weighing less than 500 kilograms. (a) IN GENERAL.—The Administrator shall (7) for any human rated vehicle, a crew es- (b) FEASIBILITY STUDY.—The Administrator execute a commercial technology transfer cape system, as well as substantial protec- shall initiate a feasibility study for estab- program with the goal of facilitating the ex- tion against orbital debris strikes that offers lishing a National Free Flyer Launch Center change services, products, and intellectual a high level of safety; as a means of consolidating and integrating property between NASA and the private sec- (8) development risk areas; secondary launch capabilities, launch oppor- tor. This program shall be maintained in a (9) the schedule and cost; tunities, and payloads. manner that provides measurable benefits (10) the relationship between crew and (c) ASSESSMENT.—The feasibility study re- for the agency, the domestic economy, and cargo capabilities; and quired in this section shall include an assess- research communities. (11) the ability to reduce risk through the ment of the potential utilization of existing (b) PROGRAM STRUCTURE.—In carrying out use of currently qualified hardware. launch and launch support facilities and ca- the program described in paragraph (a), the SEC. 302. SPACE SHUTTLE TRANSITION. pabilities in the states of Montana and New Administrator shall maintain the funding and program structure of NASA’s existing (a) POLICY STATEMENT.—It is the policy of Mexico and their respective contiguous the United States to possess the capability states, and the state of Alaska, and shall in- technology transfer and commercialization for assured human access to space. The Ad- clude an assessment of the feasibility of in- organizations through the end of fiscal year ministrator shall act to ensure that the tegrating the potential National Free Flyer 2006. United States retains that capacity on a con- Launch Center within the operations and fa- SEC. 403. AUTHORITY FOR COMPETITIVE PRIZE PROGRAM TO ENCOURAGE DEVEL- tinuous basis. The Administrator shall con- cilities of an existing non-profit organization such as the Inland Northwest Space Alliance OPMENT OF ADVANCED SPACE AND duct the transition from the Space Shuttle AERONAUTICAL TECHNOLOGIES. in Missoula, Montana, or similar entity. orbiter to a replacement capacity in a man- Title III of the National Aeronautics and ner that efficiently uses the personnel, capa- SEC. 305. POWER AND PROPULSION REPORTING. Space Act of 1958 (42 U.S.C. 2451 et seq.) is bilities, and infrastructure that are cur- The Administrator shall, within 180 days amended by adding at the end the following: rently available to the extent feasible. after the date of enactment of this Act, pro- ‘‘SEC. 316. PROGRAM ON COMPETITIVE AWARD (b) PROGRESS REPORT.—Within 180 days vide to the Senate Committee on Commerce, OF PRIZES TO ENCOURAGE DEVEL- after the date of enactment of this Act and Science, and Transportation and the House OPMENT OF ADVANCED SPACE AND annually thereafter, the Administrator shall of Representatives Committee on Science, a AERONAUTICAL TECHNOLOGIES. report to the Senate Committee on Com- full description of plans to develop and uti- ‘‘(a) PROGRAM AUTHORIZED.— merce, Science, and Transportation and the lize nuclear power and nuclear propulsion ca- ‘‘(1) IN GENERAL.—The Administrator may House of Representatives Committee on pabilities to achieve agency goals and any carry out a program to award prizes to stim- Science on the progress and the estimated requirements in this Act, and address how ulate innovation in basic and applied re- amount of time before the next generation those plans meet the intent of the Vision for search, technology development, and proto- human-rated NASA spacecraft will dem- Space Exploration and the President’s Space type demonstration that have the potential onstrate crewed, orbital spaceflight. Transportation Policy Directive. for application to the performance of the (c) POLICY COMPLIANCE REPORT.—If, 1 year SEC. 306. UTILIZATION OF NASA FIELD CENTERS space and aeronautical activities of the Ad- before the final flight of the Space Shuttle AND WORKFORCE. ministration. orbiter, the United States has not dem- (a) IN GENERAL.—In budgeting for and car- ‘‘(2) USE OF PRIZE AUTHORITY.—In carrying onstrated a replacement human space flight rying out elements of this title, the Adminis- out the program, the Administrator shall system, the Administrator shall certify that trator shall make the most effective use of seek to develop and support technologies and the United States cannot uphold the policy existing research, development, testing, and areas identified in section 134 of this Act or outlined in subsection (a) and shall provide a space exploration expertise and facilities other areas that the Administrator deter- report to the Senate Committee on Com- resident within NASA field centers. mines to be providing impetus to NASA’s merce, Science, and Transportation and the (b) RESPONSIBILITIES OF FIELD CENTERS.— overall exploration and science architecture House of Representatives Committee on The Administrator shall take appropriate ac- and plans, such as private efforts to detect Science describing— tion to balance responsibilities between the near Earth objects and, where practicable, (1) United States strategic risks associated field centers for leading the development of utilize the prize winner’s technologies in ful- with the hiatus or gap; systems relevant to the Vision for Space Ex- filling NASA’s missions. The Administrator (2) the estimated length of time during ploration, including systems identified in shall widely advertise any competitions con- which the United States will not have inde- this title or any architecture studies per- ducted under the program and must include pendent human access to space; formed by NASA. advertising to research universities.

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‘‘(3) COORDINATION.—The program shall be ment of this policy shall utilize external fundamental research in aeronautical implemented in compliance with section 138 studies that have been conducted on the sciences and technologies that is not tied to of the National Aeronautics and Space Ad- state of United States aeronautics and avia- specific development projects. The Adminis- ministration Authorization Act of 2005. tion research and have suggested policies to trator shall set aside no less than 5 percent ‘‘(b) PROGRAM REQUIREMENTS.— ensure continued competitiveness. of the aeronautics budget for this program. ‘‘(1) COMPETITIVE PROCESS.—Recipients of (b) CONTENT.—At a minimum the national As part of this program, the Administrator prizes under the program under this section aeronautics policy shall describe— is encouraged to make merit-reviewed grants shall be selected through one or more com- (1) national goals for aeronautics research; to institutions of higher learning, including petitions conducted by the Administrator. (2) the priority areas of research for aero- such institutions located in states that par- ‘‘(2) ADVERTISING.—The Administrator nautics through fiscal year 2011; ticipate in the Experimental Program to shall widely advertise any competitions con- (3) the basis of which and the process by Stimulate Competitive Research. ducted under the program. which priorities for ensuing fiscal years will (2) VEHICLE SYSTEMS RESEARCH AND TECH- ‘‘(c) REGISTRATION; ASSUMPTION OF RISK.— be selected; and NOLOGY.—In order to maintain United States ‘‘(1) REGISTRATION.—Each potential recipi- (4) respective roles and responsibilities of economic competitiveness and protect the ent of a prize in a competition under the pro- various Federal agencies in aeronautics re- environment, the Administrator shall estab- gram under this section shall register for the search. lish programs in each of the following tech- competition. (c) NASA INPUT.—In providing input to and nology areas: ‘‘(2) ASSUMPTION OF RISK.—In registering executing the National Aeronautics Policy, (A) ENVIRONMENTAL AIRCRAFT RESEARCH for a competition under paragraph (1), a po- the Administrator, shall consider the fol- AND DEVELOPMENT.—The Administrator shall tential recipient of a prize shall assume any lowing issues: establish an initiative with the objective of and all risks, and waive claims against the (1) The established governmental interest developing and demonstrating in a relevant United States Government and its related in conducting research and development pro- environment, technologies to enable the fol- entities, for any injury, death, damage, or grams for improvement of the usefulness, lowing commercial aircraft performance loss of property, revenue, or profits, whether performance, speed, safety, and efficiency of characteristics: direct, indirect, or consequential, arising aeronautical and vehicles, as described in (i) NOISE.—Noise levels on takeoff and on from participation in the competition, section 102(c)(2) of the National Aeronautics airport approach and landing that do not ex- whether such injury, death, damage, or loss and Space Act of 1958 and reaffirmed in sec- ceed ambient noise levels in the absence of arises through negligence or otherwise, ex- tion 501. flight operations in the vicinity of airports cept in the case of willful misconduct. (2) The established governmental interest from which such commercial aircraft would ‘‘(3) RELATED ENTITY DEFINED.—In this sub- in conducting research and development pro- normally operate; section, the term ‘related entity’ includes a grams that contribute to preservation of the (ii) ENERGY CONSUMPTION.—Twenty-five contractor or subcontractor at any tier, a role of the United States as a global leader percent reduction in the energy required for supplier, user, customer, cooperating party, in aeronautical technologies and in the ap- medium to long range flights, compared to grantee, investigator, or detailee. plication thereof in section 102(c)(5) of the aircraft in commercial service as of the date ‘‘(d) LIMITATIONS.— National Aeronautics and Space Act of 1958 of enactment of this Act; and ‘‘(1) TOTAL AMOUNT.—The total amount of and reaffirmed in section 501. (iii) EMISSIONS.—Nitrogen oxides on take- cash prizes available for award in competi- (3) The appropriate balance between long- off and landing that are significantly re- tions under the program under this section term, high risk research and shorter, more duced, without adversely affecting hydro- in any fiscal year may not exceed $50,000,000. incremental research, and the expected im- carbons and smoke, relative to aircraft in ‘‘(2) APPROVAL REQUIRED FOR LARGE pact on the United States economy and pub- commercial service as of the date of enact- PRIZES.—No competition under the program lic good. ment of this Act. may result in the award of more than (4) The appropriate balance between in- (B) SUPERSONIC TRANSPORT RESEARCH AND $1,000,000 in cash prizes without the approval house research and procurement with indus- DEVELOPMENT.—The Administrator shall es- of the Administrator or a designee of the Ad- try and academia. tablish an initiative with the objective of de- ministrator. (5) The extent to which NASA should ad- veloping and demonstrating in a relevant en- ‘‘(e) RELATIONSHIP TO OTHER AUTHORITY.— dress military and commercial aviation vironment within airframe and propulsion The Administrator may utilize the authority needs. technologies to enable efficient, economical in this section in conjunction with or in ad- (6) How NASA will coordinate its aero- overland flight of supersonic civil transport dition to the utilization of any other author- nautics program with other Federal agen- aircraft with no significant impact on the ity of the Administrator to acquire, support, cies. environment. or stimulate basic and applied research, (7) Opportunities for partnerships with the (C) ROTORCRAFT AND OTHER RUNWAY-INDE- technology development, or prototype dem- private sector. PENDENT AIR VEHICLES.—The Administrator onstration projects. (d) SCHEDULE.— shall establish a rotorcraft and other run- way-independent air vehicles initiative with ‘‘(f) AVAILABILITY OF FUNDS.—Funds appro- (1) No later than 1 year after the date of priated for the program authorized by this enactment of this Act, the President shall the objective of developing and dem- section shall remain available until ex- submit the national aeronautics policy to onstrating improved safety, noise, and envi- pended.’’. the Appropriations Committees of the House ronmental impact in a relevant environ- ment. SEC. 404. COMMERCIAL GOODS AND SERVICES. of Representatives and the Senate, the House (D) HYPERSONICS RESEARCH.—The Adminis- It is the sense of the Congress that NASA Committee on Science, and the Senate Com- mittee on Commerce, Science, and Transpor- trator shall establish a hypersonics research should purchase commercially available program whose objective shall be to explore space goods and services to the fullest extent tation. (2) No later than 60 days after the trans- the science and technology of hypersonic feasible in support of the human missions be- flight using air-breathing propulsion con- yond Earth and should encourage commer- mittal of the policy, the Administrator shall submit NASA’s response to the policy, to the cepts, through a mix of theoretical work, cial use and development of space to the basic and applied research, and development greatest extent practicable. Appropriations Committees of the House of Representatives and the Senate, the House of flight research demonstration vehicles. TITLE V—AERONAUTICS RESEARCH AND Committee on Science, and the Senate Com- Emphasis in the program shall be given to DEVELOPMENT mittee on Commerce, Science and Transpor- advancing and demonstrating turbine engine SEC. 501. GOVERNMENTAL INTEREST IN AERO- tation. technology in the transition to hypersonic NAUTICS. range Mach 3 to Mach 5. SEC. 503. HIGH PRIORITY AERONAUTICS RE- Congress reaffirms the national commit- SEARCH AND DEVELOPMENT PRO- (E) REVOLUTIONARY AERONAUTICAL CON- ment to aeronautics research made in the GRAMS. CEPTS.—The Administrator shall establish a National Aeronautics and Space Act of 1958. (a) IN GENERAL.—In its role as lead agency research program which covers a unique Aeronautical research and development re- for civil aeronautics research and develop- range of subsonic, fixed wing vehicles and mains a core mission of NASA. NASA is the ment, NASA shall develop programs and propulsion concepts. This research is in- lead agency for civil aeronautics research. projects in accordance with the National tended to push technology barriers beyond NASA shall conduct a robust program of aer- Aeronautics Policy described in section 502, current subsonic technology. Propulsion con- onautics research that includes fundamental as well program areas listed in subsection cepts include advanced materials, morphing basic research as well as research in the (b). These programs must be driven by sci- engines, hybrid engines, and fuel cells. fields of vehicle systems and of safety and entific merit. (F) MORE ELECTRIC AIRCRAFT INITIATIVE.— security. (b) RESEARCH AND DEVELOPMENT.—In exe- The Administrator shall establish a program SEC. 502. NATIONAL POLICY FOR AERONAUTICS cuting an aeronautics research and develop- for innovative and focused research and de- RESEARCH AND DEVELOPMENT. ment program, the Administrator shall, at a velopment such as fuel cell technologies. (a) IN GENERAL.—The President shall de- minimum, within the budgetary and pro- (3) AIRSPACE SYSTEMS RESEARCH.—The Air- velop through NASA and other relevant enti- grammatic resources provided, conduct pro- space Systems Research program shall pur- ties, a national aeronautics policy to guide grams in the following areas: sue research and development to enable revo- the aeronautics programs of the United (1) FUNDAMENTAL RESEARCH.—The Adminis- lutionary improvements to and moderniza- States through the year 2020. The develop- trator shall establish a program of long-term tion of the National Airspace system, as well

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as to enable the introduction of new systems the participating party has the option to ‘‘(1) CONTROL OF REMAINS.—Subject to para- for vehicles that can take advantage of an choose an exclusive license for a pre-nego- graph (2), when there is an accident or mis- improved, modern air transportation system. tiated field of use for any such invention hap resulting in the death of a crewmember In pursuing research and development in this under the agreement or, if there is more of a NASA human space flight vehicle, the area, the Administrator shall align the than 1 participating party, that the partici- Administrator may take control over the re- projects of the Airspace Systems Research pating parties are offered the option to hold mains of the crewmember and order autop- program so that they directly support the licensing rights that collectively encompass sies and other scientific or medical tests. objectives of the Joint Planning and Devel- the rights that would be held under such an ‘‘(2) TREATMENT.—Each crewmember shall opment Office’s Next Generation air Trans- exclusive license by one party. provide the Administrator with his or her portation System Integrated Plan. ‘‘(3) CONDITIONS.—In consideration for the preferences regarding the treatment ac- (4) AVIATION SAFETY AND SECURITY RE- Government’s contribution under the agree- corded to his or her remains and the Admin- SEARCH.—The Aviation Safety and Security ment, grants under this subsection shall be istrator shall, to the extent possible, respect Research program shall pursue research and subject to the following explicit conditions: those stated preferences. development activities that directly address ‘‘(A) A nonexclusive, nontransferable, ir- ‘‘(b) DEFINITIONS.—In this section: the safety and security needs of the National revocable, paid-up license from the partici- ‘‘(1) CREWMEMBER.—The term ‘crew- Airspace System and the aircraft that fly in pating party to the Administration to prac- member’ means an astronaut or other person it. tice the invention or have the invention assigned to a NASA human space flight vehi- SEC. 504. TEST FACILITIES. practiced throughout the world by or on be- cle. (a) Prior to completion of the National half of the Government. In the exercise of ‘‘(2) NASA HUMAN SPACE FLIGHT VEHICLE.— Aeronautics Policy described in section 502 such license, the Government shall not pub- The term ‘NASA human space flight vehicle’ and transmittal of such policy pursuant to licly disclose trade secrets or commercial or means a space vehicle, as defined in section subsection (d) of that section, the Adminis- financial information that is privileged or 308(f)(1), that— trator may not close, suspend, or terminate confidential within the meaning of section ‘‘(A) is intended to transport 1 or more per- contracts for the operation of major aero- 552 (b)(4) of title 5, United States Code, or sons; nautical test facilities, including wind tun- which would be considered as such if it had ‘‘(B) designed to operate in outer space; nels, unless the Administrator— been obtained from a non-Federal party. and (1) certifies in writing that such closure ‘‘(B) If the Administration assigns title or ‘‘(C) is either owned by NASA, or owned by will not have an adverse impact on NASA’s grants an exclusive license to such an inven- a NASA contractor or cooperating party and ability to execute the National Policy and tion, the Government shall retain the right— operated as part of a NASA mission or a achieve the goals described in that Policy; ‘‘(i) to require the participating party to joint mission with NASA.’’. and grant to a responsible applicant a nonexclu- SEC. 605. REQUIREMENT FOR INDEPENDENT (2) provides notification to and receives sive, partially exclusive, or exclusive license COST ANALYSIS. concurrence from the Appropriations Com- to use the invention in the applicant’s li- Section 301 of the National Aeronautics mittees of the House of Representatives and censed field of use, on terms that are reason- and Space Administration Authorization Act the Senate, the House Committee on able under the circumstances; or of 2000 (42 U.S.C. 2459g) amended— Science, and the Senate Committee on Com- ‘‘(ii) if the participating party fails to (1) by striking ‘‘Phase B’’ in subsection (a) merce, Science and Transportation 60 days in grant such a license, to grant the license and inserting ‘‘implementation’’; advance of such action. itself. (2) by striking ‘‘Chief Financial Officer’’ ‘‘(C) The Government may exercise its SEC. 505. MISCELLANEOUS PROVISIONS. each place it appears in subsection (a) and right retained under subparagraph (B) only (a) WORKFORCE DEVELOPMENT.—The Ad- inserting ‘‘Administrator’’; ministrator shall encourage the development in exceptional circumstances and only if the (3) by inserting ‘‘and consider’’ in sub- of a skilled and diverse aeronautics research Government determines that— section (a) after ‘‘shall conduct’’; and workforce using appropriate available tools ‘‘(i) the action is necessary to meet health (4) by striking subsection (b) and inserting such as grants, scholarships for service, and or safety needs that are not reasonably satis- the following: fellowships. fied by the participating party; ‘‘(b) IMPLEMENTATION DEFINED.—In this (b) ALIGNMENT OF PROGRAMS.—Notwith- ‘‘(ii) the action is necessary to meet re- section, the term ‘implementation’ means standing any other provision of this title, quirements for public use specified by Fed- all activity in the life cycle of a program or the Administrator shall align NASA’s aero- eral regulations, and such requirements are project after preliminary design, inde- nautics program with priorities established not reasonably satisfied by the participating pendent assessment of the preliminary de- by the Joint Planning and Development Of- party; or sign, and approval to proceed into implemen- fice and by the National Aeronautics Policy ‘‘(iii) the action is necessary to comply tation, including critical design, develop- described in section 502 of this Act. with an agreement containing provisions de- ment, certification, launch, operations, dis- scribed in section 12(c)(4)(B) of the Steven- TITLE VI—MISCELLANEOUS posal of assets, and, for technology pro- son-Wydler Technology Innovation Act of ADMINISTRATIVE IMPROVEMENTS grams, development, testing, analysis and 1980 (15 U.S.C. 3710a(c)(4)(B)). communication of the results to the cus- SEC. 601. EXTENSION OF INDEMNIFICATION AU- ‘‘(4) APPEAL AND REVIEW OF DETERMINA- THORITY. tomers.’’. TION.—A determination under paragraph SEC. 606. ELECTRONIC ACCESS TO BUSINESS OP- Section 309 of the National Aeronautics (3)(C) is subject to administrative appeal and and Space Act of 1958 (42 U.S.C. 2458c) is PORTUNITIES. judicial review under section 203(b) of title Title III of the National Aeronautics and amended by striking ‘‘December 31, 2002’’ and 35, United States Code.’’. inserting ‘‘December 31, 2007’’, and by strik- Space Act of 1958, as amended by section 604 SEC. 603. RETROCESSION OF JURISDICTION. ing ‘‘September 30, 2005’’ and inserting ‘‘De- of this Act, is further amended by adding at Title III of the National Aeronautics and the end the following: cember 31, 2009’’. Space Act of 1958, as amended by section 602 SEC. 602. INTELLECTUAL PROPERTY PROVI- of this Act, is further amended by adding at ‘‘SEC. 319. ELECTRONIC ACCESS TO BUSINESS OP- PORTUNITIES. SIONS. the end the following: Section 305 of the National Aeronautics ‘‘(a) IN GENERAL.—The Administrator may ‘‘SEC. 317. RETROCESSION OF JURISDICTION. and Space Act of 1958 (42 U.S.C. 2457) is implement a pilot program providing for re- ‘‘Notwithstanding any other provision of duction in the waiting period between publi- amended by inserting after subsection (f) the law, the Administrator may, whenever the cation of notice of a proposed contract ac- following: Administrator considers it desirable, relin- ‘‘(g) ASSIGNMENT OF PATENT RIGHTS, ETC.— quish to a State all or part of the legislative tion and release of the solicitation for pro- ‘‘(1) IN GENERAL.—Under agreements en- jurisdiction of the United States over lands curements conducted by the National Aero- tered into pursuant to paragraph (5) or (6) of or interests under the Administrator’s con- nautics and Space Administration. section 203(c) of this Act (42 U.S.C. 2473(c)(5) trol in that State. Relinquishment of legisla- ‘‘(b) APPLICABILITY.—The program imple- or (6)), the Administrator may— tive jurisdiction under this section may be mented under subsection (a) shall apply to ‘‘(A) grant or agree to grant in advance to accomplished (1) by filing with the Governor non-commercial acquisitions— a participating party, patent licenses or as- of the State concerned a notice of relinquish- ‘‘(1) with a total value in excess of $100,000 signments, or options thereto, in any inven- ment to take effect upon acceptance thereof, but not more than $5,000,000, including op- tion made in whole or in part by an Adminis- or (2) as the laws of the State may otherwise tions; tration employee under the agreement; or provide.’’. ‘‘(2) that do not involve bundling of con- ‘‘(B) subject to section 209 of title 35, grant SEC. 604. RECOVERY AND DISPOSITION AUTHOR- tract requirements as defined in section 3(o) a license to an invention which is Federally ITY. of the Small Business Act (15 U.S.C. 632(o)); owned, for which a patent application was Title III of the National Aeronautics and and filed before the signing of the agreement, Space Act of 1958, as amended by section 603 ‘‘(3) for which a notice is required by sec- and directly within the scope of the work of this Act, is further amended by adding at tion 8(e) of the Small Business Act (15 U.S.C. under the agreement, for reasonable com- the end the following: 637(e)) and section 18(a) of the Office of Fed- pensation when appropriate. ‘‘SEC. 318. RECOVERY AND DISPOSITION AUTHOR- eral Procurement Policy Act (41 U.S.C. ‘‘(2) EXCLUSIVITY.—The Administrator ITY. 416(a)). shall ensure, through such agreement, that ‘‘(a) IN GENERAL.— ‘‘(c) NOTICE.—

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‘‘(1) Notice of acquisitions subject to the ‘‘(h) REGULATIONS.—The Administrator ment programs is important and the process program authorized by this section shall be shall publish proposed revisions to the NASA by which this program defines requirements, made accessible through the single Govern- Federal Acquisition Regulation Supplement scopes programs, selects peer reviewers, ment-wide point of entry designated in the necessary to implement this section in the manages the research competition, and se- Federal Acquisition Regulation, consistent Federal Register not later than 120 days lects proposals is of concern. The review with section 30(c)(4) of the Office of Federal after the date of enactment of the National shall include— Procurement Policy Act (41 U.S.C. 426(c)(4)). Aeronautics and Space Administration Au- (1) the program planning and analysis ‘‘(2) Providing access to notice in accord- thorization Act of 2005. The Administrator process used to formulate applied science re- ance with paragraph (1) satisfies the publica- shall— search and development requirements, prior- tion requirements of section 8(e) of the ‘‘(1) make the proposed regulations avail- ities, and solicitation schedules, including Small Business Act (15 U.S.C. 637(e)) and sec- able for public comment for a period of not changes to the process within the period tion 18(a) of the Office of Federal Procure- less than 60 days; and under review, and the effects of such plan- ment Policy Act (41 U.S.C. 416(a)). ‘‘(2) publish final regulations in the Fed- ning on the quality and clarity of applied ‘‘(d) SOLICITATION.—Solicitations subject eral Register not later than 240 days after sciences research announcements; to the program authorized by this section the date of enactment of that Act. (2) the peer review process including— shall be made accessible through the Govern- ‘‘(i) EFFECTIVE DATE.— (A) membership selection, determination ment-wide point of entry, consistent with re- ‘‘(1) IN GENERAL.—The pilot program au- of qualifications and use of NASA and non- quirements set forth in the Federal Acquisi- thorized by this section shall take effect on NASA reviewers; tion Regulation, except for adjustments to the date specified in the final regulations (B) management of conflicts of interest, in- the wait periods as provided in subsection promulgated pursuant to subsection (h)(2). cluding reviewers funded by the program (e). ‘‘(2) LIMITATION.—The date so specified with a significant consulting or contractual ‘‘(e) WAIT PERIOD.— shall be no less than 30 days after the date on relationship with NASA, and individuals who ‘‘(1) Whenever a notice required by section which the final regulation is published. both review proposals and participate in the 8(e)(1)(A) of the Small Business Act (15 ‘‘(j) EXPIRATION OF AUTHORITY.—The au- submission of proposals under the same so- U.S.C. 637(e)(1)(A)) and section 18(a) of the thority to conduct the pilot program under licitation announcement; Office of Federal Procurement Policy Act (41 subsection (a) and to award contracts under (C) compensation of non-NASA proposal re- U.S.C. 416(a)) is made accessible in accord- such program shall expire 2 years after the viewers; ance with subsection (c) of this section, the effective date established in the final regula- (3) the process for assigning or allocating wait period set forth in section 8(e)(3)(A) of tions published in the Federal Register under applied research to NASA researchers and to the Small Business Act (15 U.S.C. subsection (h)(2).’’. non-NASA researchers; and 637(e)(3)(A)) and section 18(a)(3)(A) of the Of- SEC. 607. REPORTS ELIMINATION. (4) alternative models for NASA planning fice of Federal Procurement Policy Act (41 (a) REPEALS.—The following provisions of and management of applied science and ap- U.S.C. 416(a)(3)(A)), shall be reduced by 5 law are repealed: plications research, including an evaluation days. If the solicitation applying to that no- (1) Section 201 of the National Aeronautics of— tice is accessible electronically in accord- and Space Administration Authorization Act (A) the National Institutes of Health’s in- ance with subsection (d) simultaneously with of 2000 (42 U.S.C. 2451 note). tramural and extramural research program issuance of the notice, the wait period set (2) Section 304(d) of the Federal Aviation structure, peer review process, management forth in section 8(e)(3)(A) of the Small Busi- Administration Research, Engineering, and of conflicts of interests, compensation of re- ness Act (15 U.S.C. 637(e)(3)(A)) and section Development Authorization Act of 1992 (49 viewers, and the effects of compensation on 18(a)(3)(A) of the Office of Federal Procure- U.S.C. 47508 note). reviewer efficiency and quality; ment Policy Act (41 U.S.C. 416(a)(3)(A)) shall (b) AMENDMENTS.— (B) the Department of Agriculture’s re- not apply and the period specified in section (1) Section 315 of the National Aeronautics search programs and structure, peer review 8(e)(3)(B) of the Small Business Act and sec- and Space Administration Act of 1958 (42 process, management of conflicts of interest, tion 18(a)(3)(B) of the Office of Federal Pro- U.S.C. 2459j) is amended by striking sub- compensation of reviewers, and the effects of curement Policy Act for submission of bids section (a) and redesignating subsections (b) compensation on reviewer efficiency and or proposals shall begin to run from the date through (f) as subsections (a) through (e). quality; and the solicitation is electronically accessible. (2) Section 315(a) of the National Aero- (C) the ‘‘best practices’’ of both in the ‘‘(2) When a notice and solicitation are nautics and Space Administration Author- planning, selection, and management of ap- made accessible simultaneously and the wait ization Act, Fiscal Year 1993 (42 U.S.C. plied sciences research and development. period is waived pursuant to paragraph (1), 2487a(c)) is amended by striking subsection (b) REPORT.—Not later than 1 year after the deadline for the submission of bids or (c) and redesignating subsection (d) as sub- the date of the enactment of this Act, the proposals shall be not less than 5 days great- section (c). Comptroller General shall submit a report to er than the minimum deadline set forth in (3) Section 323 of the National Aeronautics the Senate Committee on Commerce, section 8(e)(3)(B) of the Small Business Act and Space Administration Authorization Act Science, and Transportation and the House (15 U.S.C. 637(e)(3)(B)) and section 18(a)(3)(B) of 2000 is amended by striking subsection (a). of Representatives Committee on Science de- of the Office of Federal Procurement Policy SEC. 608. SMALL BUSINESS CONTRACTING. scribing the results of the review conducted Act (41 U.S.C. 416(a)(3)(B)). (a) PLAN.—In consultation with the Small under subsection (a), including recommenda- ‘‘(f) IMPLEMENTATION.— Business Administration, the Administrator tions for NASA best practices. ‘‘(1) Nothing in this section shall be con- shall develop a plan to maximize the number (c) IMPLEMENTATION.—Not later than 90 strued as modifying regulatory requirements and amount of contracts awarded to small days after receipt of the report, NASA shall set forth in the Federal Acquisition Regula- business concerns (within the meaning given provide the Senate Committee on Commerce, tion, except with respect to— that term in section 3 of the Small Business Science, and Transportation and the House ‘‘(A) the applicable wait period between Act (15 U.S.C. 632) and to meet established of Representatives Committee on Science a publication of notice of a proposed contract contracting goals for such concerns. plan describing the implementation of those action and release of the solicitation; and (b) PRIORITY.—The Administrator shall es- recommendations. ‘‘(B) the deadline for submission of bids or tablish, as a priority, meeting the con- MOTION OFFERED BY MR. BOEHLERT proposals for procurements conducted in ac- tracting goals developed in conjunction with Mr. BOEHLERT. Mr. Speaker, I offer cordance with the terms of this pilot pro- the Small Business Administration to maxi- a motion. gram. mize the amount of prime contracts, as The Clerk read as follows: ‘‘(2) This section shall not apply to the ex- measured in dollars, awarded in each fiscal Mr. BOEHLERT of New York moves to strike tent the President determines it is incon- year by NASA to small business concerns all after the enacting clause of S. 1281 and in- sistent with any international agreement to (within the meaning given that term in sec- sert in lieu thereof the text of H.R. 3070 as which the United States is a party. tion 3 of the Small Business Act (15 U.S.C. passed by the House, as follows: ‘‘(g) STUDY.—Within 18 months after the ef- 632)). S. 1281 fective date of the program, NASA, in co- SEC. 609. GOVERNMENT ACCOUNTABILITY OF- ordination with the Small Business Adminis- FICE REVIEW AND REPORT. Be it enacted by the Senate and House of Rep- tration, the General Services Administra- (a) REVIEW.—The Comptroller General of resentatives of the United States of America in tion, and the Office of Management and the United States shall conduct a review of Congress assembled, Budget, shall evaluate the impact of the NASA’s policies, processes, and procedures in SECTION 1. SHORT TITLE; TABLE OF CONTENTS. pilot program and submit to Congress a re- the planning and management of applica- (a) SHORT TITLE.—This Act may be cited as port that— tions research and development implemented the ‘‘National Aeronautics and Space Admin- ‘‘(1) sets forth in detail the results of the in calendar years 2001 to 2005 within the Ap- istration Authorization Act of 2005’’. test, including the impact on competition plied Sciences Directorate and former Earth (b) TABLE OF CONTENTS.—The table of con- and small business participation; and Science Applications Program. A formal and tents for this Act is as follows: ‘‘(2) addresses whether the pilot program transparent peer review process that instills Sec. 1. Short title; table of contents. should be made permanent, continued as a public and stakeholder confidence in NASA’s Sec. 2. Findings. test program, or allowed to expire. sponsored applications research and develop- Sec. 3. Definitions.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0655 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10980 CONGRESSIONAL RECORD — HOUSE November 18, 2005 TITLE I—GENERAL PRINCIPLES AND TITLE V—HUMAN SPACE FLIGHT sion of this preeminence is not in the Na- REPORTS Sec. 501. International Space Station com- tion’s economic or security interests. Past Sec. 101. Responsibilities, policies, and pletion. Federal investments in aeronautics research plans. Sec. 502. Human exploration priorities. and development have benefited the econ- Sec. 102. Reports. Sec. 503. GAO assessment. omy and national security of the United Sec. 103. Baselines and cost controls. TITLE VI—OTHER PROGRAM AREAS States and improved the quality of life of its Sec. 104. Prize authority. citizens. Subtitle A—Space and Flight Support Sec. 105. Foreign launch vehicles. (7) Long-term progress in aeronautics and Sec. 106. Safety management. Sec. 601. Orbital debris. space requires continued Federal investment Sec. 107. Lessons learned and best practices. Sec. 602. Secondary payload capability. in fundamental research, test facilities, and Sec. 108. Commercialization plan. Subtitle B—Education maintenance of a skilled civil service work- Sec. 109. Study on the feasibility of use of Sec. 611. Institutions in NASA’s minority force at NASA’s Centers. ground source heat pumps. institutions program. (8) An important part of NASA’s mission is Sec. 110. Space shuttle return to flight. Sec. 612. Program to expand distance learn- education and outreach. Sec. 111. Whistleblower protection. ing in rural underserved areas. SEC. 3. DEFINITIONS. TITLE II—AUTHORIZATION OF Sec. 613. Charles ‘‘Pete’’ Conrad Astronomy In this Act: APPROPRIATIONS Awards. (1) ADMINISTRATOR.—The term ‘‘Adminis- Sec. 201. Structure of budgetary accounts. Sec. 614. Review of education programs. trator’’ means the Administrator of the Na- Sec. 202. Fiscal year 2006. Sec. 615. Equal access to NASA’s education tional Aeronautics and Space Administra- Sec. 203. Fiscal year 2007. programs. tion. Sec. 204. ISS research. Sec. 616. Museums. (2) ISS.—The term ‘‘ISS’’ means the Inter- Sec. 205. Test facilities. Sec. 617. Review of MUST program. national Space Station. Sec. 206. Proportionality. TITLE VII—MISCELLANEOUS (3) NASA.—The term ‘‘NASA’’ means the Sec. 207. Limitations on authority. AMENDMENTS National Aeronautics and Space Administra- tion. Sec. 208. Notice of reprogramming. Sec. 701. Retrocession of jurisdiction. Sec. 209. Cost overruns. Sec. 702. Extension of indemnification. TITLE I—GENERAL PRINCIPLES AND Sec. 210. Official representational fund. Sec. 703. NASA scholarships. REPORTS Sec. 211. International Space Station cost Sec. 704. Independent cost analysis. SEC. 101. RESPONSIBILITIES, POLICIES, AND cap. Sec. 705. Limitations on off-shore perform- PLANS. TITLE III—SCIENCE ance of contracts for the pro- (a) GENERAL RESPONSIBILITIES.— Subtitle A—General Provisions curement of goods and services. (1) PROGRAMS.—The Administrator shall ensure that NASA carries out a balanced set Sec. 301. Performance assessments. Sec. 706. Long duration flight. of programs that shall include, at a min- Sec. 302. Status report on Hubble Space Tel- TITLE VIII—INDEPENDENT imum, programs in— escope servicing mission. COMMISSIONS (A) human space flight, in accordance with Sec. 303. Independent assessment of Sec. 801. Definitions. subsection (b); Landsat-NPOESS integrated Subtitle A—International Space Station (B) aeronautics research and development; mission. Independent Safety Commission and Sec. 304. Assessment of science mission ex- (C) scientific research, which shall include, tensions. Sec. 811. Establishment of Commission. Sec. 305. Microgravity research. Sec. 812. Tasks of the Commission. at a minimum— Sec. 306. Coordination with the National Sec. 813. Sunset. (i) robotic missions to study planets, and Oceanic and Atmospheric Ad- Subtitle B—Human Space Flight to deepen understanding of astronomy, as- ministration. Independent Investigation Commission trophysics, and other areas of science that can be productively studied from space; Subtitle B—Remote Sensing Sec. 821. Establishment of Commission. Sec. 822. Tasks of the Commission. (ii) earth science research and research on Sec. 311. Definitions. the Sun-Earth connection through the devel- Sec. 312. Pilot projects to encourage public Subtitle C—Organization and Operation of opment and operation of research satellites sector applications. Commissions and other means; Sec. 313. Program evaluation. Sec. 831. Composition of Commissions. (iii) support of university research in space Sec. 314. Data availability. Sec. 832. Powers of Commission. science, earth science and microgravity Sec. 315. Education. Sec. 833. Public meetings, information, and science. Subtitle C—George E. Brown, Jr. Near-Earth hearings. (iv) research on microgravity, including re- Object Survey Sec. 834. Staff of Commission. search that is not directly related to human Sec. 835. Compensation and travel expenses. Sec. 321. George E. Brown, Jr. Near-Earth exploration. Sec. 836. Security clearances for Commis- Object Survey. (2) CONSULTATION AND COORDINATION.—In sion members and staff. TITLE IV—AERONAUTICS carrying out the programs of NASA, the Ad- Sec. 837. Reporting requirements and termi- ministrator shall— Sec. 401. Definition. nation. (A) consult and coordinate to the extent Subtitle A—National Policy for Aeronautics SEC. 2. FINDINGS. appropriate with other relevant Federal Research and Development The Congress finds the following: agencies, including through the National Sec. 411. Policy. (1) On January 14, 2004, the President un- Science and Technology Council; Subtitle B—NASA Aeronautics veiled the Vision for Space Exploration to (B) work closely with the private sector, Breakthrough Research Initiatives guide United States policy on human space including by— exploration. (i) encouraging the work of entrepreneurs Sec. 421. Environmental aircraft research (2) The President’s vision of returning hu- who are seeking to develop new means to and development initiative. mans to the Moon and working toward a sus- launch satellites, crew, or cargo; Sec. 422. Civil supersonic transport research tainable human presence there and then ven- (ii) contracting with the private sector for and development initiative. turing further into the solar system provides crew and cargo services to the extent prac- Sec. 423. Rotorcraft and other runway-inde- a sustainable rationale for the United States ticable; and pendent air vehicles research human space flight program. (iii) using commercially available products and development initiative. (3) As we enter the Second Space Age, the (including software) and services to the ex- Subtitle C—Other NASA Aeronautics National Aeronautics and Space Administra- tent practicable to support all NASA activi- Research and Development Activities tion should continue to support robust pro- ties; and Sec. 431. Fundamental research and tech- grams in space science, aeronautics, and (C) involve other nations to the extent ap- nology base program. earth science as it moves forward with plans propriate. Sec. 432. Airspace systems research. to send Americans to the Moon, Mars, and (b) VISION FOR SPACE EXPLORATION.—The Sec. 433. Aviation safety and security re- worlds beyond. Administrator shall manage human space search. (4) The National Aeronautics and Space flight programs to strive to achieve the fol- Sec. 434. Zero-emissions aircraft research. Administration’s programs can advance the lowing goals: Sec. 435. Mars aircraft research. frontiers of science, expanding under- (1) Returning Americans to the Moon no Sec. 436. Hypersonics research. standing of our planet and of the universe, later than 2020. Sec. 437. NASA aeronautics scholarships. and contribute to American prosperity. (2) Launching the Crew Exploration Vehi- Sec. 438. Aviation weather research. (5) The United States should honor its cle as close to 2010 as possible. Sec. 439. Assessment of wake turbulence re- international commitments to the Inter- (3) Increasing knowledge of the impacts of search and development pro- national Space Station program. long duration stays in space on the human gram. (6) The United States must remain the body using the most appropriate facilities Sec. 440. University-based centers. leader in aeronautics and aviation. Any ero- available.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10981 (4) Enabling humans to land on and return (C) the budget assumptions on which the which the President submits the proposed from Mars and other destinations on a time- policy is based, which for fiscal years 2006 budget for the Federal Government for fiscal table that is technically and fiscally pos- and 2007 shall be consistent with the author- year 2008 to the Congress. sible. izations provided in title II of this Act; and (f) WORKFORCE.— (c) AERONAUTICS.— (D) the facilities and personnel needed to (1) IN GENERAL.—The Administrator shall (1) IN GENERAL.—The President of the carry out the policy through fiscal year 2016. develop a human capital strategy to ensure United States, through the Administrator, (3) CONSIDERATIONS.—In developing the that NASA has a workforce of the appro- and in consultation with other Federal agen- science policy under this subsection, the Ad- priate size and with the appropriate skills to cies, shall develop a national aeronautics ministrator shall consider the following carry out the programs of NASA, consistent policy to guide the aeronautics programs of issues, which shall be discussed in the trans- with the policies and plans developed pursu- NASA through 2020. mittal under paragraph (6): ant to this section. The strategy shall cover (2) CONTENT.—At a minimum, the national (A) What the most important scientific the period through fiscal year 2011. aeronautics policy shall describe for NASA— questions in space science and earth science (2) CONTENT.—The strategy shall describe, (A) the priority areas of research for aero- are. at a minimum— nautics through fiscal year 2011; (B) The relationship between NASA’s space (A) any categories of employees NASA in- (B) the basis on which and the process by and earth science activities and those of tends to reduce, the expected size and timing which priorities for ensuing fiscal years will other Federal agencies. of those reductions, the methods NASA in- be selected; (4) CONSULTATION.—In developing the pol- tends to use to make the reductions, and the (C) the facilities and personnel needed to icy under this subsection, the Administrator reasons NASA no longer needs those employ- carry out the aeronautics program through shall draw on decadal surveys and other re- ees; fiscal year 2011; and ports in planetary science, astronomy, solar (B) any categories of employees NASA in- (D) the budget assumptions on which the and space physics, earth science, and any tends to increase, the expected size and tim- national aeronautics policy is based, which other relevant fields developed by the Na- ing of those increases, the methods NASA in- for fiscal years 2006 and 2007 shall be the au- tional Academy of Sciences. The Adminis- tends to use to recruit the additional em- thorized level for aeronautics provided in trator shall also consult widely with aca- ployees, and the reasons NASA needs those title II of this Act. demic and industry experts and with other employees; (3) CONSIDERATIONS.—In developing the na- Federal agencies. (C) the steps NASA will use to retain need- tional aeronautics policy, the President shall (5) HUBBLE SPACE TELESCOPE.—The policy ed employees; and consider the following issues, which shall be developed under this subsection shall address (D) the budget assumptions of the strat- discussed in the transmittal under paragraph plans for a human mission to repair the egy, which for fiscal years 2006 and 2007 shall (5): Hubble Space Telescope consistent with sec- be consistent with the authorizations pro- (A) The extent to which NASA should tion 302 of this Act. vided in title II of this Act, and any expected focus on long-term, high-risk research or (6) SCHEDULE.—The Administrator shall additional costs or savings from the strategy more incremental research, and the expected transmit the policy developed under this by fiscal year. impact on the United States aircraft and air- subsection to the Committee on Science of CHEDULE.—The Administrator shall line industries of that decision. the House of Representatives and the Com- (3) S (B) The extent to which NASA should ad- mittee on Commerce, Science, and Transpor- transmit the strategy developed under this dress military and commercial needs. tation of the Senate not later than the date subsection to the Committee on Science of (C) How NASA will coordinate its aero- on which the President submits the proposed the House of Representatives and the Com- nautics program with other Federal agen- budget for the Federal Government for fiscal mittee on Commerce, Science, and Transpor- cies. year 2007 to the Congress. The Administrator tation of the Senate not later than the date (D) The extent to which NASA will fund shall make available to those committees on which the President submits the proposed university research, and the expected impact any study done by a nongovernmental entity budget for the Federal Government for fiscal of that funding on the supply of United that was used in the development of the pol- year 2007 to the Congress. At least 60 days States workers for the aeronautics industry. icy. before transmitting the strategy, NASA (E) The extent to which the priority areas (e) FACILITIES.— shall provide a draft of the strategy to its of research listed pursuant to paragraph (1) IN GENERAL.—The Administrator shall Federal Employee Unions for a 30-day con- (2)(A) should include the activities author- develop a plan for managing NASA’s facili- sultation period after which NASA shall re- ized by title IV of this Act, the discussion of ties through fiscal year 2015. The plan shall spond in writing to any written concerns which shall include a priority ranking of all be consistent with the policies and plans de- provided by the Unions. of the activities authorized in title IV and an veloped pursuant to this section. (4) LIMITATION.—NASA may not initiate explanation for that ranking. (2) CONTENT.—At a minimum, the plan any buyout offer until 60 days after the (4) CONSULTATION.—In the development of shall describe— strategy required by this subsection has been the national aeronautics policy, the Admin- (A) any new facilities NASA intends to ac- transmitted to the Congress in accordance istrator shall consult widely with academic quire, whether through construction, pur- with paragraph (3). NASA may not imple- and industry experts and with other Federal chase, or lease, and the expected dates for ment any Reduction in Force or other invol- agencies. The Administrator may enter into doing so; untary separations (except for cause) prior an arrangement with the National Academy (B) any facilities NASA intends to signifi- to February 16, 2007. of Sciences to help develop the national aer- cantly modify, and the expected dates for (g) CENTER MANAGEMENT.— onautics policy. doing so; (1) IN GENERAL.—The Administrator shall (5) SCHEDULE.—The Administrator shall (C) any facilities NASA intends to close, conduct a study to determine whether any of transmit the national aeronautics policy to and the expected dates for doing so; NASA’s centers should be operated by or the Committee on Appropriations and the (D) any transaction NASA intends to con- with the private sector by converting a cen- Committee on Science of the House of Rep- duct to sell, lease, or otherwise transfer the ter to a Federally Funded Research and De- resentatives, and to the Committee on Ap- ownership of a facility, and the expected velopment Center or through any other propriations and the Committee on Com- dates for doing so; mechanism. merce, Science, and Transportation of the (E) how each of the actions described in (2) CONTENT.—The study shall, at a min- Senate, not later than the date on which the subparagraphs (A), (B), (C), and (D) will en- imum— President submits the proposed budget for hance the ability of NASA to carry out its (A) make a recommendation for the oper- the Federal Government for fiscal year 2007 programs; ation of each center and provide reasons for to the Congress. The Administrator shall (F) the expected costs or savings expected that recommendation; and make available to those committees any from each of the actions described in sub- (B) describe the advantages and disadvan- study done by a nongovernmental entity paragraphs (A), (B), (C), and (D); tages of each mode of operation considered that was used in the development of the na- (G) the priority order of the actions de- in the study. tional aeronautics policy. scribed in subparagraphs (A), (B), (C), and (3) CONSIDERATIONS.—In conducting the (d) SCIENCE.— (D); study, the Administrator shall take into (1) IN GENERAL.—The Administrator shall (H) the budget assumptions of the plan, consideration the experiences of other rel- develop a policy to guide the science pro- which for fiscal years 2006 and 2007 shall be evant Federal agencies in operating labora- grams of NASA through 2016. consistent with the authorizations provided tories and centers and any reports that have (2) CONTENT.—At a minimum, the policy in title II of this Act; and reviewed the mode of operation of those lab- shall describe— (I) how facilities were evaluated in devel- oratories and centers, as well as any reports (A) the missions NASA will initiate, de- oping the plan. that have reviewed NASA’s centers. sign, develop, launch, or operate in space (3) SCHEDULE.—The Administrator shall (4) SCHEDULE.—The Administrator shall science and earth science through fiscal year transmit the plan developed under this sub- transmit the study conducted under this sub- 2016, including launch dates; section to the Committee on Science of the section to the Committee on Science of the (B) a priority ranking of all of the missions House of Representatives and the Committee House of Representatives and the Committee listed under subparagraph (A), and the ra- on Commerce, Science, and Transportation on Commerce, Science, and Transportation tionale for the ranking; of the Senate not later than the date on of the Senate not later than May 31, 2006.

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(h) BUDGETS.—The proposed budget for transmit to the Committee on Science of the (B) Upgrades needed to support Deep Space NASA submitted by the President for each House of Representatives and the Committee Network requirements. fiscal year shall be accompanied by docu- on Commerce, Science, and Transportation (C) Cost estimates for the maintenance of ments showing— of the Senate a report on each of the fol- existing Deep Space Network capabilities. (1) the budget for each element of the lowing items: (D) Cost estimates and schedules for the human space flight program; (1) The research agenda for the ISS and its upgrades described in subparagraph (B). (2) the budget for aeronautics; proposed final configuration. (2) CONSULTATIONS.—The Administrator (3) the budget for space science; (2) The number of flights the Space Shuttle shall consult with other relevant Federal (4) the budget for earth science; will make before its retirement, the purpose agencies in developing the plan under this (5) the budget for microgravity science; of those flights, and the expected date of the subsection. (6) the budget for education; final flight. (3) REPORT.—The Administrator shall (7) the budget for technology transfer pro- (3) A description of the means, other than transmit the plan under this subsection to grams; the Space Shuttle, that may be used to ferry the Committee on Science of the House of (8) the budget for the Integrated Financial crew and cargo to and from the ISS. Representatives and the Committee on Com- Management Program, by individual ele- (4) A plan for the operation of the ISS in merce, Science, and Transportation of the ment; the event that the Iran Nonproliferation Act Senate not later than February 17, 2007. (9) the budget for the Independent Tech- of 2000 is not amended. (d) PUBLIC RELATIONS.—Not later than De- nical Authority, both total and by center; (5) A description of the launch vehicle for cember 31, 2005, the Administrator shall (10) the budget for public relations, by pro- the Crew Exploration Vehicle. transmit a plan to the Committee on Appro- gram; (6) A description of any heavy lift vehicle priations and the Committee on Science of (11) the comparable figures for at least the NASA intends to develop, the intended uses the House of Representatives, and to the 2 previous fiscal years for each item in the of that vehicle, and whether the decision to Committee on Appropriations and the Com- proposed budget; develop that vehicle has undergone an inter- mittee on Commerce, Science, and Transpor- (12) the amount of unobligated funds and agency review. tation of the Senate, describing the activi- unexpended funds, by appropriations ac- (7) A description of the intended purpose of ties that will be undertaken as part of the count— lunar missions and the architecture for those national awareness campaign required by the (A) that remained at the end of the fiscal missions. report of the Committee on Appropriations year prior to the fiscal year in which the (8) The program goals for Project Pro- of the House of Representatives accom- budget is being presented that were carried metheus. panying the Science, State, Justice, Com- over into the fiscal year in which the budget (9) A plan for managing the cost increase merce, and Related Agencies Appropriations is being presented; for the James Webb Space Telescope. Act, 2006, and the expected cost of those ac- (B) that are estimated will remain at the (b) CREW EXPLORATION VEHICLE.—The Ad- tivities. NASA may undertake activities as end of the fiscal year in which the budget is ministrator shall not enter into a develop- part of the national awareness campaign being presented that are proposed to be car- ment contract for the Crew Exploration Ve- prior to the transmittal of the plan required ried over into the fiscal year for which the hicle until at least 30 days after the Admin- by this subsection, but not until 15 days budget is being presented; and istrator has transmitted to the Committee after notifying the Committee on Science of (C) that are estimated will remain at the on Science of the House of Representatives the House of Representatives and the Com- end of the fiscal year for which the budget is and the Committee on Commerce, Science, mittee on Commerce, Science, and Transpor- being presented; and and Transportation of the Senate a report tation of the Senate of any activity. The (13) the budget for safety, by program. describing— plan required by this subsection shall in- (i) GENERAL AND ADMINISTRATIVE EX- (1) the expected cost of the Crew Explo- clude the estimated costs of any activities PENSES.—NASA shall make available, upon ration Vehicle through fiscal year 2020, based undertaken pursuant to notice under the request from the Committee on Science of on the specifications for that development preceding sentence. the House of Representatives or the Com- contract; (e) JOINT DARK ENERGY MISSION.—The Ad- mittee on Commerce, Science, and Transpor- (2) the expected budgets for each fiscal ministrator and the Director of the Depart- tation of the Senate, information on Cor- year through fiscal year 2020 for human ment of Energy Office of Science shall joint- porate and Center General and Administra- space flight, aeronautics, space science, and ly transmit to the Committee on Science of tive Costs and Service Pool costs, includ- earth science— the House of Representatives and the Com- ing— (A) first assuming inflationary growth for mittee on Commerce, Science, and Transpor- (1) the total amount of funds being allo- the budget of NASA as a whole and including tation of the Senate, not later than the date cated for those purposes for any fiscal year costs for the Crew Exploration Vehicle as on which the President submits the proposed for which the President has submitted an an- projected under paragraph (1); and budget for the Federal Government for fiscal nual budget request to Congress; (B) then assuming inflationary growth for year 2007, a report on plans for a Joint Dark (2) the amount of funds being allocated for the budget of NASA as a whole and including Energy Mission. The report shall include the those purposes for each center, for head- at least two cost estimates for the Crew Ex- amount of funds each agency intends to ex- quarters, and for each directorate; and ploration Vehicle that are higher than those pend on the Joint Dark Energy Mission for (3) the major activities included in each projected under paragraph (1), based on each of the fiscal years 2007 through 2011, and cost category. NASA’s past experience with cost increases any specific milestones for the development (j) NASA TEST FACILITIES.— for similar programs, along with a descrip- and launch of the Mission. (1) REVIEW.—The Director of the Office of tion of the reasons for selecting the cost es- Science and Technology Policy shall com- timates used for the calculations under this (f) SHUTTLE EMPLOYEE TRANSITION.—The mission an independent review of the Na- subparagraph and the probability that the Administrator shall consult with other ap- tion’s long-term strategic needs for test fa- cost of the Crew Exploration Vehicle will propriate Federal agencies and with NASA cilities and shall submit the review to the reach those estimated amounts; and contractors and employees to develop a tran- Committee on Science of the House of Rep- (3) the extent to which the Crew Explo- sition plan for Federal and contractor per- resentatives and the Committee on Com- ration Vehicle will allow for the escape of sonnel engaged in the Space Shuttle pro- merce, Science, and Transportation of the the crew in the event of an emergency. gram. The plan shall include actions to as- Senate. The review shall include an evalua- (c) SPACE COMMUNICATIONS STUDY.— sist Federal and contractor personnel to tion of the facility needs described pursuant (1) STUDY.—The Administrator shall de- take advantage of training, retraining, job to subsection (c)(2)(C). velop a plan for updating NASA’s space com- placement, and relocation programs, and any (2) LIMITATION.—The Administrator shall munications architecture for both low-Earth other actions that NASA will take to assist not close or mothball any aeronautical test orbital operations and deep space explo- the employees. The plan shall also describe facilities identified in the 2003 independent ration so that it is capable of meeting how the Administrator will ensure that assessment by the RAND Corporation, enti- NASA’s needs over the next 20 years. The NASA and its contractors will have an ap- tled ‘‘Wind Tunnel and Propulsion Test Fa- plan shall also include life-cycle cost esti- propriate complement of employees to allow cilities: An Assessment of NASA’s Capabili- mates, milestones, estimated performance for the safest possible use of the Space Shut- ties to Serve National Needs’’ as being part capabilities, and 5-year funding profiles. The tle through its final flight. The Adminis- of the minimum set of those facilities nec- plan shall also include an estimate of the trator shall transmit the plan to the Com- essary to retain and manage to serve na- amounts of any reimbursements NASA is mittee on Science of the House of Represent- tional needs, as well as any other non-aero- likely to receive from other Federal agencies atives and the Committee on Commerce, nautical NASA test facilities that were in during the expected life of the upgrades de- Science, and Transportation of the Senate use as of January 1, 2004, until the review scribed in the plan. The plan shall include a not later than February 1, 2006. conducted under paragraph (1) has been description of the following: (g) OFFICE OF SCIENCE AND TECHNOLOGY transmitted to the Congress. (A) Projected Deep Space Network require- POLICY.— SEC. 102. REPORTS. ments for the next decade, including those in (1) STUDY.—The Director of the Office of (a) IMMEDIATE ISSUES.—Not later than Sep- support of human space exploration mis- Science and Technology Policy shall conduct tember 30, 2005, the Administrator shall sions. a study to determine—

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10983 (A) if any research and development pro- under this section shall be known as Major analysis of the program, which shall include, grams of NASA are unnecessarily dupli- Program Annual Reports. at a minimum— cating aspects of programs of other Federal (2) BASELINE REPORT.—The first Major Pro- (A) the projected cost and schedule for agencies; and gram Annual Report for each major program completing the program if current require- (B) if any research and development pro- shall include a Baseline Report that shall, at ments of the program are not modified; grams of NASA are neglecting any topics of a minimum, include— (B) the projected cost and the schedule for national interest that are related to the mis- (A) the purposes of the program and key completing the program after instituting the sion of NASA. technical characteristics necessary to fulfill actions described under paragraph (1)(B); and (2) REPORT.—Not later than March 1, 2006, those purposes; (C) a description of, and the projected cost the Director of the Office of Science and (B) an estimate of the life-cycle cost for and schedule for, a broad range of alter- Technology Policy shall transmit to the the program, with a detailed breakout of the natives to the program. Committee on Science of the House of Rep- development cost, program reserves, and an NASA shall complete an analysis initiated resentatives and the Committee on Com- estimate of the annual costs until the devel- under paragraph (2) not later than 6 months merce, Science, and Transportation of the opment is completed; after the Administrator makes a determina- Senate a report that— (C) the schedule for the development, in- tion under this subsection. The Adminis- (A) describes the results of the study under cluding key program milestones; trator shall transmit the analysis to the paragraph (1); (D) the plan for mitigating technical, Committee on Science of the House of Rep- (B) lists the research and development pro- schedule, and cost risks prepared in accord- resentatives and Committee on Commerce, grams of Federal agencies other than NASA ance with subsection (a)(1)(A); and Science, and Transportation of the Senate that were reviewed as part of the study, (E) the name of the person responsible for not later than 30 days after its completion. which shall include any program supporting making notifications under subsection (c), (e) THIRTY PERCENT THRESHOLD.—If the Ad- research and development in an area related who shall be an individual whose primary re- ministrator determines under subsection (d) to the programs of NASA, and the most re- sponsibility is overseeing the program. that the development cost of a program will cent budget figures for those programs of (3) INFORMATION UPDATES.—For major pro- exceed the estimate provided in the Baseline other agencies; grams with respect to which a Baseline Re- Report of the program by more than the (C) recommends any changes to the re- port has been previously submitted, each lower of 30 percent or $1,000,000,000, then, be- search and development programs of NASA subsequent Major Program Annual Report ginning 18 months after the date the Admin- that should be made to eliminate unneces- shall describe any changes to the informa- istrator transmits a report under subsection sary duplication or address topics of national tion that had been provided in the Baseline (d)(1), the Administrator shall not expend interest; and Report, and the reasons for those changes. any additional funds on the program, other (D) describes mechanisms the Office of (c) NOTIFICATION.— than termination costs, unless the Congress Science and Technology Policy will use to (1) REQUIREMENT.—The individual identi- has subsequently authorized continuation of ensure adequate coordination between NASA fied under subsection (b)(2)(D) shall imme- the program by law. An appropriation for the and Federal agencies that operate related diately notify the Administrator any time program enacted subsequent to a report programs. that individual has reasonable cause to be- being transmitted shall be considered an au- lieve that, for the major program for which (h) OFFICE OF SMALL AND DISADVANTAGED thorization for purposes of this subsection. If he or she is responsible— BUSINESS UTILIZATION.—The Administrator the program is continued, the Administrator shall transmit to the Committee on Science (A) the development cost of the program is shall submit a new Baseline Report for the and the Committee on Small Business of the likely to exceed the estimate provided in the program no later than 90 days after the date House of Representatives and the Committee Baseline Report of the program by 15 percent of enactment of the Act under which Con- on Commerce, Science, and Transportation or more; or gress has authorized continuation of the pro- and the Committee on Small Business and (B) a milestone of the program is likely to gram. be delayed by 6 months or more from the Entrepreneurship of the Senate a quarterly (f) DEFINITIONS.—For the purposes of this report on the NASA Office of Small and Dis- date provided for it in the Baseline Report of section— advantaged Business Utilization, which shall the program. (1) the term ‘‘development’’ means the include a description of the outreach activi- (2) REASONS.—Not later than 7 days after phase of a program following the formula- ties of the Office and the impact of such ac- the notification required under paragraph tion phase and beginning with the approval tivities on the participation of small busi- (1), the individual identified under sub- to proceed to implementation, as defined in nesses, including small businesses owned by section (b)(2)(D) shall transmit to the Ad- NASA’s Procedural Requirements 7120.5c, women and minorities, in NASA contracts. ministrator a written notification explaining dated March 22, 2005; the reasons for the change in the cost or SEC. 103. BASELINES AND COST CONTROLS. (2) the term ‘‘development cost’’ means the milestone of the program for which notifica- total of all costs, including construction of (a) CONDITIONS FOR DEVELOPMENT.— tion was provided under paragraph (1). (1) IN GENERAL.—NASA shall not enter into facilities and civil servant costs, from the (3) NOTIFICATION OF CONGRESS.—Not later period beginning with the approval to pro- a contract for the development phase of a than 5 days after the Administrator receives major program unless the Administrator de- ceed to implementation through the achieve- a written notification under paragraph (2), ment of operational readiness, without re- termines that— the Administrator shall transmit the notifi- (A) the technical, cost, and schedule risks gard to funding source or management con- cation to the Committee on Science of the trol, for the life of the program; of the program are clearly identified and the House of Representatives and the Committee program has developed a plan to manage (3) the term ‘‘life-cycle cost’’ means the on Commerce, Science, and Transportation total of the direct, indirect, recurring, and those risks; and of the Senate. (B) the program complies with all relevant nonrecurring costs, including the construc- (d) FIFTEEN PERCENT THRESHOLD.—Not tion of facilities and civil servant costs, and policies, regulations, and directives of later than 30 days after receiving a written other related expenses incurred or estimated NASA. notification under subsection (c)(2), the Ad- to be incurred in the design, development, (2) REPORT.—The Administrator shall ministrator shall determine whether the de- verification, production, operation, mainte- transmit a report describing the basis for the velopment cost of the program is likely to nance, support, and retirement of a program determination required under paragraph (1) exceed the estimate provided in the Baseline to the Committee on Science of the House of Report of the program by 15 percent or more, over its planned lifespan, without regard to Representatives and the Committee on Com- or whether a milestone is likely to be de- funding source or management control; and merce, Science, and Transportation of the layed by 6 months or more. If the determina- (4) the term ‘‘major program’’ means an Senate at least 30 days before entering into tion is affirmative, the Administrator shall— activity approved to proceed to implementa- a contract for development under a major (1) transmit to the Committee on Science tion that has an estimated life-cycle cost of program. of the House of Representatives and the more than $150,000,000. (3) NONDELEGATION.—The Administrator Committee on Commerce, Science, and SEC. 104. PRIZE AUTHORITY. may not delegate the determination require- Transportation of the Senate, not later than The National Aeronautics and Space Act of ment under this subsection, except in cases 14 days after making the determination, a 1958 (42 U.S.C. 2451, et seq.) is amended by in- in which the Administrator has a conflict of report that includes— serting after section 313 the following new interest. (A) a description of the increase in cost or section: (b) MAJOR PROGRAM ANNUAL REPORTS.— delay in schedule and a detailed explanation ‘‘PRIZE AUTHORITY (1) REQUIREMENT.—Not later than February for the increase or delay; ‘‘SEC. 314. (a) IN GENERAL.—The Adminis- 15 of each year following the date of enact- (B) a description of actions taken or pro- tration may carry out a program to competi- ment of this Act, the Administrator shall posed to be taken in response to the cost in- tively award cash prizes to stimulate innova- transmit to the Committee on Science of the crease or delay; and tion in basic and applied research, tech- House of Representatives and the Committee (C) a description of any impacts the cost nology development, and prototype dem- on Commerce, Science, and Transportation increase or schedule delay will have on any onstration that have the potential for appli- of the Senate a report on each major pro- other program within NASA; and cation to the performance of the space and gram for which NASA proposes to expend (2) if the Administrator intends to con- aeronautical activities of the Administra- funds in the subsequent fiscal year. Reports tinue with the program, promptly initiate an tion. The Administration may carry out a

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10984 CONGRESSIONAL RECORD — HOUSE November 18, 2005 program to award prizes only in conformity with a private, nonprofit entity to admin- return-to-flight and continue-to-fly rec- with this section. ister the prize competition, subject to the ommendations of the Columbia Accident In- ‘‘(b) TOPICS.—In selecting topics for prize provisions of this section. vestigation Board,’’; competitions, the Administrator shall con- ‘‘(i) FUNDING.—(1) The Administrator may (3) by inserting ‘‘and the Congress’’ after sult widely both within and outside the Fed- accept funds from other Federal agencies and ‘‘advise the Administrator’’; eral Government, and may empanel advisory from the private sector for cash prizes under (4) by striking ‘‘and with respect to the committees. this section. The Administrator may not adequacy of proposed or existing safety ‘‘(c) ADVERTISING.—The Administrator give any special consideration to any private standards and shall’’ and inserting ‘‘, with shall widely advertise prize competitions to sector entity in return for a donation. respect to the adequacy of proposed or exist- encourage participation. ‘‘(2) Notwithstanding any other provision ing safety standards, and with respect to ‘‘(d) REQUIREMENTS AND REGISTRATION.— of law, funds appropriated for prize awards management and culture. The Panel shall For each prize competition, the Adminis- under this section shall remain available also’’; and trator shall publish a notice in the Federal until expended, and may be transferred, re- (5) by adding at the end the following: Register announcing the subject of the com- programmed, or expended for other purposes petition, the rules for being eligible to par- ‘‘(b) ANNUAL REPORT.—The Panel shall sub- only after the expiration of 10 fiscal years ticipate in the competition, the amount of mit an annual report to the Administrator the prize, and the basis on which a winner after the fiscal year for which the funds were and to the Congress. In the first annual re- will be selected. originally appropriated. No provision in this port submitted after the date of enactment ‘‘(e) ELIGIBILITY.—To be eligible to win a section permits obligation or payment of of the National Aeronautics and Space Ad- prize under this section, an individual or en- funds in violation of the Anti-Deficiency Act ministration Authorization Act of 2005, the tity— (31 U.S.C. 1341). Panel shall include an evaluation of the Ad- ‘‘(1) shall have registered to participate in ‘‘(3) No prize may be announced under sub- ministration’s safety management culture. the competition pursuant to any rules pro- section (d) until all the funds needed to pay Each annual report shall include an evalua- mulgated by the Administrator under sub- out the announced amount of the prize have tion of the Administration’s compliance with section (d); been appropriated or committed in writing the recommendations of the Columbia Acci- ‘‘(2) shall have complied with all the re- by a private source. The Administrator may dent Investigation Board.’’. increase the amount of a prize after an ini- quirements under this section; SEC. 107. LESSONS LEARNED AND BEST PRAC- ‘‘(3) in the case of a private entity, shall be tial announcement is made under subsection TICES. (d) if— incorporated in and maintain a primary (a) IN GENERAL.—The Administrator shall (A) notice of the increase is provided in the place of business in the United States, and in transmit to the Committee on Science of the same manner as the initial notice of the the case of an individual, whether partici- House of Representatives and the Committee prize; and pating singly or in a group, shall be a citizen on Commerce, Science, and Transportation (B) the funds needed to pay out the an- or permanent resident of the United States; of the Senate an implementation plan de- nounced amount of the increase have been and scribing NASA’s approach for obtaining, im- appropriated or committed in writing by a ‘‘(4) shall not be a Federal entity or Fed- plementing, and sharing lessons learned and private source. eral employee acting within the scope of best practices for its major programs and ‘‘(4) No prize competition under this sec- their employment. projects not later than 180 days after the tion may offer a prize in an amount greater ‘‘(f) LIABILITY.—(1) Registered participants date of enactment of this Act. The imple- than $10,000,000 unless 30 days have elapsed must agree to assume any and all risks and mentation plan shall be updated and main- after written notice has been provided to the waive claims against the United States Gov- tained to ensure that it is current and con- ernment and its related entities, except in Committee on Science of the House of Rep- sistent with the burgeoning culture of learn- the case of willful misconduct, for any in- resentatives and the Committee on Com- ing and safety that is emerging at NASA. jury, death, damage, or loss of property, rev- merce, Science, and Transportation of the enue, or profits, whether direct, indirect, or Senate. (b) REQUIRED CONTENT.—The implementa- consequential, arising from their participa- ‘‘(j) USE OF NASA NAME AND INSIGNIA.—A tion plan shall contain at a minimum the tion in a competition, whether such injury, registered participant in a competition lessons learned and best practices require- death, damage, or loss arises through neg- under this section may use the Administra- ments for NASA, the organizations or posi- ligence or otherwise. For the purposes of this tion’s name, initials, or insignia only after tions responsible for enforcement of the re- paragraph, the term ‘related entity’ means a prior review and written approval by the Ad- quirements, the reporting structure, and the contractor or subcontractor at any tier, and ministration. objective performance measures indicating a supplier, user, customer, cooperating ‘‘(k) COMPLIANCE WITH EXISTING LAW.—The the effectiveness of the activity. party, grantee, investigator, or detailee. Federal Government shall not, by virtue of (c) INCENTIVES.—The Administrator shall ‘‘(2) Participants must obtain liability in- offering or providing a prize under this sec- provide incentives to encourage sharing and surance or demonstrate financial responsi- tion, be responsible for compliance by reg- implementation of lessons learned and best bility in amounts determined by the Admin- istered participants in a prize competition practices by employees, projects, and pro- istrator, from claims by— with Federal law, including licensing, export grams, as well as penalties for programs and ‘‘(A) a third party for death, bodily injury, control, and nonproliferation laws, and re- projects that are determined not to have or property damage, or loss resulting from lated regulations.’’. demonstrated use of those resources. an activity carried out in connection with SEC. 105. FOREIGN LAUNCH VEHICLES. SEC. 108. COMMERCIALIZATION PLAN. participation in a competition, with the Fed- (a) ACCORD WITH SPACE TRANSPORTATION eral Government named as an additional in- (a) IN GENERAL.—The Administrator, in POLICY.—NASA shall not launch a mission sured under the registered participant’s in- consultation with other relevant agencies, on a foreign launch vehicle except in accord- surance policy and registered participants shall develop a commercialization plan to ance with the Space Transportation Policy agreeing to indemnify the Federal Govern- support the human missions to the Moon and announced by the President on December 21, ment against third party claims for damages Mars, to support Low-Earth Orbit activities 2004. arising from or related to competition ac- and Earth science missions and applications, (b) INTERAGENCY COORDINATION.—NASA tivities; and and to transfer science research and tech- shall not launch a mission on a foreign ‘‘(B) the United States Government for nology to society. The plan shall identify op- launch vehicle unless NASA commenced the damage or loss to Government property re- portunities for the private sector to partici- interagency coordination required by the sulting from such an activity. pate in the future missions and activities, in- Space Transportation Policy announced by ‘‘(g) JUDGES.—For each competition, the cluding opportunities for partnership be- Administration, either directly or through a the President on December 21, 2004, at least tween NASA and the private sector in con- contract under subsection (h), shall assemble 90 days before entering into a development ducting research and the development of a panel of qualified judges to select the win- contract for the mission. technologies and services. The plan shall in- ner or winners of the prize competition on (c) APPLICATION.—This section shall not clude provisions for developing and funding the basis described pursuant to subsection apply to any mission for which development sustained university and industry partner- (d). Judges for each competition shall in- has begun prior to the date of enactment of ships to conduct commercial research and clude individuals from outside the Adminis- this Act, including the James Webb Space technology development, to proactively tration, including from the private sector. A Telescope. translate results of space research to Earth judge may not— SEC. 106. SAFETY MANAGEMENT. benefits, to advance United States economic ‘‘(1) have personal or financial interests in, Section 6 of the National Aeronautics and interests, and to support the vision for explo- or be an employee, officer, director, or agent Space Administration Authorization Act, ration. of any entity that is a registered participant 1968 (42 U.S.C. 2477) is amended— (b) REPORT.—Not later than 180 days after in a competition; or (1) by inserting ‘‘(a) IN GENERAL.—’’ before the date of enactment of this Act, the Ad- ‘‘(2) have a familial or financial relation- ‘‘There is hereby’’; ministrator shall submit a copy of the plan ship with an individual who is a registered (2) by striking ‘‘plans referred to it’’ and to the Committee on Science of the House of participant. inserting ‘‘plans referred to it, including Representatives and the Committee on Com- ‘‘(h) ADMINISTERING THE COMPETITION.—The evaluating the National Aeronautics and merce, Science, and Transportation of the Administrator may enter into an agreement Space Administration’s compliance with the Senate.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10985 SEC. 109. STUDY ON THE FEASIBILITY OF USE OF (4) For the Office of Inspector General, and the Committee on Commerce, Science, GROUND SOURCE HEAT PUMPS. $32,400,000. and Transportation of the Senate. (a) IN GENERAL.—The Administrator shall SEC. 203. FISCAL YEAR 2007. SEC. 209. COST OVERRUNS. conduct a feasibility study on the use of There are authorized to be appropriated to When reprogramming funds to cover unex- ground source heat pumps in future NASA NASA for fiscal year 2007 $17,726,800,000, as pected cost growth within a program, the facilities or substantial renovation of exist- follows: Administrator shall, to the maximum extent ing NASA facilities involving the installa- (1) For Science, Aeronautics and Education practicable, protect funds intended for fun- tion of heating, ventilating, and air condi- (including amounts for construction of fa- damental and applied Research and Analysis. tioning systems. Not later than 1 year after cilities), $7,331,600,000 of which— the date of enactment of this Act, the Ad- SEC. 210. OFFICIAL REPRESENTATIONAL FUND. (A) $990,000,000 shall be for Aeronautics; Amounts appropriated pursuant to this Act ministrator shall transmit the study to the and Committee on Science of the House of Rep- may be used, but not to exceed a total of (B) $24,000,000 shall be for the National $35,000 in any fiscal year, for official recep- resentatives and the Committee on Com- Space Grant College and Fellowship Pro- merce, Science, and Transportation of the tion and representation expenses. gram. SEC. 211. INTERNATIONAL SPACE STATION COST Senate. (2) For Exploration Systems (including (b) CONTENTS.—The study shall examine— CAP. amounts for construction of facilities), (1) the life-cycle costs, including mainte- Section 202 of the National Aeronautics $4,514,000,000. nance costs, of the operation of such heat and Space Administration Authorization Act (3) For Space Operations (including pumps compared to generally available heat- of 2000 (42 U.S.C. 2451 note) is repealed. amounts for construction of facilities), ing, cooling, and water heating equipment; TITLE III—SCIENCE $5,847,700,000. (2) barriers to installation, such as avail- (4) For the Office of Inspector General, Subtitle A—General Provisions ability and suitability of terrain; and $33,500,000. SEC. 301. PERFORMANCE ASSESSMENTS. (3) such other issues as the Administrator (a) IN GENERAL.—Performance of each dis- considers appropriate. SEC. 204. ISS RESEARCH. (c) DEFINITION.—In this section, the term The Administrator shall allocate at least cipline in the Science account of NASA shall ‘‘ground source heat pump’’ means an elec- 15 percent of the funds budgeted for ISS re- be reviewed and assessed by the National tric-powered system that uses the Earth’s search to research that is not directly re- Academy of Sciences at 5-year intervals. relatively constant temperature to provide lated to supporting the human exploration (b) TIMING.—Beginning with the first fiscal heating, cooling, or hot water. program. year following the date of enactment of this Act, the Administrator shall select at least SEC. 110. SPACE SHUTTLE RETURN TO FLIGHT. SEC. 205. TEST FACILITIES. one discipline for review under this section. It is the sense of Congress that, in keeping (a) CHARGES.—The Administrator shall es- The Administrator shall select disciplines so with the President’s Vision for Space Explo- tablish a policy of charging users of NASA’s that all disciplines will have received their ration, the Space Shuttle should return to test facilities for the costs associated with first review within six fiscal years of the flight as soon as the Administrator deter- their tests at a level that is competitive with date of enactment of this Act. mines that a flight can be accomplished with alternative test facilities. As a general prin- (c) REPORTS.—Not later than March 1 of an acceptable level of safety. ciple, NASA shall not seek to recover the each year, beginning with the first fiscal SEC. 111. WHISTLEBLOWER PROTECTION. full costs of the operation of those facilities from the users. The Administrator shall not year after the date of enactment of this Act, Not later than 1 year after the date of en- the Administrator shall transmit a report to actment of this Act, the Administrator shall implement a policy of seeking full cost re- covery for a facility until at least 30 days the Committee on Science of the House of transmit to the Committee on Science of the Representatives and the Committee on Com- House of Representatives and the Committee after transmitting a notice to the Com- mittee on Science of the House of Represent- merce, Science, and Transportation of the on Commerce, Science and Transportation of Senate— the Senate a plan describing steps to be atives and the Committee on Commerce, Science, and Transportation of the Senate. (1) setting forth in detail the results of any taken by NASA to protect the employment external review under subsection (a); status of NASA employees who raise or have (b) FUNDING ACCOUNT.—The Administrator shall establish a funding account that shall (2) setting forth in detail actions taken by raised concerns about a potentially cata- NASA in response to any external review; strophic risk to health or safety. be used for all test facilities. The account shall be sufficient to maintain the viability and TITLE II—AUTHORIZATION OF (3) including a summary of findings and APPROPRIATIONS of test facilities during periods of low utili- zation. recommendations from any other relevant SEC. 201. STRUCTURE OF BUDGETARY AC- external reviews of NASA’s science mission COUNTS. SEC. 206. PROPORTIONALITY. priorities and programs. Section 313 of the National Aeronautics If the total amount appropriated for NASA pursuant to section 202 or 203 is less than the SEC. 302. STATUS REPORT ON HUBBLE SPACE and Space Act of 1958 (42 U.S.C. 2459f) is TELESCOPE SERVICING MISSION. amount authorized under such section, the amended to read as follows: It is the sense of the Congress that the amounts authorized under each of the ac- ‘‘SEC. 313. BUDGETARY ACCOUNTS. Hubble Space Telescope is an extraordinary counts specified in such section shall be re- ‘‘Appropriations for the Administration for instrument that has provided, and should duced proportionately. fiscal year 2007 and thereafter shall be made continue to provide, answers to profound sci- in four accounts, ‘Science, Aeronautics, and SEC. 207. LIMITATIONS ON AUTHORITY. entific questions. In accordance with the rec- Education’, ‘Exploration Systems’, ‘Space Notwithstanding any other provision of ommendations of the National Academy of Operations’, and an account for amounts ap- this Act, no amount appropriated pursuant Sciences study titled ‘‘Assessment of Options propriated for the necessary expenses of the to this Act may be used for any program in for Extending the Life of the Hubble Space Office of the Inspector General. Appropria- excess of the amount actually authorized for Telescope’’, all appropriate efforts should be tions shall remain available for two fiscal the particular program by section 202 or 203, expended to complete the Space Shuttle years, unless otherwise specified in law. unless a period of 30 days has passed after servicing mission. Upon successful comple- Each account shall include the planned full the receipt, by the Committee on Science of tion of the planned return-to-flight schedule costs of Administration activities.’’. the House of Representatives and the Com- of the Space Shuttle, the Administrator SEC. 202. FISCAL YEAR 2006. mittee on Commerce, Science, and Transpor- shall determine the schedule for a Space There are authorized to be appropriated to tation of the Senate, of notice given by the Shuttle servicing mission to the Hubble NASA for fiscal year 2006 $16,965,650,000, as Administrator containing a full and com- Space Telescope, unless such a mission follows: plete statement of the action proposed to be would compromise astronaut safety. Not (1) For Science, Aeronautics and Education taken and the facts and circumstances relied later than 60 days after the landing of the (including amounts for construction of fa- upon in support of such a proposed action. second Space Shuttle mission for return-to- cilities), $6,870,250,000 of which— NASA shall keep the Committee on Science flight certification, the Administrator shall (A) $962,000,000 shall be for Aeronautics; of the House of Representatives and the transmit to the Committee on Science of the (B) $150,000,000 shall be for a Hubble Space Committee on Commerce, Science, and House of Representatives and the Committee Telescope servicing mission; Transportation of the Senate fully and cur- on Commerce, Science, and Transportation (C) $24,000,000 shall be for the National rently informed with respect to all activities of the Senate a status report on plans for a Space Grant College and Fellowship Pro- and responsibilities within the jurisdiction Hubble Space Telescope servicing mission. of those Committees. gram; and SEC. 303. INDEPENDENT ASSESSMENT OF (D) $8,900,000 for the Science and Tech- SEC. 208. NOTICE OF REPROGRAMMING. LANDSAT-NPOESS INTEGRATED MIS- nology Scholarship Program. If any funds authorized by this Act are sub- SION. (2) For Exploration Systems (including ject to a reprogramming action that requires (a) ASSESSMENT.—In view of the impor- amounts for construction of facilities), notice to be provided to the Appropriations tance of ensuring continuity of Landsat data $3,844,100,000. Committees of the House of Representatives and in view of the challenges facing the Na- (3) For Space Operations (including and the Senate, notice of such action shall tional Polar-Orbiting Environmental Sat- amounts for construction of facilities), concurrently be provided to the Committee ellite System program, the Administrator $6,218,900,000. on Science of the House of Representatives shall seek an independent assessment of the

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10986 CONGRESSIONAL RECORD — HOUSE November 18, 2005 costs as well as the technical, cost, and ther potential scientific uses of the ISS for data sets are not available or applicable, or schedule risks associated with incorporating other applications, such as technology devel- the fusion of such data sets; the Landsat instrument on the first National opment, development of manufacturing proc- (2) integrate multiple sources of geospatial Polar-Orbiting Environmental Satellite Sys- esses, Earth observation and characteriza- information, such as geographic information tem spacecraft versus undertaking a dedi- tion, and astronomical observations. system data, satellite-provided positioning cated Landsat data ‘‘gap-filler’’ mission fol- SEC. 306. COORDINATION WITH THE NATIONAL data, and remotely sensed data, in innova- lowed by the incorporation of the Landsat OCEANIC AND ATMOSPHERIC AD- tive ways; instrument on the second National Polar-Or- MINISTRATION. (3) include funds or in-kind contributions biting Environmental Satellite System (a) JOINT WORKING GROUP.—The Adminis- from non-Federal sources; spacecraft. The assessment shall also include trator and the Administrator of the National (4) involve the participation of commercial an evaluation of the budgetary requirements Oceanic and Atmospheric Administration entities that process raw or lightly processed of each of the options under consideration. shall appoint a Joint Working Group, which data, often merging that data with other (b) REPORT.—The Administrator shall shall review and monitor missions of the two geospatial information, to create data prod- transmit the independent assessment to the agencies to ensure maximum coordination in ucts that have significant value added to the Committee on Science of the House of Rep- the design, operation, and transition of mis- original data; and resentatives and the Committee on Com- sions. The Joint Working Group shall also (5) taken together demonstrate as diverse a merce, Science, and Transportation of the prepare the transition plans required by sub- set of public sector applications as possible. Senate not later than 180 days after the date section (c). (c) OPPORTUNITIES.—In carrying out this of enactment of this Act. (b) COORDINATION REPORT.—Not later than section, the Administrator shall seek oppor- SEC. 304. ASSESSMENT OF SCIENCE MISSION EX- February 15 of each year, the Administrator tunities to assist— TENSIONS. and the Administrator of the National Oce- (1) in the development of commercial ap- (a) ASSESSMENT.—The Administrator shall anic and Atmospheric Administration shall plications potentially available from the re- carry out annual termination reviews within jointly transmit a report to the Committee mote sensing industry; and each of the Science disciplines to assess the on Science of the House of Representatives (2) State, local, regional, and tribal agen- cost and benefits of extending the date of the and the Committee on Commerce, Science, cies in applying remote sensing and other termination of data collection for those mis- and Transportation of the Senate on how the geospatial information technologies for sions which are beyond their primary goals. earth science programs of the National Oce- growth management. In addition: anic and Atmospheric Administration and (d) DURATION.—Assistance for a pilot (1) Not later than 60 days after the date of NASA will be coordinated during the fiscal project under subsection (a) shall be pro- enactment of this Act, the Administrator year following the fiscal year in which the vided for a period not to exceed 3 years. shall carry out such an assessment for the report is transmitted. (e) REPORT.—Each recipient of a grant following missions: FAST, TIMED, Cluster, (c) COORDINATION OF TRANSITION PLANNING under subsection (a) shall transmit a report Wind, Geotail, Polar, TRACE, Ulysses, and AND REPORTING.—The Administrator, in con- to the Administrator on the results of the Voyager. junction with the Administrator of the Na- pilot project within 180 days of the comple- (2) For those missions that have an oper- tional Oceanic and Atmospheric Administra- tion of that project. ational component, the National Oceanic and tion, shall evaluate all NASA missions for (f) WORKSHOP.—Each recipient of a grant Atmospheric Administration shall be con- their potential operational capabilities and under subsection (a) shall, not later than 180 sulted and the potential benefits of instru- shall prepare transition plans for all existing days after the completion of the pilot ments on missions which are beyond their and future Earth observing systems found to project, conduct at least one workshop for primary goals taken into account. have potential operational capabilities and potential users to disseminate the lessons (b) REPORT.—Not later than 30 days after all National Oceanic and Atmospheric Ad- learned from the pilot project as widely as completing the assessments required by sub- ministration operational space-based sys- feasible. section (a)(1), the Administrator shall trans- tems. (g) REGULATIONS.—The Administrator shall mit a report on the assessment to the Com- (d) LIMITATION.—The Administrator shall issue regulations establishing application, mittee on Science of the House of Represent- not transfer any NASA earth science mission selection, and implementation procedures atives and the Committee on Commerce, or Earth observing system to the National for pilot projects, and guidelines for reports Science, and Transportation of the Senate. Oceanic and Atmospheric Administration and workshops required by this section. SEC. 305. MICROGRAVITY RESEARCH. until the transition plan required under sub- SEC. 313. PROGRAM EVALUATION. (a) IN GENERAL.—The Administrator section (c) has been approved by the Admin- (a) ADVISORY COMMITTEE.—The Adminis- shall— istrator and the Administrator of the Na- trator shall establish an advisory com- (1) not later than 60 days after the date of tional Oceanic and Atmospheric Administra- mittee, consisting of individuals with appro- enactment of this Act, provide to the Com- tion and until financial resources have been priate expertise in State, local, regional, and mittee on Science of the House of Represent- identified to support the transition or trans- tribal agencies, the university research com- atives and the Committee on Commerce, fer in the President’s budget request for the munity, and the remote sensing and other Science, and Transportation of the Senate an National Oceanic and Atmospheric Adminis- geospatial information industry, to monitor assessment of microgravity research planned tration. the program established under section 312. for implementation aboard the ISS that in- Subtitle B—Remote Sensing The advisory committee shall consult with cludes the identification of research which the Federal Geographic Data Committee and can be performed in ground-based facilities SEC. 311. DEFINITIONS. other appropriate industry representatives and then validated in space; In this subtitle— and organizations. Notwithstanding section (2) ensure the capacity to support ground- (1) the term ‘‘geospatial information’’ 14 of the Federal Advisory Committee Act, based research leading to space-based basic means knowledge of the nature and distribu- the advisory committee established under and applied scientific research in a variety of tion of physical and cultural features on the this subsection shall remain in effect until disciplines with potential direct national landscape based on analysis of data from air- the termination of the program under sec- benefits and applications that can advance borne or spaceborne platforms or other types tion 312. significantly from the uniqueness of micro- and sources of data; (b) EFFECTIVENESS EVALUATION.—Not later gravity and the space environment; and (2) the term ‘‘high resolution’’ means reso- than December 31, 2009, the Administrator (3) carry out, to the maximum extent prac- lution better than five meters; and shall transmit to the Congress an evaluation ticable basic, applied, and commercial ISS (3) the term ‘‘institution of higher edu- of the effectiveness of the program estab- research activities such as molecular crystal cation’’ has the meaning given that term in lished under section 312 in exploring and pro- growth, animal research, basic fluid physics, section 101(a) of the Higher Education Act of moting the integrated use of sources of re- combustion research, cellular biotechnology, 1965 (20 U.S.C. 1001(a)). mote sensing and other geospatial informa- low temperature physics, and cellular re- SEC. 312. PILOT PROJECTS TO ENCOURAGE PUB- tion to address State, local, regional, and search at a level which will sustain the exist- LIC SECTOR APPLICATIONS. tribal agency needs. Such evaluation shall ing scientific expertise and research capa- (a) IN GENERAL.—The Administrator shall have been conducted by an independent enti- bilities. establish a program of grants for competi- ty. (b) ON-ORBIT CAPABILITIES.—The Adminis- tively awarded pilot projects to explore the trator shall ensure that the on-orbit analyt- integrated use of sources of remote sensing SEC. 314. DATA AVAILABILITY. ical capabilities of the ISS are sufficient to and other geospatial information to address The Administrator shall ensure that the support any diagnostic human research and State, local, regional, and tribal agency results of each of the pilot projects com- on-orbit characterization of molecular crys- needs. pleted under section 312 shall be retrievable tal growth, cellular research, and other re- (b) PREFERRED PROJECTS.—In awarding through an electronic, Internet-accessible search that NASA believes is necessary to grants under this section, the Administrator database. conduct, but for which NASA lacks the ca- shall give preference to projects that— SEC. 315. EDUCATION. pacity to return the materials that need to (1) make use of commercial data sets, in- The Administrator shall establish an edu- be analyzed to Earth. cluding high resolution commercial satellite cational outreach program to increase (c) ASSESSMENT OF POTENTIAL SCIENTIFIC imagery and derived satellite data products, awareness at institutions of higher edu- USES.—The Administrator shall assess fur- existing public data sets where commercial cation and State, local, regional, and tribal

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(B) A recommended option and proposed tive with the objective of developing, and (a) SHORT TITLE.—This section may be demonstrating in a relevant environment, cited as the ‘‘George E. Brown, Jr. Near- budget to carry out the Survey program pur- within 20 years after the date of enactment Earth Object Survey Act’’. suant to the recommended option. of this Act, technologies to enable overland (b) FINDINGS.—The Congress makes the fol- (C) An analysis of possible alternatives lowing findings: that NASA could employ to divert an object flight of supersonic civil transport aircraft (1) Near-Earth objects pose a serious and on a likely collision course with Earth. with at least the following performance credible threat to humankind, as many sci- TITLE IV—AERONAUTICS characteristics: (1) Mach number of at least 1.4. entists believe that a major asteroid or SEC. 401. DEFINITION. (2) Range of at least 4,000 nautical miles. comet was responsible for the mass extinc- For purposes of this title, the term ‘‘insti- (3) Payload of at least 24 passengers. tion of the majority of the Earth’s species, tution of higher education’’ has the meaning (4) Noise levels on takeoff and on airport including the dinosaurs, nearly 65,000,000 given that term by section 101 of the Higher approach and landing that meet community years ago. Education Act of 1965 (20 U.S.C. 1001). (2) Similar objects have struck the Earth noise standards in place at airports from Subtitle A—National Policy for Aeronautics which such commercial supersonic aircraft or passed through the Earth’s atmosphere Research and Development several times in the Earth’s history and pose would normally operate at the time the air- a similar threat in the future. SEC. 411. POLICY. craft would enter commercial service. (3) Several such near-Earth objects have It shall be the policy of the United States (5) Shaped sonic boom signatures suffi- only been discovered within days of the ob- to reaffirm the National Aeronautics and ciently low to permit overland flight over jects’ closest approach to Earth, and recent Space Act of 1958 and its identification of populated areas. discoveries of such large objects indicate aeronautical research and development as a (6) Nitrogen oxide, carbon dioxide, and that many large near-Earth objects remain core mission of NASA. Further, it shall be water vapor emissions consistent with regu- undiscovered. the policy of the United States to promote lations likely to be in effect at the time of (4) The efforts taken to date by NASA for aeronautical research and development that this aircraft’s introduction. detecting and characterizing the hazards of will expand the capacity, ensure the safety, SEC. 423. ROTORCRAFT AND OTHER RUNWAY- near-Earth objects are not sufficient to fully and increase the efficiency of the Nation’s INDEPENDENT AIR VEHICLES RE- SEARCH AND DEVELOPMENT INITIA- determine the threat posed by such objects air transportation system, promote the secu- rity of the Nation, protect the environment, TIVE. to cause widespread destruction and loss of The Administrator may establish a rotor- life. and retain the leadership of the United States in global aviation. craft and other runway-independent air vehi- (c) DEFINITIONS.—For purposes of this sec- cles initiative with the objective of devel- Subtitle B—NASA Aeronautics Breakthrough tion the term ‘‘near-Earth object’’ means an oping and demonstrating in a relevant envi- Research Initiatives asteroid or comet with a perihelion distance ronment, within 10 years after the date of of less that 1.3 Astronomical Units from the SEC. 421. ENVIRONMENTAL AIRCRAFT RESEARCH enactment of this Act, technologies to en- Sun. AND DEVELOPMENT INITIATIVE. able significantly safer, quieter, and more (d) NEAR-EARTH OBJECT SURVEY.— (a) OBJECTIVE.—The Administrator may es- environmentally compatible operation from (1) SURVEY PROGRAM.—The Administrator tablish an initiative with the objective of de- a wider range of airports under a wider range shall plan, develop, and implement a Near- veloping, and demonstrating in a relevant of weather conditions than is the case for Earth Object Survey program to detect, environment, within 10 years after the date rotorcraft and other runway-independent air track, catalogue, and characterize the phys- of enactment of this Act, technologies to en- vehicles in service as of the date of enact- ical characteristics of near-Earth objects able the following commercial aircraft per- ment of this Act. equal to or greater than 100 meters in diame- formance characteristics: ter in order to assess the threat of such near- (1) NOISE.—Noise levels on takeoff and on Subtitle C—Other NASA Aeronautics Earth objects to the Earth. It shall be the airport approach and landing that do not ex- Research and Development Activities goal of the Survey program to achieve 90 per- ceed ambient noise levels in the absence of SEC. 431. FUNDAMENTAL RESEARCH AND TECH- cent completion of its near-Earth object flight operations in the vicinity of airports NOLOGY BASE PROGRAM. catalogue (based on statistically predicted from which such commercial aircraft would (a) OBJECTIVE.—In order to ensure that the populations of near-Earth objects) within 15 normally operate. Nation maintains needed capabilities in fun- years after the date of enactment of this (2) ENERGY CONSUMPTION.—Twenty-five per- damental areas of aeronautical research, the Act. cent reduction in the energy required for me- Administrator shall establish a program of (2) AMENDMENTS.—Section 102 of the Na- dium to long range flights, compared to air- long-term fundamental research in aero- tional Aeronautics and Space Act of 1958 (42 craft in commercial service as of the date of nautical sciences and technologies that is U.S.C. 2451) is amended— enactment of this Act. This reduction may not tied to specific development projects. (A) by redesignating subsection (g) as sub- be achieved by a combination of improve- (b) ASSESSMENT.—The Administrator shall section (h); ments to— enter into an arrangement with the National (B) by inserting after subsection (f) the fol- (A) specific fuel consumption; Research Council for an assessment of the lowing new subsection: (B) lift-to-drag ratio; and Nation’s future requirements for funda- ‘‘(g) The Congress declares that the general (C) structural weight fraction. mental aeronautics research and whether the welfare and security of the United States re- (3) EMISSIONS.—Nitrogen oxides on take-off Nation will have a skilled research work- quire that the unique competence of the Na- and landing that are reduced by 50 percent force and research facilities commensurate tional Aeronautics and Space Administra- relative to aircraft in commercial service as with those requirements. The assessment tion be directed to detecting, tracking, cata- of the date of enactment of this Act. shall include an identification of any pro- loguing, and characterizing near-Earth as- (b) STUDY.— jected gaps, and recommendations for what teroids and comets in order to provide warn- (1) REQUIREMENT.—The Administrator shall steps should be taken by the Federal Govern- ing and mitigation of the potential hazard of enter into an arrangement for the National ment to eliminate those gaps. such near-Earth objects to the Earth.’’; and Research Council to conduct a study to iden- (c) REPORT.—The Administrator shall (C) in subsection (h), as so redesignated by tify and quantify new markets that would be transmit the assessment, along with NASA’s subparagraph (A) of this paragraph, by strik- created, as well as existing markets that response to the assessment, to Congress not ing ‘‘and (f)’’ and inserting ‘‘(f), and (g)’’. would be expanded, by the incorporation of later than 2 years after the date of enact- (3) ANNUAL REPORT.—The Administrator the technologies developed pursuant to this ment of this Act. shall transmit to the Congress, not later section into future commercial aircraft. The SEC. 432. AIRSPACE SYSTEMS RESEARCH. than February 28 of each of the next 5 years study shall identify whether any of the per- (a) OBJECTIVE.—The Airspace Systems Re- beginning after the date of enactment of this formance characteristics specified in sub- search program shall pursue research and de- Act, a report that provides the following: section (a) would need to be made more velopment to enable revolutionary improve- (A) A summary of all activities taken pur- stringent in order to create new markets or ments to and modernization of the National suant to paragraph (1) for the previous fiscal expand existing markets. The National Re- Airspace System, as well as to enable the in- year. search Council shall seek input from at least troduction of new systems for vehicles that (B) A summary of expenditures for all ac- the aircraft manufacturing industry, aca- can take advantage of an improved, modern tivities pursuant to paragraph (1) for the pre- demia, and the airlines in carrying out the air transportation system. vious fiscal year. study. (b) ALIGNMENT.—Not later than 2 years (4) INITIAL REPORT.—The Administrator (2) REPORT.—A report containing the re- after the date of enactment of this Act, the shall transmit to Congress not later than 1 sults of the study conducted under paragraph Administrator shall align the projects of the

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Airspace Systems Research program so that SEC. 438. AVIATION WEATHER RESEARCH. (b) CONTINGENCY PLAN.—The transpor- they directly support the objectives of the The Administrator may carry out a pro- tation plan to support ISS shall include con- Joint Planning and Development Office’s gram of collaborative research with the Na- tingency options to ensure sufficient logis- Next Generation Air Transportation System tional Oceanic and Atmospheric Administra- tics and on-orbit capabilities to support any Integrated Plan. tion on convective weather events, with the potential period during which the Space SEC. 433. AVIATION SAFETY AND SECURITY RE- goal of significantly improving the reli- Shuttle or its follow-on crew and cargo sys- SEARCH. ability of 2-hour to 6-hour aviation weather tems is unavailable, and require sufficient (a) OBJECTIVE.—The Aviation Safety and forecasts. surge delivery capability or prepositioning of Security Research program shall pursue re- SEC. 439. ASSESSMENT OF WAKE TURBULENCE spares and other supplies needed to accom- search and development activities that di- RESEARCH AND DEVELOPMENT modate any such hiatus. rectly address the safety and security needs PROGRAM. (c) CERTIFICATION.—Not later than 60 days of the National Airspace System and the air- (a) ASSESSMENT.—The Administrator may after the date of enactment of this Act, and craft that fly in it. The program shall de- enter into an arrangement with the National before making any change in the ISS assem- velop prevention, intervention, and mitiga- Research Council for an assessment of Fed- bly sequence in effect on the date of enact- tion technologies aimed at causal, contribu- eral wake turbulence research and develop- ment of this Act, the Administrator shall tory, or circumstantial factors of aviation ment programs. The assessment shall ad- certify in writing to the Committee on accidents. dress at least the following questions: Science of the House of Representatives and (b) PLAN.—Not later than 1 year after the (1) Are the Federal research and develop- the Committee on Commerce, Science, and date of enactment of this Act, the Adminis- ment goals and objectives well defined? Transportation of the Senate NASA’s plan to trator shall transmit to Congress a 5-year (2) Are there any deficiencies in the Fed- meet the requirements of subsections (a) and prioritized plan for the research to be con- eral research and development goals and ob- (b). (d) CENTRIFUGE.—Nothing in this Act shall ducted within the Aviation Safety and Secu- jectives? rity Research program. The plan shall be be construed to prohibit the installation of (3) What roles should be played by each of the centrifuge on the ISS. aligned with the objectives of the Joint the relevant Federal agencies, such as SEC. 502. HUMAN EXPLORATION PRIORITIES. Planning and Development Office’s Next NASA, the Federal Aviation Administration, (a) IN GENERAL.—The Administrator Generation Air Transportation System Inte- and the National Oceanic and Atmospheric shall— grated Plan. Administration, in wake turbulence research (1) construct an architecture and imple- SEC. 434. ZERO-EMISSIONS AIRCRAFT RESEARCH. and development? mentation plan for NASA’s human explo- (a) OBJECTIVE.—The Administrator may es- (b) REPORT.—A report containing the re- ration program that is not critically depend- tablish a zero-emissions aircraft research sults of the assessment conducted pursuant ent on the achievement of milestones by program whose objective shall be to develop to subsection (a) shall be provided to Con- fixed dates; and and test concepts to enable a hydrogen fuel gress not later than 1 year after the date of (2) determine the relative priority of each cell-powered aircraft that would have no hy- enactment of this Act. of the potential elements of NASA’s imple- drocarbon or nitrogen oxide emissions into SEC. 440. UNIVERSITY-BASED CENTERS. the environment. mentation plan for its human exploration (a) IN GENERAL.—The Administrator may (b) APPROACH.—The Administrator may es- program in case funding shortfalls or cost tablish a program of competitively awarded award grants to institutions of higher edu- growth necessitate the adjustment of grants available to teams of researchers that cation (or consortia thereof) to establish one NASA’s implementation plan. may include the participation of individuals or more centers for the purpose described in (b) PRIORITIES.—Development of a Crew from universities, industry, and government subsection (b). Exploration Vehicle with a robust crew es- (b) PURPOSE.—The purpose of the centers is for the conduct of this research. cape system, development of a launch sys- to conduct basic and applied research on the tem for the Crew Exploration Vehicle, and SEC. 435. MARS AIRCRAFT RESEARCH. impact of new technologies and procedures, (a) OBJECTIVE.—The Administrator may es- definition of an overall architecture and particularly those related to aeronautical tablish a Mars Aircraft project whose objec- prioritized implementation plan shall be the navigation and control. tive shall be to develop and test concepts for highest priorities of the human exploration (c) APPLICATION.—An institution of higher an uncrewed aircraft that could operate for program over the period governed by this education (or a consortium of such institu- Act. sustained periods in the atmosphere of Mars. tions) seeking funding under this section (b) APPROACH.—The Administrator may es- SEC. 503. GAO ASSESSMENT. shall submit an application to the Adminis- tablish a program of competitively awarded Not later than 9 months after the date of trator at such time, in such manner, and grants available to teams of researchers that enactment of this Act, the Comptroller Gen- containing such information as the Adminis- may include the participation of individuals eral shall transmit to the Committee on trator may require, including, at a min- from universities, industry, and government Science of the House of Representatives and imum, a 5-year research plan. for the conduct of this research. the Committee on Commerce, Science, and (d) AWARD DURATION.—An award made by Transportation of the Senate an assessment SEC. 436. HYPERSONICS RESEARCH. the Administrator under this section shall be of the milestones and estimated costs of the The Administrator may establish a for a period of 5 years and may be renewed plans submitted under section 102(a)(7). hypersonics research program whose objec- on the basis of— tive shall be to explore the science and tech- TITLE VI—OTHER PROGRAM AREAS (1) satisfactory performance in meeting nology of hypersonic flight using air-breath- Subtitle A—Space and Flight Support the goals of the research plan proposed by ing propulsion concepts, through a mix of SEC. 601. ORBITAL DEBRIS. the Center in its application under sub- theoretical work, basic and applied research, The Administrator, in conjunction with section (c); and and development of flight research dem- the heads of other Federal agencies, shall (2) other requirements as specified by the onstration vehicles. take steps to develop or acquire technologies Administrator. SEC. 437. NASA AERONAUTICS SCHOLARSHIPS. that will enable NASA to decrease the risks (a) ESTABLISHMENT.—The Administrator TITLE V—HUMAN SPACE FLIGHT associated with orbital debris. shall establish a program of scholarships for SEC. 501. INTERNATIONAL SPACE STATION COM- SEC. 602. SECONDARY PAYLOAD CAPABILITY. full-time graduate students who are United PLETION. The Administrator is encouraged to pro- States citizens and are enrolled in, or have (a) ELEMENTS, CAPABILITIES, AND CONFIGU- vide the capabilities to support secondary been accepted by and have indicated their in- RATION CRITERIA.—The Administrator shall payloads on United States launch vehicles, tention to enroll in, accredited Masters de- ensure that the ISS will be able to— including freeflyers, for satellites or sci- gree programs in aeronautical engineering at (1) be used for a diverse range of micro- entific payloads. institutions of higher education. Each such gravity research, including fundamental, ap- Subtitle B—Education scholarship shall cover the costs of room, plied, and commercial research; SEC. 611. INSTITUTIONS IN NASA’S MINORITY IN- board, tuition, and fees, and may be provided (2) have an ability to support crew size of STITUTIONS PROGRAM. for a maximum of 2 years. at least 6 persons, unless the Administrator The matter appearing under the heading (b) IMPLEMENTATION.—Not later than 180 transmits a report to the Committee on ‘‘NATIONAL AERONAUTICS AND SPACE ADMINIS- days after the date of enactment of this Act, Science of the House of Representatives and TRATION, SMALL AND DISADVANTAGED BUSI- the Administrator shall publish regulations the Committee on Commerce, Science, and NESS’’ in title III of the Departments of Vet- governing the scholarship program under Transportation of the Senate prior to award- erans Affairs and Housing and Urban Devel- this section. ing a development contract for the Crew Ex- opment, and Independent Agencies Appro- (c) COOPERATIVE TRAINING OPPORTUNI- ploration Vehicle, explaining why such a re- priations Act, 1990 (42 U.S.C. 2473b; 103 Stat. TIES.—Students who have been awarded a quirement should not be met and the impact 863) is amended by striking ‘‘Historically scholarship under this section shall have the of not meeting the requirement on the ISS Black Colleges and Universities and’’ and in- opportunity for paid employment at one of research agenda and operations; serting ‘‘Historically Black Colleges and the NASA Centers engaged in aeronautics re- (3) support Crew Exploration Vehicle dock- Universities that are part B institutions (as search and development during the summer ing and automated docking of cargo vehicles defined in section 322(2) of the Higher Edu- prior to the first year of the student’s Mas- or modules launched by either heavy-lift or cation Act of 1965 (20 U.S.C. 1061(2))), His- ters program, and between the first and sec- commercially-developed launch vehicles; and panic-serving institutions (as defined in sec- ond year, if applicable. (4) be operated at an appropriate risk level. tion 502(a)(5) of that Act (20 U.S.C.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10989 1101a(a)(5))), Tribal Colleges or Universities SEC. 614. REVIEW OF EDUCATION PROGRAMS. TITLE VII—MISCELLANEOUS (as defined in section 316(b)(3) of that Act (20 (a) IN GENERAL.—The Administrator shall AMENDMENTS U.S.C. 1059c(b)(3))), Alaskan Native-serving enter into an arrangement with the National SEC. 701. RETROCESSION OF JURISDICTION. institutions (as defined in section 317(b)(2) of Research Council of the National Academy The National Aeronautics and Space Act of that Act (20 U.S.C. 1059d)(b)(2))), Native Ha- of Sciences to conduct a review and evalua- 1958 (42 U.S.C. 2451 et seq.) is amended by waiian-serving institutions (as defined in tion of NASA’s science, technology, engi- adding at the end of title III the following section 317(b)(4) of that Act (20 U.S.C. neering, and mathematics education pro- new section: 1059d(b)(4))), and’’. gram. The review and evaluation shall be ‘‘RETROCESSION OF JURISDICTION SEC. 612. PROGRAM TO EXPAND DISTANCE documented in a report to the Administrator ‘‘SEC. 316. (a) Notwithstanding any other LEARNING IN RURAL UNDERSERVED and shall include such recommendations as provision of law, the Administrator may re- AREAS. the National Research Council determines (a) IN GENERAL.—The Administrator shall linquish to a State all or part of the legisla- will improve the effectiveness of the pro- tive jurisdiction of the United States over develop or expand programs to extend gram. science and space educational outreach to lands or interests under the control of the (b) REVIEW.—The review and evaluation rural communities and schools through video Administrator in that State. under subsection (a) shall include— ‘‘(b) For purposes of this section, the term conferencing, interpretive exhibits, teacher (1) an evaluation of the effectiveness of the ‘State’ means any of the several States, the education, classroom presentations, and stu- overall program in meeting its defined goals District of Columbia, the Commonwealth of dent field trips. and objectives; Puerto Rico, the United States Virgin Is- (b) PRIORITIES.—In carrying out subsection lands, Guam, American Samoa, the Northern (a), the Administrator shall give priority to (2) an assessment of the quality and edu- Mariana Islands, and any other common- existing programs— cational effectiveness of the major compo- wealth, territory, or possession of the United (1) that utilize community-based partner- nents of the program, including an evalua- States.’’. ships in the field; tion of the adequacy of assessment metrics (2) that build and maintain video con- and data collection requirements available SEC. 702. EXTENSION OF INDEMNIFICATION. Section 309 of the National Aeronautics ference and exhibit capacity; for determining the effectiveness of indi- and Space Act of 1958 (42 U.S.C. 2458c) is (3) that travel directly to rural commu- vidual projects; amended in subsection (f)(1) by striking ‘‘De- nities and serve low-income populations; and (3) an evaluation of the funding priorities cember 31, 2002’’ through ‘‘September 30, (4) with a special emphasis on increasing in the program, including a review of the 2005’’ and inserting, ‘‘December 31, 2010, ex- the number of women and minorities in the funding level and funding trend for each cept that the Administrator may extend the science and engineering professions. major component of the program and an as- sessment of whether the resources made termination date to a date not later than SEC. 613. CHARLES ‘‘PETE’’ CONRAD ASTRONOMY September 30, 2015, if the Administrator has AWARDS. available are consistent with meeting identi- entered into an arrangement with the Na- (a) SHORT TITLE.—This section may be fied goals and priorities; and tional Academy of Public Administration to cited as the ‘‘Charles ‘Pete’ Conrad Astron- (4) a determination of the extent and the determine the impact on private parties and omy Awards Act’’. effectiveness of coordination and collabora- the Federal Government of eliminating this (b) DEFINITIONS.—For the purposes of this tion between NASA and other Federal agen- section— cies that sponsor science, technology, engi- section’’. (1) the term ‘‘amateur astronomer’’ means neering, and mathematics education activi- SEC. 703. NASA SCHOLARSHIPS. an individual whose employer does not pro- ties. (a) AMENDMENTS.—Section 9809 of title 5, vide any funding, payment, or compensation (c) REPORT TO CONGRESS.—Not later than United States Code, is amended— to the individual for the observation of as- 18 months after the date of enactment of this (1) in subsection (a)(2) by striking ‘‘Act.’’ teroids and other celestial bodies, and does Act, the Administrator shall transmit to the and inserting ‘‘Act (42 U.S.C. 1885a or not include any individual employed as a Committee on Science of the House of Rep- 1885b).’’; professional astronomer; resentatives and the Committee on Com- (2) in subsection (c) by striking ‘‘require.’’ (2) the term ‘‘Minor Planet Center’’ means merce, Science, and Transportation of the and inserting ‘‘require to carry out this sec- the Minor Planet Center of the Smithsonian Senate the report required under subsection tion.’’; Astrophysical Observatory; (a). (3) in subsection (f)(1) by striking the last sentence; and (3) the term ‘‘near-Earth asteroid’’ means SEC. 615. EQUAL ACCESS TO NASA’S EDUCATION an asteroid with a perihelion distance of less PROGRAMS. (4) in subsection (g)(2) by striking ‘‘Treas- urer of the’’ and all that follows through ‘‘by than 1.3 Astronomical Units from the Sun; The Administrator shall strive to ensure 3’’ and inserting ‘‘Treasurer of the United and equal access for minority and economically (4) the term ‘‘Program’’ means the Charles States’’. disadvantaged students to NASA’s Education (b) REPEAL.—The Vision 100—Century of ‘‘Pete’’ Conrad Astronomy Awards Program programs. Not later than 1 year after the Aviation Reauthorization Act is amended by established under subsection (c). date of enactment of this Act, and every 2 striking section 703 (42 U.S.C. 2473e). (c) PETE CONRAD ASTRONOMY AWARD PRO- years thereafter, the Administrator shall SEC. 704. INDEPENDENT COST ANALYSIS. GRAM.— submit a report to the Committee on Science (1) IN GENERAL.—The Administrator shall Section 301 of the National Aeronautics of the House of Representatives and the and Space Administration Authorization Act establish the Charles ‘‘Pete’’ Conrad Astron- Committee on Commerce, Science, and omy Awards Program. of 2000 (42 U.S.C. 2459g) is amended— Transportation of the Senate describing the (1) by striking ‘‘Phase B’’ in subsection (a) (2) AWARDS.—The Administrator shall efforts by the Administrator to ensure equal make awards under the Program based on and inserting ‘‘implementation’’; access for minority and economically dis- (2) by striking ‘‘Chief Financial Officer’’ the recommendations of the Minor Planet advantaged students under this section, and Center. each place it appears in subsection (a) and the results of such efforts. As part of the re- inserting ‘‘Administrator’’; (3) AWARD CATEGORIES.—The Administrator port, the Administrator shall provide data (3) by inserting ‘‘and consider’’ in sub- shall make one annual award, unless there on minority participation in NASA’s edu- are no eligible discoveries or contributions, section (a) after ‘‘shall conduct’’; and cation programs, at a minimum in the fol- (4) by striking subsection (b) and inserting for each of the following categories: lowing categories: elementary and secondary (A) The amateur astronomer or group of the following: education, undergraduate education, and ‘‘(b) IMPLEMENTATION DEFINED.—In this amateur astronomers who in the preceding graduate education. section, the term ‘implementation’ means calendar year discovered the intrinsically SEC. 616. MUSEUMS. all activity in the life cycle of a project after brightest near-Earth asteroid among the preliminary design, independent assessment near-Earth asteroids that were discovered The Administrator may provide grants to, of the preliminary design, and approval to during that year by amateur astronomers or and enter into cooperative agreements with proceed into implementation, including crit- groups of amateur astronomers. museums and planetariums to enable them to enhance programs related to space explo- ical design, development, certification, (B) The amateur astronomer or group of launch, operations, disposal of assets, and, amateur astronomers who made the greatest ration, aeronautics, space science, earth science, or microgravity. for technology programs, development, test- contribution to the Minor Planet Center’s ing, analysis and communication of the re- SEC. 617. REVIEW OF MUST PROGRAM. mission of cataloguing near-Earth asteroids sults.’’. during the preceding year. Not later than 60 days after the date of en- SEC. 705. LIMITATIONS ON OFF-SHORE PERFORM- (4) AWARD AMOUNT.—An award under the actment of this Act, the Administrator shall ANCE OF CONTRACTS FOR THE PRO- Program shall be in the amount of $3,000. transmit a report to Congress on the legal CUREMENT OF GOODS AND SERV- (5) GUIDELINES.—(A) No individual who is status of the Motivating Undergraduates in ICES. not a citizen or permanent resident of the Science and Technology program. If the re- (a) CONVERSIONS TO CONTRACTOR PERFORM- United States at the time of his discovery or port concludes that the program is in com- ANCE OF ADMINISTRATION ACTIVITIES.—Except contribution may receive an award under pliance with the laws of the United States, as provided in subsection (c), an activity or this section. NASA shall implement the program, as function of the Administration that is con- (B) The decisions of the Administrator in planned in the July 5, 2005 National Research verted to contractor performance under Of- making awards under this section are final. Announcement. fice of Management and Budget Circular A–

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10990 CONGRESSIONAL RECORD — HOUSE November 18, 2005 76 may not be performed by the contractor (2) Make recommendations for corrective (5) No member of the Commission shall or any subcontractor at a location outside actions. have, or have pending, a contractual rela- the United States. (3) Provide any additional findings or rec- tionship with NASA. (b) CONTRACTS FOR THE PROCUREMENT OF ommendations related to ISS safety. (6) The President shall not appoint any in- SERVICES.—(1) Except as provided in sub- (4) Prepare a report to Congress, the Presi- dividual as a member of a Commission under section (c), a contract for the procurement of dent, and the public. this section who has a current or former re- goods or services that is entered into by the SEC. 813. SUNSET. lationship with the Administrator that the Administrator may not be performed outside The Commission established under this President determines would constitute a the United States unless it is to meet a re- subtitle shall transmit its final report not conflict of interest. quirement of the Administration for goods or later than 1 year after the date on which the (7) To the extent practicable, the President services specifically at a location outside the full Commission membership is appointed. shall ensure that the members of the Com- United States. mission include some individuals with expe- (2) The President may waive the prohibi- Subtitle B—Human Space Flight Independent rience relative to human carrying space- tion in paragraph (1) in the case of any con- Investigation Commission craft, as well as some individuals with inves- tract for which the President determines in SEC. 821. ESTABLISHMENT OF COMMISSION. tigative experience and some individuals writing that it is necessary in the national (a) ESTABLISHMENT.—The President shall with legal experience. security interests of the United States for establish an independent, nonpartisan Com- (8) To the extent practicable, the President goods or services under the contract to be mission within the executive branch to in- shall seek diversity in the membership of the performed outside the United States. vestigate any incident that results in the Commission. (3) The Administrator may waive the pro- loss of— (9) The President may waive the prohibi- hibition in paragraph (1) in the case of any (1) a Space Shuttle; tions in paragraphs (5) and (6) with respect contract for which the Administrator deter- (2) the International Space Station or its to the selection of not more than two mem- mines in writing that essential goods or operational viability; bers of a Commission established under sub- services under the contract are only avail- (3) any other United States space vehicle title A. able from a source outside the United States. carrying humans that is owned by the Fed- (c) DEADLINE FOR APPOINTMENT.—All mem- (c) EXCEPTION.—Subsections (a) and (b)(1) eral Government or that is being used pursu- bers of a Commission established under sub- shall not apply to the extent that the activ- ant to a contract with the Federal Govern- title A shall be appointed no later than 60 ity or function under the contract was pre- ment; or days after issuance of the executive order es- viously performed by Federal Government (4) a crew member or passenger of any tablishing the Commission. All members of a employees outside the United States. space vehicle described in this subsection. Commission established under subtitle B (d) CONSISTENCY WITH INTERNATIONAL (b) DEADLINE FOR ESTABLISHMENT.—The shall be appointed no later than 30 days after AGREEMENTS.—The provisions of this section President shall issue an executive order es- the incident. shall not apply to the extent that they are tablishing a Commission within 7 days after (d) INITIAL MEETING.—A Commission shall inconsistent with obligations of the United an incident specified in subsection (a). meet and begin operations as soon as prac- States under international agreements. SEC. 822. TASKS OF THE COMMISSION. ticable. (e) ANNUAL REPORT.—The Administrator (e) QUORUM; VACANCIES.—After its initial A Commission established pursuant to this shall submit to Congress, not later than 120 meeting, a Commission shall meet upon the subtitle shall, to the extent possible, under- days after the end of each fiscal year, a re- call of the Chairman or a majority of its take the following tasks: port on the contracts performed overseas and members. Eight members of a Commission (1) Investigate the incident. amount of purchases by NASA from foreign shall constitute a quorum. Any vacancy in a (2) Determine the cause of the incident. entities in that fiscal year. Such report shall Commission shall not affect its powers, but (3) Identify all contributing factors to the separately indicate the dollar value of con- shall be filled in the same manner in which cause of the incident. tracts for which the provisions of this sec- the original appointment was made. (4) Make recommendations for corrective tion were waived and the dollar value of SEC. 832. POWERS OF COMMISSION. items for which the Buy American Act was actions. (a) HEARINGS AND EVIDENCE.—A Commis- waived pursuant to obligations of the United (5) Provide any additional findings or rec- sion or, on the authority of the Commission, States under international agreements. ommendations deemed by the Commission to be important, whether or not they are re- any subcommittee or member thereof, may, SEC. 706. LONG DURATION FLIGHT. lated to the specific incident under inves- for the purpose of carrying out this title— No provision of this or any other Act shall tigation. (1) hold such hearings and sit and act at be construed to prohibit NASA from accom- (6) Prepare a report to Congress, the Presi- such times and places, take such testimony, modating the exercise of religion by astro- dent, and the public. receive such evidence, administer such nauts engaged in long duration space flight oaths; and Subtitle C—Organization and Operation of missions. (2) require, by subpoena or otherwise, the Commissions TITLE VIII—INDEPENDENT COMMISSIONS attendance and testimony of such witnesses SEC. 801. DEFINITIONS. SEC. 831. COMPOSITION OF COMMISSIONS. and the production of such books, records, For purposes of this title— (a) NUMBER OF COMMISSIONERS.—A Com- correspondence, memoranda, papers, and (1) the term ‘‘Commission’’ means a Com- mission established pursuant to this title documents, mission established under this title; and shall consist of 15 members. as the Commission or such designated sub- (2) the term ‘‘incident’’ means either an ac- (b) SELECTION.—The members of a Commis- committee or designated member may deter- cident or a deliberate act. sion shall be chosen in the following manner: mine advisable. (1) The President shall appoint the mem- (b) CONTRACTING.—A Commission may, to Subtitle A—International Space Station bers, and shall designate the Chairman and such extent and in such amounts as are pro- Independent Safety Commission Vice Chairman of the Commission from vided in appropriation Acts, enter into con- SEC. 811. ESTABLISHMENT OF COMMISSION. among its members. tracts to enable the Commission to discharge (a) ESTABLISHMENT.—The President shall (2) Four of the 15 members appointed by its duties under this title. establish an independent, nonpartisan Com- the President shall be selected by the Presi- (c) INFORMATION FROM FEDERAL AGEN- mission within the executive branch to dis- dent in the following manner: CIES.— cover and assess any vulnerabilities of the (A) The majority leader of the Senate, the (1) IN GENERAL.—A Commission may secure International Space Station that could lead minority leader of the Senate, the Speaker directly from any executive department, bu- to its destruction, compromise the health of of the House of Representatives, and the mi- reau, agency, board, commission, office, its crew, or necessitate its premature aban- nority leader of the House of Representatives independent establishment, or instrumen- donment. shall each provide to the President a list of tality of the Government, information, sug- (b) DEADLINE FOR ESTABLISHMENT.—The candidates for membership on the Commis- gestions, estimates, and statistics for the President shall issue an executive order es- sion. purposes of this title. Each department, bu- tablishing a Commission within 30 days after (B) The President shall select one of the reau, agency, board, commission, office, the date of enactment of this Act. candidates from each of the 4 lists for mem- independent establishment, or instrumen- SEC. 812. TASKS OF THE COMMISSION. bership on the Commission. tality shall, to the extent authorized by law, The Commission established under section (3) In the case of a Commission established furnish such information, suggestions, esti- 811 shall, to the extent possible, undertake under subtitle A, the President shall select mates, and statistics directly to the Com- the following tasks: one candidate from a list of candidates for mission, upon request made by the Chair- (1) Catalog threats to and vulnerabilities of membership on the Commission provided by man, the chairman of any subcommittee cre- the ISS, including design flaws, natural phe- the President of the collective-bargaining or- ated by a majority of the Commission, or nomena, computer software or hardware ganization including the largest number of any member designated by a majority of the flaws, sabotage or terrorist attack, number NASA engineers. Commission. of crewmembers, and inability to adequately (4) No officer or employee of the Federal (2) RECEIPT, HANDLING, STORAGE, AND DIS- deliver replacement parts and supplies, and Government shall serve as a member of the SEMINATION.—Information shall only be re- management or procedural deficiencies. Commission. ceived, handled, stored, and disseminated by

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10991 members of the Commission and its staff sion in expeditiously providing to the Com- Speaker’s table the Senate bill (S. 584) consistent with all applicable statutes, regu- mission members and staff appropriate secu- to require the Secretary of the Interior lations, and Executive orders. rity clearances to the extent possible pursu- to allow the continued occupancy and (d) ASSISTANCE FROM FEDERAL AGENCIES.— ant to existing procedures and requirements. use of certain land and improvements (1) GENERAL SERVICES ADMINISTRATION.— No person shall be provided with access to The Administrator of General Services shall classified information under this title with- within Rocky Mountain National Park, provide to a Commission on a reimbursable out the appropriate security clearances. and ask for its immediate consider- basis administrative support and other serv- SEC. 837. REPORTING REQUIREMENTS AND TER- ation in the House. ices for the performance of the Commission’s MINATION. The Clerk read the title of the Senate tasks. (a) INTERIM REPORTS.—A Commission may bill. (2) OTHER DEPARTMENTS AND AGENCIES.—In submit to the President and Congress in- The SPEAKER pro tempore. Is there addition to the assistance prescribed in para- terim reports containing such findings, con- objection to the request of the gentle- graph (1), departments and agencies of the clusions, and recommendations for correc- woman from Colorado? United States may provide to the Commis- tive actions as have been agreed to by a ma- sion such services, funds, facilities, staff, and jority of Commission members. Mr. KANJORSKI. Objection. other support services as they may deter- (b) FINAL REPORT.—A Commission shall The SPEAKER pro tempore. Objec- mine advisable and as may be authorized by submit to the President and Congress, and tion is heard. law. make concurrently available to the public, a f (3) NASA ENGINEERING AND SAFETY CEN- final report containing such findings, conclu- TER.—The NASA Engineering and Safety sions, and recommendations for corrective PREDISASTER MITIGATION PRO- Center shall provide data and technical sup- actions as have been agreed to by a majority GRAM REAUTHORIZATION ACT port as requested by a Commission. of Commission members. Such report shall OF 2005 SEC. 833. PUBLIC MEETINGS, INFORMATION, AND include any minority views or opinions not HEARINGS. reflected in the majority report. Mr. SHUSTER. Mr. Speaker, I ask (a) PUBLIC MEETINGS AND RELEASE OF PUB- (c) TERMINATION.— unanimous consent that the Com- LIC VERSIONS OF REPORTS.—A Commission (1) IN GENERAL.—A Commission, and all the mittee on Transportation and Infra- shall— authorities of this title with respect to that structure be discharged from further (1) hold public hearings and meetings to Commission, shall terminate 60 days after consideration of the bill (H.R. 4324) to the extent appropriate; and the date on which the final report is sub- amend the Robert T. Stafford Disaster (2) release public versions of the reports re- mitted under subsection (b). Relief and Emergency Assistance Act quired under this Act. (2) ADMINISTRATIVE ACTIVITIES BEFORE TER- to reauthorize the predisaster mitiga- (b) PUBLIC HEARINGS.—Any public hearings MINATION.—A Commission may use the 60- of a Commission shall be conducted in a day period referred to in paragraph (1) for tion program, and for other purposes, manner consistent with the protection of in- the purpose of concluding its activities, in- and ask for its immediate consider- formation provided to or developed for or by cluding providing testimony to committees ation. the Commission as required by any applica- of Congress concerning its reports and dis- The Clerk read the title of the bill. ble statute, regulation, or Executive order. seminating the final report. The SPEAKER pro tempore. Is there SEC. 834. STAFF OF COMMISSION. The motion was agreed to. objection to the request of the gen- (a) APPOINTMENT AND COMPENSATION.—The Chairman, in consultation with Vice Chair- The Senate bill was ordered to be tleman from Pennsylvania? man, in accordance with rules agreed upon read a third time, was read the third Mr. KANJORSKI. Objection. by a Commission, may appoint and fix the time, and passed, and a motion to re- The SPEAKER pro tempore. Objec- compensation of a staff director and such consider was laid on the table. tion is heard. other personnel as may be necessary to en- APPOINTMENT OF CONFEREES f able the Commission to carry out its func- Mr. BOEHLERT. Mr. Speaker, I ask tions. unanimous consent that the House in- NATIONAL FLOOD INSURANCE (b) DETAILEES.—Any Federal Government PROGRAM FURTHER ENHANCED employee, except for an employee of NASA, sist on its amendment to S. 1281, and request a conference with the Senate BORROWING AUTHORITY ACT OF may be detailed to a Commission without re- 2005 imbursement from the Commission, and such thereon. detailee shall retain the rights, status, and The SPEAKER pro tempore. Is there Mr. OXLEY. Mr. Speaker, I ask unan- privileges of his or her regular employment objection to the request of the gen- imous consent that it be in order to without interruption. tleman from New York? The Chair consider a motion to take from the (c) CONSULTANT SERVICES.—A Commission hears none, and without objection, ap- Speaker’s table the bill (H.R. 4133) to may procure the services of experts and con- temporarily increase the borrowing au- sultants in accordance with section 3109 of points the following conferees: title 5, United States Code, but at rates not From the Committee on Science, for thority of the Federal Emergency Man- to exceed the daily rate paid a person occu- consideration of the Senate bill and the agement Agency for carrying out the pying a position at level IV of the Executive House amendment, and modifications national flood insurance program, with Schedule under section 5315 of title 5, United committed to conference: Messrs. Senate amendments thereto, and con- States Code. Any consultant or expert whose BOEHLERT, CALVERT, HALL, SMITH of cur therein, and that the motion be de- services are procured under this subsection Texas, GORDON, UDALL of COLORADO, batable for not to exceed 20 minutes, shall disclose any contract or association it and HONDA. equally divided between myself and the has with NASA or any NASA contractor. Provided, that Ms. JACKSON-LEE of gentleman from Massachusetts (Mr. SEC. 835. COMPENSATION AND TRAVEL EX- PENSES. Texas is appointed in lieu of Mr. HONDA FRANK). (a) COMPENSATION.—Each member of a for consideration of sections 111 and 615 The Clerk read the title of the bill. Commission may be compensated at not to of the House amendment, and modi- The Clerk read the Senate amend- exceed the daily equivalent of the annual fications committed to conference. ments, as follows: rate of basic pay in effect for a position at From the Committee on Government Senate amendments: level IV of the Executive Schedule under sec- Reform, for consideration of sections On page 2, line 12, strike ‘‘8,500,000,000’’ and tion 5315 of title 5, United States Code, for 153 and 606 of the Senate bill, and sec- insert ‘‘18,500,000,000’’. each day during which that member is en- tion 703 of the House amendment, and On page 2, after line 12, insert: gaged in the actual performance of the du- SEC. 3. EMERGENCY SPENDING. ties of the Commission. modifications committed to con- (b) TRAVEL EXPENSES.—While away from ference: Messrs. TOM DAVIS of Virginia, The amendment made under section 2 is their homes or regular places of business in TURNER, and WAXMAN. designated as emergency spending, as pro- the performance of services for the Commis- For consideration of the Senate bill vided under section 402 of H. Con. Res. 95 sion, members of a Commission shall be al- and House amendment, and modifica- (109th Congress). lowed travel expenses, including per diem in tions committed to conference: Mr. The SPEAKER pro tempore. Is there lieu of subsistence, in the same manner as DELAY. objection to the request of the gen- persons employed intermittently in the Gov- f tleman from Ohio? ernment service are allowed expenses under There was no objection. section 5703(b) of title 5, United States Code. BETTY DICK RESIDENCE The SPEAKER pro tempore. The gen- SEC. 836. SECURITY CLEARANCES FOR COMMIS- PROTECTION ACT SION MEMBERS AND STAFF. tleman from Ohio (Mr. OXLEY) and the The appropriate Federal agencies or de- Mrs. MUSGRAVE. Mr. Speaker, I ask gentleman from Massachusetts (Mr. partments shall cooperate with a Commis- unanimous consent to take from the FRANK) each will control 10 minutes.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10992 CONGRESSIONAL RECORD — HOUSE November 18, 2005 The Chair recognizes the gentleman They sent us a bill which is simply the for people to make claims once they from Ohio (Mr. OXLEY.) additional money. have them. We have had the unprece- The additional money is needed and b 1815 dented flooding in our area, which is the additional money is to compensate the reason why this bill is needed. Mr. OXLEY. Mr. Speaker, I yield my- people who have already been flooded, FEMA is out of money for the very self such time as I may consume. so there is no necessary connection be- clear reason that we have had flooding Mr. Speaker, I rise today in support tween that and going forward. I, there- that nobody could have possibly antici- of H.R. 4133, a bill that would tempo- fore, did not object to the request, and pated. We have claims far beyond what rarily increase the borrowing authority I hope we will vote the money that has anyone had imagined. There have been of the Federal Emergency Management been asked to compensate the people 220,000 homes, just homes in our area, Agency National Flood Insurance Pro- already hurt. that have been affected by flooding; gram. But it is also important that we re- 108,000 of these have been rental units, This bill was introduced by our friend form the program. I appreciate the and the rest are single residences. It is and colleague from Pennsylvania (Mr. commitment which the gentleman unheard of. FITZPATRICK) in response to the ter- from Ohio has freely given the House, Sixty thousand of these will probably rible destruction that has resulted that we are both going to work hard to have to be gotten rid of because they from Hurricane Katrina. The original try to bring the reform package up cannot be cleaned up and put back into version of this bill increased the bor- early next year. commerce. We have had the insurance rowing authority of the National Flood So we will acknowledge the impor- companies take the position that every Insurance Program from $3.5 billion to tance of getting the money in the instance of damage was caused by $8.5 billion. However, the extra $5 bil- hands of the people who need it, and I flooding as opposed to the wind-driven lion would have only allowed FEMA to will be yielding to some of my col- rain that would cover them under their make claims and payments through leagues from the area; but we do want homeowners insurance, consequently next week. to note that we will go forward with creating more pressure to pay on the The Senate amended the bill to in- the money now, but we have not lost flood insurance than ever before. crease the borrowing authority to $18.5 our interest in further reforming the For these two reasons, I would urge billion and designate the funds as program; and we will be back on the that we adopt this provision because it emergency spending. That amended floor I hope, and I know the gentleman is much needed by the people back version is now before us for consider- from Ohio will be working diligently on home both because we have had an un- ation. that in the future. precedented level of loss in flooding FEMA has run out of money to pay Mr. Speaker, I reserve the balance of and because insurance companies have claims arising from Hurricanes Katrina my time. pushed all the emphasis down on the and Rita and has directed the insur- Mr. OXLEY. Mr. Speaker, I yield my- flood insurance program and made it ance companies to stop paying the esti- self such time as I may consume. very difficult for people to recover oth- mated 225,000 Katrina and Rita policy- Mr. Speaker, I just want to thank my erwise. holders who have already filed a claim. good friend and ranking member, the I urge the House to adopt this be- These homeowners who have a contract gentleman from Massachusetts (Mr. cause we need it so much in our area. Mr. OXLEY. Mr. Speaker, I yield 2 with the NFIP to cover flood events FRANK), for his support on this. This is minutes to the gentleman from Penn- could initiate legal action against critically important for the folks down FEMA and the U.S. Government if we sylvania (Mr. FITZPATRICK). in the gulf region that they get com- Mr. FITZPATRICK of Pennsylvania. do not act now. pensated under their insurance pro- Mr. Speaker, I thank the gentleman I remain committed to seeing the Na- gram that they paid premiums into from Ohio (Mr. OXLEY) for his leader- tional Flood Insurance Program imple- FEMA for. This is an obligation by the ship on issues regarding the National ment the reforms begun last year when Federal Government to make sure that Flood Insurance Program. we passed the Bunning-Bereuter- those people are paid. FEMA is out of Mr. Speaker, on Wednesday of this Blumenauer Act, and I look forward to money as I speak. We need to get this week, the House passed by voice vote working during the coming months to done. I would ask the House’s coopera- H.R. 4133, the National Flood Insurance ensure greater accountability of the tion in this effort. Program Further Enhanced Borrowing flood insurance program. Mr. Speaker, I reserve the balance of Act of 2005. This important piece of leg- Mr. Speaker, I reserve the balance of my time. islation will empower residents of the my time. Mr. FRANK of Massachusetts. Mr. gulf coast by increasing the National Mr. FRANK of Massachusetts. Mr. Speaker, I do not want to impose on Flood Insurance Program’s ability to Speaker, I yield myself such time as I the House’s time except we are killing borrow $5 billion in additional funds may consume. time anyway while you try to figure from the United States Treasury to Mr. Speaker, along with the chair- out what you are going to do with that cover claims resulting from the recent man, I have a sense of deja vu. A couple foolish resolution of yours. devastating hurricanes of Katrina and of years ago we agreed, the chairman Mr. Speaker, I yield 2 minutes to the Rita. and I and members of our committee, gentleman from Louisiana (Mr. JEF- Today, the Senate amended and to support the efforts of our former col- FERSON), who has been at the center of passed H.R. 4133, raising the amount league from Nebraska, Mr. Bereuter, the effort to deal with this tragedy. I the NFIP can borrow from the Treas- our current colleague from Oregon (Mr. will say as the ranking member on our ury from $8.5 billion to $18.5 billion, an BLUMENAUER), to reform the flood in- side on the committee, he has been increase that will remain in place until surance program. We made substantial constantly in touch with us and has ad- our return after the December recess. progress. We did not get everything we vised us and impressed us on the im- Mr. Speaker, this legislation is a nec- wanted; there was some resistance. portance of action, and I am very essary stop-gap measure to ensure the Then came Katrina, and suddenly the grateful for his willingness to work solvency of the National Flood Insur- point we were making about the need with us in the midst of all the stress ance Program. For this hurricane sea- both to compensate people but also to that has accrued to his district. son alone, FEMA estimates that more be environmentally and fiscally re- Mr. JEFFERSON. Mr. Speaker, I than 225,000 Katrina and Rita claims sponsible in what we promised became thank the gentleman from Ohio (Mr. will be filed with a total cost exceeding somewhat relevant. Our committee had OXLEY) for the work that he has done $22 billion. This total for one hurricane a good mark-up earlier this week and on the bill and for the entire com- season, Mr. Speaker, will surpass the passed out a bill, not a perfect bill from mittee and all who have had a hand in total amount paid by the National any one standpoint, but which would it. Flood Insurance Program since its in- continue the process of reforms along Like the gentleman from Massachu- ception in 1965. with the money. And then the Senate, setts (Mr. FRANK), I would liked to Mr. Speaker, I represent a section of as it did last time, showed a certain re- have seen this bill involve the reforms Philadelphia, Bucks County, Pennsyl- luctance to go along with the reforms. we have talked about to make it easier vania, that has sustained two floods

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10993 during the last year. In each of those works now and the people that are in substantiated. Those claims have been occasions, FEMA and the National harm’s way, the opportunity to not substantiated. Let us set a precedent Flood Insurance Program administra- just save money but save lives by these that hopefully the insurance industry tors have been there, paid the claims reforms. will follow and pay our claims. that they are obligated to pay. The Nonetheless, I look forward to work- b 1830 residents of the gulf coast area and re- ing with the ranking member and the I want to commend Chairman OXLEY. gion deserve no less. Chair, and I will do anything in my FEMA is quickly running out of power, but I would hope the House does I want to commend Ranking Member money. The flood insurance program not ever again allow something like FRANK for bringing this to the floor in a timely manner. I very much want to must be able to handle the claims re- this to come forward and miss such an commend the other body for plussing sulting from the catastrophic losses. opportunity. this up so that we can fulfill our obli- Historically, whenever the National Mr. FRANK of Massachusetts. Mr. gation as a Nation for those people who Flood Insurance Program has borrowed Speaker, I would say to the gentleman had flood insurance policies, that we I agree with him this is a lost oppor- from the Treasury, it has been paid will pay those claims in a timely man- tunity, but like the book ‘‘I Lost It At back in full. We need to act to enable ner. this stop-gap measure to cover claims The Movies,’’ we lost it at the Senate. At the same time I want to go on from the gulf coast. We should not So we are doing the best we can. record as saying that I think there think of this as a new obligation. In- Mr. Speaker, I yield 3 minutes to the ought to be a national registry of child stead, it is a necessary step to keep a gentleman from Mississippi (Mr. TAY- molesters and, at the moment, insur- legal promise that Congress has made LOR), who has worked harder in the ance industry executives because I to homeowners and business owners aftermath of this than I have ever seen think Americans ought to know if they when Congress passed the National any Member work in trying to deal live near one. Flood Insurance Act. with the desperate situation imposed Mr. FRANK of Massachusetts. Mr. We have a moral obligation to honor on the people he represents. Speaker, for my remaining 30 seconds, our commitments, Mr. Speaker, and to Mr. TAYLOR of Mississippi. Mr. I want to send a message to FEMA. provide the coverage we promised to Speaker, as I speak, one of the greatest The gentleman from Louisiana (Mr. provide, to help victims. They need legal scams in American history is MELANCON) has called to our attention help to rebuild their homes and their being perpetrated on the people of Lou- a delay on the part of FEMA in telling lives. I ask my colleagues for their sup- isiana, Mississippi, and Alabama, hon- people what elevations are required for port and seek adoption of the Senate est Americans who purchased insur- new construction or replacement con- language in this bill. ance policies to protect their families struction in the flooded areas. Until Mr. FRANK of Massachusetts. Mr. in time of a hurricane. They paid their they have those elevations, they can- Speaker, I yield 2 minutes to the gen- premiums for decades. They are being not proceed with the construction, and tleman from Oregon (Mr. told one by one ‘‘we are not going to the gentleman told me we have been BLUMENAUER). pay your claim.’’ told there is a delay of perhaps up to 2 Mr. BLUMENAUER. Mr. Speaker, I See, in a typical insurance policy years. That is clearly unacceptable. So rise troubled, I must say, by this legis- known as a ‘‘wind policy,’’ you would had we been able to bring a substitute lation. I appreciate the chairman’s think it would protect you from the bill to the floor, we were going to ad- commitment to reform and also the 140- to 160-knot breezes of Hurricane dress that issue. ranking member. They have been steer- Katrina; but somehow buried in that I hope FEMA will listen. I think I ing, I think, a good course with Finan- policy is small language that says they speak for both sides. I know the gen- cial Services, and I am encouraged by are not going to pay for wind-driven tleman from Louisiana (Mr. BAKER) their words that we are going to go water. agreed with this when we raised it in ahead and attempt to continue the Now, for most of us, you would think committee that FEMA will promptly process of reforming the flood insur- of wind-driven water as maybe the do the elevations necessary so that ance program. water driven under the stoop of your construction can proceed. But today in signing off on $22 billion door in a rain storm, or if you have an Mr. OXLEY. Mr. Speaker, I have no that cannot be supported simply by the older house like I had, under the win- further speakers, and I yield back the balance of my time. premiums by the individuals that are dows, maybe get some curtains wet or The motion was agreed to. covered right now, I personally think is the sheet rock under that window. A motion to reconsider was laid on a tremendous lost opportunity. So if the wind blew a tree into your the table. We heard a lot of rhetoric the last house, you could file a claim. If the couple of days. People come to the wind blew a car into your house, you f floor talking about how to save tax- could file a claim. But if the wind gen- RECESS payer dollars, but we have not under- erates a 30-foot wall of water, well, The SPEAKER pro tempore (Mr. taken to make reforms that would pro- then the American insurance industry SIMPSON). Pursuant to clause 12(a) of tect taxpayers in the first place. en mass is telling those people in Mis- rule I, the Chair declares the House in Our colleague from Mississippi has sissippi, Louisiana, Texas, and the Ala- recess subject to the call of the Chair. been focusing on the problem with bama gulf coast, You’re out of luck. We Accordingly (at 6 o’clock and 31 min- flood insurance not being available to a took your money. You’re a chump. utes p.m.), the House stood in recess whole range of people. No expectation Our Nation has a flood insurance pol- subject to the call of the Chair. they should have it. People behind lev- icy separate from that where the credi- f ees are not required to have flood in- bility of this Nation is at stake. I have surance. We have not dealt with sub- already told you what I have thought b 1957 sidized insurance for areas that are va- the private sector is doing to my peo- AFTER RECESS cation homes, second homes. ple. But this is us. We also collected The recess having expired, the House I am concerned that there is never people’s money in good faith that when was called to order by the Speaker pro really a good time to be able for us to there was a flood of their homes that tempore (Mr. TERRY) at 7 o’clock and seize this opportunity. While I say I am would be paid. We had an unprece- 57 minutes p.m. heartened by what I have heard from dented natural disaster. f the ranking member and the gen- Now, two things can happen. We can tleman from Ohio (Mr. OXLEY), and cer- go the way of the private sector which PROVIDING FOR CONSIDERATION tainly they steered a difficult course is doing everything they can to scam OF H. RES. 571, EXPRESSING last time in being able to make some of my constituents, and please use that SENSE OF HOUSE THAT DEPLOY- these incremental achievements, but if word, or we can honor our claims. Be- MENT OF FORCES IN IRAQ BE there was ever a time that the atten- cause a person or a nation is only as TERMINATED IMMEDIATELY tion of this Congress should be on the good as its word. Our Nation gave our Mr. GINGREY, from the Committee on dangers of the way that the program word that we would pay these claims if Rules, submitted a privileged report

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10994 CONGRESSIONAL RECORD — HOUSE November 18, 2005 (Rept. No. 109–312) on the resolution (H. adoption of the rule House Concurrent Rather, they follow from a logical as- Res. 572) providing for consideration of Resolution 308 is hereby adopted. sessment of one of the most respected the resolution (H. Res. 571) expressing Tonight, Mr. Speaker, this House, military affairs in international rela- the sense of the House of Representa- the people’s House, stands at a cross- tions experts that we have in all of tives that the deployment of United roads. In one direction lies the forced these United States, and that is ex- States forces in Iraq be terminated im- retreat and dishonor for our troops who actly what has this congressional lead- mediately and providing for consider- have placed their lives on the line for ership and this White House so con- ation of the concurrent resolution (H. the defense of this country; and in the cerned. Con. Res. 308) directing the Clerk of the other direction, Mr. Speaker, we can That is why they have gone out of House of Representatives to make a stand together as one Nation, as one their way in the last 24 hours to attack technical correction in the enrollment Congress, in celebration of those who the gentleman from Pennsylvania (Mr. of H.R. 3058, which was referred to the have made an unparalleled commit- MURTHA). It amounts to nothing more House Calendar and ordered to be ment to their country. than another swift boat attack on an printed. For this Member of Congress who American hero. Mr. GINGREY. Mr. Speaker, by di- represents the eleventh district of After all, attacking those who have rection of the Committee on Rules, I Georgia, I know which direction I will the temerity to challenge this White call up House Resolution 572 and ask choose. I know which course I will House is what Republicans in Congress for its immediate consideration. take. I will stand here tonight with our do best. But they have chosen a formi- The Clerk read the resolution, as fol- servicemen and -women who spend dable target in JACK MURTHA. lows: their days and nights fighting in the Unlike our President, our Vice Presi- H. RES. 572 desert of Iraq to secure the freedom of dent, our Secretary of Defense, the Resolved, That upon the adoption of this a new democracy. Their Nation called Secretary of State or the vast, vast resolution it shall be in order without inter- them to arms. Their Nation called majority of the Members in this House, vention of any point of order to consider in upon them for help in time of war. And, JACK MURTHA knows combat. At the the House the resolution (H. Res. 571) ex- Mr. Speaker, they answered that call. age of 34, he did not have to go and pressing the sense of the House of Represent- They departed their country. They left fight in Vietnam, but he did. He is a atives that the deployment of United States their homes, their families to fight a decorated veteran and an American forces in Iraq be terminated immediately. war on foreign soil against an enemy hero at a time when many others were The resolution shall be considered as read. that despises everything they and ev- shirking any possibility of going to The previous question shall be considered as ordered on the resolution to final adoption erything their country stands for. Vietnam. without intervening motion except: (1) one They went to fight a tyrant by the He knows our troops and he cares for hour of debate equally divided and controlled name of Saddam Hussein who had mur- them deeply and he has regularly vis- by the chairman and ranking minority mem- dered his own people, sought to con- ited them in the hospitals. There he ber of the Committee on International Rela- quer the Middle East for his own em- has seen their wounds. He has stood by tions; and (2) one motion to recommit which pire, and would have sought the de- them during their time of need and lis- may not contain instructions. struction of the West and the values tened to their hopes and fears. He has Sec. 2. Upon adoption of this resolution, that we hold so dear. This tyrant was been to Iraq and seen the state of the House Concurrent Resolution 308 is hereby nation with his own eyes. He is a true adopted. and is an enemy of liberty, and he had to be stopped. patriot and wants only the success of The SPEAKER pro tempore. The gen- Mr. Speaker, nightly on the floor of the United States and the Iraqi people, tleman from Georgia (Mr. GINGREY) is this House, some Members imply that and that is why he spoke with such recognized for 1 hour. the President misled our Nation, and passion yesterday. PARLIAMENTARY INQUIRY they demand an immediate withdrawal Representative MURTHA spoke for the Mr. EDWARDS. Mr. Speaker, I have of troops from Iraq, ceding victory to American people when he said that the a parliamentary inquiry. the enemy. And now we have to answer time has come for a change in direc- The SPEAKER pro tempore. The gen- the call of those who would besmirch tion, and everyone in this Chamber tleman will state his inquiry. their mission, who would besmirch knows that because JACK MURTHA is Mr. EDWARDS. Mr. Speaker, given their sacrifice. one of the most widely respected Mem- that the subject of this issue deals with Mr. Speaker, I stand prepared, along bers in this House. No matter the at- the solemn subject of war, my question with my colleagues, to debate this rule tack that this majority chooses to em- is, would I be in order to ask for unani- and the underlying resolution. ploy against those who would question mous consent that each Member of the Mr. Speaker, I reserve the balance of them, the reality on the ground is obvi- House be allowed up to 5 minutes to my time. ous to all who wish to see it. speak his or her conscience on this Ms. SLAUGHTER. Mr. Speaker, I America’s continued military occu- war-related resolution? yield myself such time as I may con- pation of that nation will not bring sume. stability. Our forces are drawing fire, 2000 b (Ms. SLAUGHTER asked and was not suppressing it; and their presence The SPEAKER pro tempore (Mr. given permission to revise and extend on foreign soil is serving as a catalyst TERRY). The Chair has recognized the her remarks.) for all of those who wish to do us and gentleman from Georgia (Mr. GINGREY) Ms. SLAUGHTER. Mr. Speaker, the Iraq harm. Insurgent attacks are on for 1 hour. He controls the time. He speed with which the majority has the rise, and more American and Iraqi may yield for a unanimous consent re- sought to challenge the frank and hon- lives are lost every single day. We can quest if he so chooses. est appraisal of the war in Iraq offered no longer continue on this failing path, Mr. GINGREY. Mr. Speaker, for the yesterday by my friend, the gentleman unwavering with no end in sight. purposes of debate only, I yield 30 min- from Pennsylvania (Mr. MURTHA), We can no longer ask Americans and utes to the gentlewoman from New proves that what he said resonated Iraqis to give up their lives for a goal York (Ms. SLAUGHTER), pending which I with the American people. which we are making less sustainable yield myself such time as I may con- Over 60 percent of our Nation no by the hour. We must chart a new sume. During consideration of this res- longer believes that we are headed in course. olution, all time yielded is for the pur- the right direction in Iraq. When Mr. Mr. MURTHA’s redeployment plan pose of debate only. MURTHA spoke yesterday, he spoke for comes from an experienced statesman Mr. Speaker, House Resolution 572 the majority of our country. Concerns and soldier who has and will continue provides for the consideration of House such as those voiced by Mr. MURTHA to do whatever he thinks is best for Resolution 571, expressing the sense of are not a sign of weakness, nor are this Nation. the House of Representatives that the they the product of a failure of resolve I implore my colleagues across this deployment of the United States forces or willingness to cower before adver- aisle to realize that continued Repub- in Iraq be terminated immediately. sity as many administration apologists lican attacks which seek to dismiss Section 2 of the rule provides that upon have suggested. and to discredit the valuable critiques

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10995 of knowledgeable legislators, as well as withdraw will affect our brave soldiers across the country could say it is the heartfelt will of the American peo- fighting on the ground overseas and flawed in the way it is written. It ple, will succeed in silencing neither. their families at home awaiting their makes no reference whatsoever to the Nor will they change the reality on the return? redeployment. It is a sad mistake when ground in Iraq. I will just say it is demoralizing and you rush to judgment to get something More Republican assaults will not insulting to them. It emboldens the to the floor. hide the gross management and corrup- terrorists. One thing that really concerns me a tion which has plagued the administra- We should not misrepresent the mis- great deal is our friend, our colleague, tion’s attempt to prosecute the war, sion in Iraq. Our troops are not occu- the recipient of the Bronze Star, two and they will not mollify America’s piers. They are liberators. They are Purple Hearts from Vietnam, the gen- growing concerns over flawed intel- there serving the cause of freedom and tleman from Pennsylvania (Mr. MUR- ligence, broken trust, subverted values, freedom is not free. It is costly. THA) being attacked as he has. and shameful acts of torture, all forced Mr. Speaker, I rise in strong support of the I remember in 1978 Congressman by the hand of an administration that rule and opposition to the underlying resolu- Sonny Montgomery who led a group of answers in half-truths and obfusca- tion. us to Vietnam to bring back remains of tions. I am a Vietnam veteran. I flew 116 combat those who had died in combat. I re- These cynical and all-too-typical Re- missions in B–52’s in Vietnam. I was deeply member the reverence with which the publican attempts to silence dissen- troubled to hear my colleague from Pennsyl- gentleman from Pennsylvania (Mr. sion, stifle debate, and discredit those vania, a fellow Vietnam veteran, yesterday call MURTHA) treated those 14 coffins of his who would dare to hold them account- for our immediate withdrawal from Iraq. former colleagues who were killed in able will only serve to elevate the It brought to mind the outrage I, and so action in Vietnam. power of the message that Mr. MURTHA many of my fellow veterans, felt so many I have seen in the 29 years I have is delivering to this government and to years ago, as a young Air Force Officer in been in Congress his supporting our the American people and to our troops. Vietnam, when we would hear the politicians troops, supporting under the Constitu- The Republicans today by attacking in Washington undermining the war effort for tion our duty to raise and maintain him succeed only in betraying them- political purposes. those wonderful young people who pro- selves. For the past few weeks, much of the criti- tect our freedoms. He has a resolution. The dramatic nature of their pan- cism of the war in Iraq, Mr. Speaker, has been He introduced it. He represents the icked response has clearly dem- nothing more than an attempt to undermine people of Pennsylvania. onstrated how incredibly valued Mr. our Commander in Chief. I admire his assessment of the war. MURTHA’s judgement is to military ex- Unfortunately, this comes at the expense of We disagree on the outcome. I have a perts at the Pentagon, to Members of our troops in the field. proposal myself. I sent a letter to the Congress, and to the American intel- How do you think this call to immediately President on October 20 setting forth, ligence community. withdraw will affect our brave soldiers fighting the only person that has set a formula, And the strangest thing that I shall on the ground overseas and their families at for three Iraqi brigades of level number ever see is the people who believed that home awaiting their return? It is demoralizing one, one American brigade may be re- and insulting to them. they were rewriting Mr. MURTHA’s res- deployed. And what do you think such comments like olution. Mr. MURTHA, with a reasoned It is interesting to note that there those made yesterday do for our terrorist en- withdrawal, had nothing even remotely has been no hearing on this resolution, emies in Iraq? It emboldens them and puts like the resolution we are debating this no hearing on similar issues that are of our troops at greater risk, Mr. Speaker. evening, which is the Republican reso- utmost importance to our country. How dare some of my colleagues on the left lution written by the gentleman from Now, though mistakes have been made, misrepresent our mission in Iraq. They call our California (Mr. HUNTER) which calls for and they have, such as allowing the troops occupiers rather than liberators, and it the immediate withdrawal of the looting and disbanding the Iraqi Army seems they’re more interested in demonizing troops in Iraq. rather than giving them a pick and Bush than defeating terrorists and defending I believe they have got some explain- shovel and a small paycheck, and as a freedom. result many of them became insurgents ing to do. History has some lessons to teach us. One Mr. Speaker, I reserve the balance of against the Americans, no one here as is written in words on the mall. It says ‘‘free- my time. spoken of the success that is needed in dom is not free.’’ Mr. GINGREY. Mr. Speaker, I yield While we respect those who disagree with Iraq. 1 1 ⁄4 minutes to the gentleman from us and who may even protest, we should al- If we are not successful, if the Iraqi Pennsylvania (Mr. PITTS). ways remember that our freedoms were not military is not successful, Iraq will be (Mr. PITTS asked and was given per- won with poster paint. They were won by the a snake pit for terrorists, every bit as mission to revise and extend his re- blood of patriots. bad as the Taliban had in Afghanistan, marks.) Winning and protecting freedom is costly. and lo and behold the problems it may Mr. PITTS. Mr. Speaker, I rise in That’s what our troops are doing in Iraq. raise in stability for Jordan and Saudi support of the rule and in strong oppo- As a combat veteran who served in an un- Arabia. It is important that we have sition to the underlying resolution. popular conflict during another painful time in success. I too am a Vietnam veteran. I flew our history, I can tell you that our troops will But it is also important that we have 116 combat missions in B–52s in Viet- always remember which politicians supported fair and full debate. It is important nam, and I was deeply troubled to hear them, and which undermined their efforts. that we have hearings in the Com- my colleague from Pennsylvania, a fel- Walking away from Iraq before the job is mittee on Armed Services on issues low Vietnam veteran, yesterday call done would be surrendering Iraq to terrorism such as this, which we have not had. for the immediate withdrawal of our and an incredible insult to the many brave Hearings yes, but not on the war issues troops from Iraq. It brought to my men and women who have sacrificed so as we need them discussed in a full mind the outrage that I and so many of much. hearing with proper witnesses as we my fellow veterans felt so many years If the war against terrorism is lost, it will not can ask questions of them. ago as a young Air Force officer in be lost by our magnificent troops on the battle- At least, Mr. Speaker, let me say Vietnam when we would hear the poli- field. It will be lost right here at home in the that we have wonderful young people ticians in Washington undermining the halls of Congress by politicians who lose their in uniform representing us in Iraq and war effort for political purposes. resolve. Afghanistan and across the globe. I am For the past few weeks, much of the Ms. SLAUGHTER. Mr. Speaker, I so proud of them. I am so proud of what criticism of the war in Iraq, Mr. Speak- yield 4 minutes to the gentleman from they do in bringing the fight to a suc- er, has been nothing more than an at- Missouri (Mr. SKELTON). cessful conclusion. tempt to undermine our Commander in Mr. SKELTON. Mr. Speaker, I thank And the issue of redeployment, Chief. Unfortunately, this comes at the the gentlewoman for yielding me time. whether I agree with the gentleman expense of our troops in the field. How In the rush to the floor, the resolu- from Pennsylvania (Mr. MURTHA) or do you think this call to immediately tion before us, any country lawyer not, and I do not, because my formula

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H10996 CONGRESSIONAL RECORD — HOUSE November 18, 2005 I think is the best and I have had posi- As early as July 27, 2005, the top ing) and about how responsibility and au- tive results in my home State with United States commander in Iraq stat- thority for these obligations will be shared positive unsolicited newspaper articles ed that a transition of U.S. troops from with the United Nations and/or other nations saying that it was a good and reason- Iraq could begin as early as this spring. going forward. 7. The Administration should provide to able method of redeployment, we must Iraq’s interim Prime Minister echoed Congress full details of information relied on do our best to have success there and General Casey’s sentiments and added by the President in his decision to go to war. proper redeployment of our troops from that ‘‘the time has arrived to plan a co- 8. The President should provide details of Iraq. ordinated transition from American to the criteria he will expect to be met before bringing U.S. troops home and of his exit b 2015 Iraqi military control throughout the country.’’ strategy. Mr. GINGREY. Mr. Speaker, I yield 2 The members of the Congressional The members of the Congressional minutes to the gentleman from South Black Caucus reaffirm our Statement Black Caucus further urge President Carolina (Mr. BARRETT). of Principles as to War against Iraq, Bush to end the deployment of U.S. Mr. BARRETT of South Carolina. issued in October 2002, which I would Armed Forces in Iraq expeditiously by Mr. Speaker, I rise in support of the place in the RECORD at this point. submitting to Congress a detailed plan rule, H. Res. 572, and we have talked a CONGRESSIONAL BLACK CAUCUS STATEMENT OF to withdraw U.S. forces from Iraq and lot about exit strategy, about with- PRINCIPLES AS TO WAR AGAINST IRAQ, OCTO- redeploy those forces at the earliest drawal. If I can say one thing tonight, BER 2002 practicable date; Mr. Speaker, I want to say do not be- We oppose a unilateral, first-strike action To accelerate the training of Iraqi se- lieve all the crap that you see on the by the United States without a clearly dem- curity forces to prepare them to accept TV. Do not believe all the crap that onstrated and imminent threat of attack on full responsibility for maintaining in- you hear in the news. the United States. ternal security in Iraq and transfer re- I have had an opportunity to go to Only Congress has the authority to declare sponsibility for internal security to the war. Iraq. I have seen the soldiers. I have Iraqi Government; seen the leaders. I have seen the peo- Every conceivable diplomatic option must be exhausted. To incorporate the United Nations ple, and I look at the faces out here to- A unilateral first strike would undermine and other international organizations night, Mr. Speaker, and the faces that the moral authority of the United States, de- in the transition and reconstruction I see, the biggest majority, are not the stabilize the Middle East region and under- process; faces like myself, gray-haired and re- mine the ability of our Nation to address To pursue security and stability in ceding hairline. unmet domestic priorities. Iraq through diplomatic and economic They are 18- and 19- and 20-year-old Further, any post-strike plan for maintain- means; heroes a couple of years older than my ing stability in the region would be costly and require a long-term commitment. To assure that there will be no per- oldest son; soldiers that are getting on manent military bases in Iraq; Mr. Speaker, we reaffirm our Further Blackhawks with faces painted and M– And to ensure full support of our Statement of Principles as to Presi- 16s getting ready to go on a mission at military families and our veterans, dent’s Request for Appropriations for 120 knots above the tree level, 18- and particularly with respect to service Efforts in Iraq issued in September 19- and 20-year-old heroes; soldiers that benefits and health care. are kicking in doors with NVGs, and 2003, which I ask to insert into the Our vote tonight, our votes, 42 of us, scared to death, but they are rooting RECORD at this point. will not be misinterpreted and not be out terrorists, 18- and 19- and 20-year- CONGRESSIONAL BLACK CAUCUS FURTHER mischaracterized. This is our position. STATEMENT OF PRINCIPLES AS TO PRESI- old heroes; guys that are humping We have submitted it for the RECORD. rucks. They are tired, and they are DENT’S REQUEST FOR APPROPRIATIONS FOR EFFORTS IN IRAQ, SEPTEMBER 2003 That is what we stand on, and that is cold, and they miss their mama and what we say to this House and to the In October 2002, before the President made their wife and their family and every- the decision to proceed to war, the Congres- President of the United States of thing they know and everything they sional Black Caucus (CBC) issued a ‘‘State- America. love, 18- and 19- and 20-year-old heroes. ment of Principles as to the War Against Mr. GINGREY. Mr. Speaker, I yield 2 When I was sworn in as a United Iraq.’’ minutes to the gentleman from Florida States Congressman, I raised my right In light of the President’s request for $87 (Mr. LINCOLN DIAZ-BALART), the distin- hand, put my left hand on the Bible billion to pursue continuing operations in guished vice chairman of the Rules and said I would support and defend the Iraq, the CBC believes that it is desirable to Committee. Constitution of the United States. I issue these Further Principles that will Mr. LINCOLN DIAZ-BALART of guide our evaluation of the President’s re- will support and defend this country. I quest for additional funding: Florida. Mr. Speaker, I thank the gen- will support and defend my soldiers. As 1. We reaffirm our Statement of Principles tleman for the time. long as I am a United States Congress- issued in October 2002 (copy attached). Sometimes subtleties are lost, espe- man, I will not cut and run on the peo- 2. Despite the President’s failure to follow cially when we are dealing with very ple of Iraq. I will not cut and run on our original Statement of Principles in his difficult, critical issues, such as war the soldiers fighting the battle. I will decisions leading to the war, we express our and peace, and unfortunately, the mes- not cut and run on the United States of full resolve to support and protect our troops sage has gone out quite clearly to the and their families. America. 3. The Administration should provide an world press, as recorded throughout Let us not talk about an exit strat- accounting of all funds expended to date that the world today by the media, that egy. Let us talk about freedom. Let us were previously appropriated by the Con- there is a serious diminution in sup- talk about democracy. Let us talk gress, including details about all contracts port for the mission that the United about victory. for work in or related to Iraq. States of America is engaged in in Iraq Ms. SLAUGHTER. Mr. Speaker, I 4. The President should provide sufficient here in Congress. yield 3 minutes to the gentleman from details about how the proposed funding will So I think that this resolution today be spent to enable Congress and its Commit- North Carolina (Mr. WATT), the chair- is very important to eliminate any tees to evaluate separately funding proposed man of the Congressional Black Cau- for the protection and maintenance of our confusion that may exist by virtue of a cus. troops and funding proposed for rebuilding very clear message that has spread Mr. WATT. Mr. Speaker, I rise to- Iraq. Congress should vote on these funding around the world today of a serious night to speak on behalf of the 42 mem- proposals separately. diminution of the mission of our bers of the Congressional Black Cau- 5. The President should provide full details troops, and that this resolution will cus. By doing so, we wish to make clear about how the efforts will be paid for, includ- clear up that confusion. positions the Congressional Black Cau- ing a full accounting of Iraqi resources (re- Let us say very clearly with this res- cus has consistently taken from before covered and anticipated) and how the Presi- olution, with the overwhelming defeat dent proposes to use those resources to re- the time the war in Iraq commenced duce or reimburse the U.S. obligation. of the message of diminution of sup- and to put those positions in the 6. The President should provide full details port, that we stand with the troops and RECORD. Our votes tonight will not be about the future obligations of the United that we stand with the mission of the misinterpreted or mischaracterized. States (personnel, funding and decision mak- troops; of being in Iraq until there is a

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H10997 stable, democratic government there. prematurely. We do have an exit strat- cal weapons program, and that Iraq had an That is critical for the security not egy. It is when the Iraqi people can advanced nuclear weapons development pro- only of the Iraqi people, but of all of control their own country. When the gram that was much closer to producing a the neighborhood in that area and of Iraqi people stand up, we will stand nuclear weapon than intelligence reporting had previously indicated; the United States. down. That nurse I will never dis- Key issue: UN inspection teams identified Ms. SLAUGHTER. Mr. Speaker, I appoint. and destroyed nearly all such weapons. A yield 11⁄2 minutes to the gentleman Ms. SLAUGHTER. Mr. Speaker, I am lead inspector, Scott Ritter, said that he be- from New York (Mr. CROWLEY). pleased to yield 1 minute to the gen- lieves that nearly all other weapons not (Mr. CROWLEY asked and was given tleman from Ohio (Mr. KUCINICH). found were destroyed in the Gulf War. Fur- permission to revise and extend his re- Mr. KUCINICH. Mr. Speaker, I spent thermore, according to a published report in marks.) 3 years making the case against the the Washington Post, the Central Intel- Mr. CROWLEY. Mr. Speaker, I thank war in Iraq, working with other Mem- ligence Agency has no up to date accurate report on Iraq’s WMD capabilities. my friend and colleague from New bers leading a nationwide opposition to Whereas Iraq, in direct and flagrant viola- York for yielding me time. the war, developing an exit strategy tion of the cease-fire, attempted to thwart Mr. Speaker, bringing this resolution once we got in, working with col- the efforts of weapons inspectors to identify to the floor this evening, it is not leagues on both sides of the aisle on and destroy Iraq’s weapons of mass destruc- about the withdrawal of our troops plans to withdraw from Iraq, to bring tion stockpiles and development capabilities, from Iraq. It is about the Republicans our troops home, but I will vote which finally resulted in the withdrawal of playing politics and questioning the inspectors from Iraq on October 31, 1998; against this resolution because it is a Key issues: Iraqi deceptions always failed. patriotism of one of Congress’ most fraud. The inspectors always figured out what Iraq decorated veterans. What more does anyone need to know was doing. It was the United States that The Republicans are doing what they but that the sponsor himself has called withdrew from the inspections in 1998. And do best, creating a smoke screen to for defeat of his own proposition? If his the United States then launched a cruise hide the fact that this administration real intention is to bring the troops missile attack against Iraq 48 hours after the has misled our country into war. home right now, why would he vote inspectors left. In advance of a military This resolution was rushed to the against his own resolution? strike, the U.S. continues to thwart (the Ad- ministration’s word) weapons inspections. floor in the Republicans’ hopes of di- Wake up, America. The American Whereas in 1998 Congress concluded that viding Democrats, but unfortunately, people are fed up with politicians who Iraq’s continuing weapons of mass destruc- Mr. Speaker, what it has proven to be say one thing and do another. Every- tion programs threatened vital United is a device to divide Americans. one of conscience and intelligence States interests and international peace and I will not stand here and let Repub- knows the magnitude of withdrawing security, declared Iraq to be in ‘‘material licans question the patriotism of Mr. 150,000 troops requires a plan. and unacceptable breach of its international MURTHA or any Democrat. The American people deserve a real obligations’’ and urged the President ‘‘to In America, it is not unpatriotic to debate on Iraq. Where are the WMDs? take appropriate action, in accordance with question a war in which almost 2,100 Where is Osama bin Laden? What did the Constitution and relevant laws of the United States, to bring Iraq into compliance Americans have lost their lives and Iraq have to do with 9/11? with its international obligations’’ (Public some 25,000 Americans have been grave- This Congress, which is a coequal Law 105–235); ly injured. branch of government, which has the Whereas Iraq both poses a continuing When a mother who has lost her son war power, has the oversight responsi- threat to the national security of the United camps out in Crawford, Texas, wanting bility and has a moral obligation to States and international peace and security only to speak to the President, she was find out why almost everything of sig- in the Persian Gulf region and remains in called unpatriotic. When a POW GOP nificance we were told about the war material and unacceptable breach of its Senator offered an amendment to ban international obligations by, among other turned out to be false. Instead, those things, continuing to possess and develop a the use of torture, he was called unpa- who raise questions have their military significant chemical and biological weapons triotic. Now, when one of the most service or their honor impugned. capability, actively seeking a nuclear weap- decorated veterans in America ques- They took JOHN KERRY on a swift ons capability, and supporting and harboring tions the planning and the direction of boat. We are not going to let them take terrorist organizations; this war, what is he called? Unpatri- JACK MURTHA on a swift boat, nor are Key issues: There is no proof that Iraq rep- otic. the American people. We have to stand resents an imminent or immediate threat to I do not believe the Republican Cau- up and expose the fakery when we see the United States. A ‘‘continuing’’ threat does not constitute a sufficient cause for cus is unpatriotic, but I do believe this it. war. The Administration has refused to pro- evening they are pathetic. Our country ANALYSIS OF JOINT RESOLUTION ON IRAQ BY vide the Congress with credible intelligence demands answers about how to win this DENNIS J. KUCINICH that proves that Iraq is a serious threat to war and to get our troops home safely. The following is an analysis of the resolu- the United States and is continuing to pos- Mr. GINGREY. Mr. Speaker, I yield 1 tion which took America to war in Iraq. sess and develop chemical and biological and minute to the gentlewoman from Flor- October 2, 2002. Whereas in 1990 in response nuclear weapons. Furthermore there is no ida (Ms. GINNY BROWN-WAITE). to Iraq’s war of aggression against an illegal credible intelligence connecting Iraq to Al Ms. GINNY BROWN-WAITE of Flor- occupation of Kuwait, the United States Qaida and 9/11. forged a coalition of nations to liberate Ku- Whereas Iraq persists in violating resolu- ida. Mr. Speaker, what we have before wait and its people in order to defend the na- tions of the United Nations Security Council us tonight is not an attack on any one tional security of the United States and en- by continuing to engage in brutal repression Member. It is not about politics, but it force United Nations Security Council reso- of its civilian population thereby threat- is about whether or not you support lutions relating to Iraq; ening international peace and security in the our troops who are in harm’s way. Key issue: In the Persian Gulf war there region, by refusing to release, repatriate, or When I was in Iraq, I will never for- was an international coalition. World sup- account for non-Iraqi citizens wrongfully de- get a nurse coming up to me in a hos- port was for protecting Kuwait. There is no tained by Iraq, including an American serv- pital that had been pretty darn dam- world support for invading Iraq. iceman, and by failing to return property Whereas after the liberation of Kuwait in wrongfully seized by Iraq from Kuwait; aged and neglected by Saddam Hussein, 1991, Iraq entered into a United Nations Key issues: This language is so broad that and she said, please do not leave. I sponsored cease-fire agreement pursuant to it would allow the President to order an at- thought she was talking about me not which Iraq unequivocally agreed, among tack against Iraq even when there is no ma- leaving the hospital, and I said to her, other things, to eliminate its nuclear, bio- terial threat to the United States. Since this I have to go. She said, no, I do not logical, and chemical weapons programs and resolution authorizes the use of force for all mean you; I want your troops to stay the means to deliver and develop them, and Iraq related violations of the UN Security until our country is safe, until our to end its support for international ter- Council directives, and since the resolution country is secure. I will never forget rorism; cites Iraq’s imprisonment of non-Iraqi pris- Whereas the efforts of international weap- oners, this resolution would authorize the that woman. ons inspectors, United States intelligence President to attack Iraq in order to liberate That message has been relayed time agencies, and Iraqi defectors led to the dis- Kuwaiti citizens who may or may not be in and time again from the troops who covery that Iraq had large stockpiles of Iraqi prisons, even if Iraq met compliance come home, who say we cannot leave chemical weapons and a large scale biologi- with all requests to destroy any weapons of

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This weapons inspections in violation of United Key issue: Unilateral action against Iraq use-of-force resolution enables the President Nations Security Council Resolution 687, re- will cost the United States the support of to commit U.S. troops to recover Kuwaiti pression of its civilian population in viola- the world community, adversely affecting property. tion of United Nations Security Council Res- the war on terrorism. No credible intel- Whereas the current Iraqi regime has dem- olution 688, and threatening its neighbors or ligence exists which connects Iraq to the onstrated its capability and willingness to United Nations operations in Iraq in viola- events of 9/11 or to those terrorists who per- use weapons of mass destruction against tion of United Nations Security Council Res- petrated 9/11. Under international law, the other nations and its own people; olution 949; United States does not have the authority to Whereas the current Iraqi regime has dem- Key issue: The UN Charter forbids all unilaterally order military action to enforce onstrated its continuing hostility toward, member nations, including the United UN Security Council resolutions. and willingness to attack, the United States, States, from unilaterally enforcing UN reso- Whereas Congress has taken steps to pur- including by attempting in 1993 to assas- lutions. sue vigorously the war on terrorism through sinate former President Bush and by firing Whereas Congress in the Authorization for the provision of authorities and funding re- on many thousands of occasions on United Use of Military Force Against Iraq Resolu- quested by the President to take the nec- States and Coalition Armed Forces engaged tion (Public Law 102–1) has authorized the essary actions against international terror- in enforcing the resolutions of the United President ‘‘to use United States Armed ists and terrorist organizations, including Nations Security Council; Forces pursuant to United Nations Security those nations, organizations or persons who Key issue: The Iraqi regime has never at- Council Resolution 678 (1990) in order to planned, authorized, committed or aided the tacked nor does it have the capability to at- achieve implementation of Security Council terrorist attacks that occurred on Sep- tack the United States. The ‘‘no fly’’ zone Resolutions 660, 661, 662, 664, 665, 666, 667, 669, tember 11, 2001 or harbored such persons or was not the result of a UN Security Council 670, 674, and 677’’; organizations; directive. It was illegally imposed by the Key issue: The UN Charter forbids all Key issue: The Administration has not pro- United States, Great Britain and France and member nations, including the United vided Congress with any proof that Iraq is in is not specifically sanctioned by any Secu- States, from unilaterally enforcing UN reso- any way connected to the events of 9/11. rity Council resolution. lutions with military force. Whereas the President and Congress are Whereas members of al Qaida, an organiza- Whereas in December 1991, Congress ex- determined to continue to take all appro- tion bearing responsibility for attacks on the pressed its sense that it ‘‘supports the use of priate actions against international terror- United States, its citizens, and interests, in- all necessary means to achieve the goals of ists and terrorist organizations, including cluding the attacks that occurred on Sep- United Nations Security Council Resolution those nations, organizations or persons who tember 11, 2001, are known to be in Iraq; 687 as being consistent with the Authoriza- planned, authorized, committed or aided the Key issue: There is no credible intelligence tion of Use of Military Force Against Iraq terrorist attacks that occurred on Sep- that connects Iraq to the events of 9/11 or to Resolution (Public Law 102–1), ‘‘ that Iraq’s tember 11, 2001, or harbored such persons or participation in those events by assisting Al repression of its civilian population violates organizations; Qaida. United Nations Security Council Resolution Key issue: The Administration has not pro- Whereas Iraq continues to aid and harbor 688 and ‘‘constitutes a continuing threat to vided Congress with any proof that Iraq is in other international terrorist organizations, the peace, security, and stability of the Per- any way connected to the events of 9/11. Fur- including organizations that threaten the sian Gulf region,’’ and that Congress, ‘‘sup- thermore, there is no credible evidence that lives and safety of American citizens; ports the use of all necessary means to Iraq has harbored those who were responsible Key issue: Any connection between Iraq achieve the goals of United Nations Security for planning, authorizing or committing the support of terrorist groups in Middle East, is Council Resolution 688’’; attacks of 9/11. an argument for focusing great resources on Key issue: This clause demonstrates the Whereas the President has authority under resolving the conflict between Israel and the proper chronology of the international proc- the Constitution to take action in order to Palestinians. It is not sufficient reason for ess, and contrasts the current march to war. deter and prevent acts of international ter- the U.S. to launch a unilateral preemptive In 1991, the UN Security Council passed a rorism against the United States, as Con- strike against Iraq. resolution asking for enforcement of its reso- gress recognized in the joint resolution on Whereas the attacks on the United States lution. Member countries authorized their Authorization for Use of Military Force of September 11, 2001 underscored the gravity troops to participate in a UN-led coalition to (Public Law 107–40); and of the threat posed by the acquisition of enforce the UN resolutions. Now the Presi- Key issue: This resolution was specific to 9/ weapons of mass destruction by inter- dent is asking Congress to authorize a uni- 11. It was limited to a response to 9/11. national terrorist organizations; lateral first strike before the UN Security Whereas it is in the national security of Key issue: There is no connection between Council has asked its member states to en- the United States to restore international Iraq and the events of 9/11. force UN resolutions. peace and security to the Persian Gulf re- Whereas Iraq’s demonstrated capability Whereas the Iraq Liberation Act (Public gion; and willingness to use weapons of mass de- Law 105–338) expressed the sense of Congress Key issue: If by the ‘‘national security in- struction, the risk that the current Iraqi re- that it should be the policy of the United terests’’ of the United States, the Adminis- gime will either employ those weapons to States to support efforts to remove from tration means oil, it ought to communicate launch a surprise attack against the United power the current Iraqi regime and promote such to the Congress. A unilateral attack on States or its Armed Forces or provide them the emergence of a democratic government Iraq by the United States will cause insta- to international terrorists who would do so, to replace that regime; bility and chaos in the region and sow the and the extreme magnitude of harm that Key issue: This ‘‘Sense of Congress’’ reso- seeds of future conflicts all other the world. would result to the United States and its lution was not binding. Furthermore, while Now, therefore, be it citizens from such an attack, combine to jus- Congress supported democratic means of re- Resolved by the Senate and House of Rep- tify action by the United States to defend moving Saddam Hussein it clearly did not resentatives of the United States of America itself; endorse the use of force contemplated in this in Congress assembled, Key issue: There is no credible evidence resolution, nor did it endorse assassination SEC. 1. SHORT TITLE. that Iraq possesses weapons of mass destruc- as a policy. This joint resolution may be cited as the tion. If Iraq has successfully concealed the Whereas on September 12, 2002, President ‘‘Authorization for the Use of Military Force production of such weapons since 1998, there Bush committed the United States to ‘‘work Against Iraq’’. is no credible evidence that Iraq has the ca- with the United Nations Security Council to SEC. 2. SUPPORT FOR UNITED STATES DIPLO- pability to reach the United States with meet our common challenge’’ posed by Iraq MATIC EFFORTS such weapons. In the 1991 Gulf War, Iraq had and to ‘‘work for the necessary resolutions,’’ The Congress of the United States supports a demonstrated capability of biological and while also making clear that ‘‘the Security the efforts by the President to— chemical weapons, but did not have the will- Council resolutions will be enforced, and the (a) strictly enforce through the United Na- ingness to use them against the United just demands of peace and security will be tions Security Council all relevant Security States Armed Forces. Congress has not been met, or action will be unavoidable’’; Council resolutions applicable to Iraq and provided with any credible information, Whereas the United States is determined encourages him in those efforts; and which proves that Iraq has provided inter- to prosecute the war on terrorism and Iraq’s (b) obtain prompt and decisive action by national terrorists with weapons of mass de- ongoing support for international terrorist the Security Council to ensure that Iraq struction. groups combined with its development of abandons its strategy of delay, evasion and Whereas United Nations Security Council weapons of mass destruction in direct viola- noncompliance and promptly and strictly Resolution 678 authorizes the use of all nec- tion of its obligations under the 1991 complies with all relevant Security Council essary means to enforce United Nations Se- ceasefire and other United Nations Security resolutions. curity Council Resolution 660 and subsequent Council resolutions make clear that it is in Key issue: Congress can and should support relevant resolutions and to compel Iraq to the national security interests of the United this clause. However Section 3 (which fol- cease certain activities that threaten inter- States and in furtherance of the war on ter- lows) undermines the effectiveness of this

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AUTHORIZATION FOR USE OF UNITED The question before the Congress STATES ARMED FORCES. countries continuing to take the necessary AUTHORIZATION.—The President is author- actions against international terrorists and today is shall we pull our troops out ized to use the Armed Forces of the United terrorist organizations, including those na- now before their mission is complete. States as he determines to be necessary and tions, organizations or persons who planned, Let us examine just for a second the appropriate in order to— authorized, committed or aided the terror- consequences of such action. (1) defend the national security of the ists attacks that occurred on September 11, If our forces leave now, we would em- United States against the continuing threat 2001. power terrorists such as Zarqawi to posed by Iraq; and (c) WAR POWERS RESOLUTION REQUIRE- spread violence against innocent civil- (2) enforce all relevant United Nations Se- MENTS.— ians, unchecked. Iraq could then de- curity Council Resolutions regarding Iraq. (1) SPECIFIC STATUTORY AUTHORIZATION.— Key issue: This clause is substantially volve into anarchy and become a base Consistent with section 8(a)(1) of the War of terror operations. That is the ques- similar to the authorization that the Presi- Powers Resolution, the Congress declares dent originally sought. that this section is intended to constitute tion, and that is the risk, and I believe It gives authority to the President to act specific statutory authorization within the we must fight the terrorists at the prior to and even without a UN resolution, meaning of section 5 (b) of the War Powers heart of their power, not in the streets and it authorizes the President to use U.S. Resolution. of America. troops to enforce UN resolutions even with- (2) APPLICABILITY OF OTHER REQUIRE- Mr. Speaker, many of the same Mem- out UN request for it. This is a violation of MENTS.—Nothing in this resolution super- bers who voted in 2002 to support this Chapter VII of the UN Charter, which re- sedes any requirement of the War Powers effort now say that the President mis- serves the ability to authorize force for that Resolution. led them. If they actually believe such purpose to the Security Council, alone. SEC. 4. REPORTS TO CONGRESS. Under Chapter VII of the Charter of the an outrageous allegation, why did the (a) The President shall, at least once every United Nations, ‘‘The Security Council shall President not just simply plant weap- 60 days, submit to the Congress a report on determine the existence of any threat to the ons of mass destruction in Iraq while matters relevant to this joint resolution, in- peace . . . and shall make recommendations he was at it? This whole train of cluding actions taken pursuant to the exer- to maintain or restore international peace thought is absolutely nuts. They just cise of authority granted in section 2 and the and security.’’ (Article 39). Only the Security status of planning for efforts that are ex- looked at the same intelligence, and Council can decide that military force would pected to be required after such actions are they cannot simply rewrite history. be necessary, ‘‘The Security Council may de- completed, including those actions described Mr. Speaker, with our assistance Iraq cide what measures . . . are to be employed in section 7 of Public Law 105–338 (the Iraq is making remarkable progress, and to give effect to its decisions (Article 41) . . . Liberation Act of 1998). when our American forces do come [and] it may take such action by air, sea, or (b) To the extent that the submission of home, they will come home as heroes, land forces as may be necessary to maintain any report described in subsection (a) coin- or restore international peace and security.’’ and our Nation will be more secure. I cides with the submission of any other re- (Article 43). Furthermore, the resolution au- urge my colleagues to support this port on matters relevant to this joint resolu- thorizes use of force illegally, since the UN rule. tion otherwise required to be submitted to Security Council has not requested it. Ac- Ms. SLAUGHTER. Mr. Speaker, I am Congress pursuant to the reporting require- cording to the UN Charter, members of the pleased to yield 11⁄2 minutes to the gen- ments of Public Law 93–148 (the War Powers UN, such as the US, are required to ‘‘make tleman from Texas (Mr. EDWARDS). Resolution), all such reports may be sub- available to the Security Council, on its call Mr. EDWARDS. Mr. Speaker, I rep- mitted as a single consolidated report to the and in accordance with a special agreement Congress. resent over 40,000 patriotic Americans or agreements, armed forces . . .’’ (Article (c) To the extent that the information re- who have served in Iraq. Over 200 Army 43, emphasis added). The UN Security Coun- quired by section 3 of Public Law 102–1 is in- soldiers have given their lives there. I cil has not called upon its members to use cluded in the report required by this section, revere them, their service and their military force against Iraq at the current such report shall be considered as meeting time. sacrifice, and that is exactly why I be- Furthermore, changes to the language of the requirements of section 3 of Public Law lieve a vote on war is the single most the previous use-of-force resolution, drafted 102–1. solemn responsibility we ever have as a by the White House and objected to by many Mr. GINGREY. Mr. Speaker, I yield 2 Member of Congress. members of Congress, are cosmetic: minutes to the gentlewoman from b 2030 In section (1), the word ‘‘continuing’’ was Michigan (Mrs. MILLER). added to ‘‘the threat posed by Iraq’’. Mrs. MILLER of Michigan. Mr. Yet tonight the House leadership, on In section (2), the word ‘‘relevant’’ is added a partisan basis, has given each Mem- Speaker, I certainly thank the gen- to ‘‘United Nations Security Council Resolu- ber of Congress on average 7.8 seconds. tleman for yielding me time. tions’’ and the words ‘‘regarding ‘‘Iraq’’ were That is right, 7.8 seconds to speak his Mr. Speaker, since the start of Oper- added to the end. or her conscience on whether or not we While these changes are represented as a ation Iraqi Freedom, the goal of this should keep or remove our troops from compromise or a new material development, Nation has been the same, to topple the effects of this resolution are largely the Iraq. the dictatorship of Saddam Hussein This process, especially without a same as the previous White House proposal. and to bring freedom to the Iraqi peo- The UN resolutions, which could be cited single hearing, a single witness, on a by the President to justify sending U.S. ple. resolution just introduced a few hours troops to Iraq, go far beyond addressing Our coalition forces were successful ago, does a disservice to the enormity weapons of mass destruction. These could in- in bringing down Saddam, and today he of the issue of war and peace before us, clude, at the President’s discretion, such is facing the justice of the Iraqi people to the integrity of this House, and to ‘‘relevant’’ resolutions ‘‘regarding Iraq’’ in- in a country that is beginning to un- the sacrifice of our servicemen and cluding resolutions to enforce human rights derstand and to live under the rule of -women now in harm’s way. and the recovery of Kuwaiti property. law, not the rule of a barbaric and bru- PRESIDENTIAL DETERMINATION.— In 1991, when this House debated In connection with the exercise of the au- tal dictator. whether to go to war in Iraq, and I was thority granted in subsection (a) to use force Today the people of Iraq have elected in that debate, Speaker Foley gave the President shall, prior to such exercise or an interim government that drafted a each Member of the House 5 minutes, as soon there after as may be feasible, but no Constitution, subsequently approved and the country was mesmerized by the later than 48 hours after exercising such au- by the Iraqi people, and on December 15 voices of conscience on each side. What thority, make available to the Speaker of they will again go to the polls to elect was the result? When the vote was cast, the House of Representatives and the Presi- a permanent Parliament. None of this the country was united and the troops dent pro tempore of the Senate his deter- could have been achieved without the mination that— I represented knew their Nation was (1) reliance by the United States on further sacrifice of the brave men and women behind them. diplomatic or other peaceful means alone ei- who serve in our armed services. But this partisan process tonight ther (A) will not adequately protect the na- While we have been working to estab- does a disservice to our troops. It di- tional security of the United States against lish a democratic government, we have vides our Nation, and it divides this

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11000 CONGRESSIONAL RECORD — HOUSE November 18, 2005 Congress. If we are going to debate the more of the same and expecting a dif- moting democracy and freedom. My issue, the solemn issue of war and ferent result is failing our troops and fourth son has indicated that next year peace, let us do it the right way. Vote failing our country. he will be enlisting in the marines. ‘‘no’’ on this resolution and let every These policies and the policies the My four sons understand September Member of the House have the right to President has are not succeeding. But 11 was the beginning of a war, a global voice his or her conscience. the reason each of these men has come war against terrorism. I am very proud Mr. GINGREY. Mr. Speaker, I yield 2 forward with a recommendation is be- of their participation. We understand minutes to the gentleman from Ari- cause all we are offered is more of the that we must face the enemy overseas, zona (Mr. RENZI), a proud veteran. same. It is a policy void of leading us or we will be facing them here on the Mr. RENZI. Mr. Speaker, I thank the to a strategy of success and victory streets of America. gentleman from Georgia for yielding and departure. This is not a discussion Ms. SLAUGHTER. Mr. Speaker, I re- me this time. about relitigating the past. It is a de- serve the balance of my time. I want to be honest with a lot of peo- bate about how we succeed and exit, Mr. GINGREY. Mr. Speaker, I yield ple in this House. My father served this not about how we got in, but how we 11⁄2 minutes to the gentleman from Nation for 34 years. He has been friends get out with victory. Iowa (Mr. KING). with JACK MURTHA for 20 years. Our Now, I would think that after a series Mr. KING of Iowa. Mr. Speaker, I families have known each other for of the last 21⁄2 years, what we can be thank the gentleman from Georgia for over 20 years. criticized for here in this House is not yielding me this time. I appreciate the JACK MURTHA’s resolution calls for a for raising questions but for not having opportunity to address this House and redeployment. Jack Murtha’s Web site raised questions. We have given the ad- the opportunity for us all to sit and lis- talks about redeployment. DUNCAN ministration an appropriated $450 bil- ten to this debate. HUNTER’s resolution talks about imme- lion, everything they have asked for. I hear a couple of different numbers, diate withdrawal. They are two sepa- They have gotten everything from this 25,000 wounded but 15,000 wounded com- rate issues. Both men do not impugn Congress. Our role is to appropriate. ing from the same side of the aisle. I each other’s character. We have appropriated. What we have am wondering if that is indicative of The media may have taken Mr. MUR- not done is ask the questions, and we some of the other statistics that we THA’s idea and spun it into immediate deserve criticism for not having had have heard. withdrawal, and that message may not oversight, not having asked questions. But I ask this question: Why have I be the message that our troops need to That is where the fault lies in this not heard any objections to our oper- hear from this Congress. We need to be House, because we did not ask the ations in Afghanistan? Twenty-five straight, and we need to be honest with questions. million people liberated and freed and each other. What do we have? We appropriated standing on free soil, voting for their Leading up to this, there have been $450 billion, 2,000 troops in Iraq, 200 or own freedom and their own national individuals who have come down here more in Afghanistan, 15,000 fellow citi- destiny, a cost of 200 American lives. and have been insightful. We have got zens wounded, and we have a single Nobody set a value on that. How many some tough guys in the House who Iraqi battalion to show for it? is too many in Afghanistan? want to say that this President manip- We have a job to ask the questions in Twenty-five million Iraqis free, vot- ulated prewar intelligence. Sandy oversight. We abdicated our response. ing on free soil for the first time in Berger said, Saddam Hussein will use This is a course tonight to begin to ask their real lives, and what does this his weapons of mass destruction and he and to begin debate because for 21⁄2 mean to America? It means that we will use them again probably 10 times. years this Congress was silent in its have erased some of the habitat that Madeleine Albright said, He jeopardizes role and the American people have breeds terror. Do we not understand stability in the region with weapons of asked us and demanded of us to speak this greater mission here is to eradi- mass destruction. The WMD Commis- up to the responsibility in our sworn cate that habitat so Arab people can sion said they found no evidence of ma- oath and responsibilities. breathe free and that free people do not nipulation, and the 9/11 Commission Whether it is Kevlar vests; whether it go to war against free people? Could we said they found no evidence of manipu- is Humvees; whether it is the Secretary look at this broader mission of 50 mil- lation. Those are facts. of Defense, who originally said only lion people freed? 2,200 American lives, JACK MURTHA is a great man and a 75,000 troops were needed; whether it tens of thousands of other lives. We patriot. DUNCAN HUNTER wants to send was the Deputy Secretary of Defense, have not been attacked in this country a message to our troops that says we who said this would be 7 days and a since that date for a lot of good rea- are not saying we have to immediately short war, our men and women deserve sons. withdraw. We need to come back after a policy of success and victory and exit You cannot separate the mission Thanksgiving, we need to think about so they can come home to their fami- from the troops. You cannot sit here it and go through what our strategy is lies. And tonight we are having, fi- and say, I support the troops. Mr. in Iraq to best protect our boys and nally, some debate, but we also need an President, we ought to bring the troops girls and to bring peace and stability overture of our responsibility and some home. I do not support their mission. to the region. And it needs to be oversight of what goes on. After $450 You cannot ask somebody to put their thoughtful. billion, 2,000 American lives, we have a life on the line for your freedom and But tough guys coming down here responsibility. not support their mission, but tell saying that this President manipulated Mr. GINGREY. Mr. Speaker, I yield 1 them that you support the troops. evidence is a bald-faced deception. minute to the gentleman from South Further more, I sat in Kuwait City Ms. SLAUGHTER. Mr. Speaker, I Carolina (Mr. WILSON). and watched on television as Moqtada yield 3 minutes to the gentleman from Mr. WILSON of South Carolina. Mr. al-Sadr said, ‘‘They will go home the Illinois (Mr. EMANUEL). Speaker, I thank my colleague from same way they did from Vietnam, Leb- Mr. EMANUEL. Mr. Speaker, in the Georgia for yielding me this time. anon, and Mogadishu.’’ last week, two Vietnam veterans, one Mr. Speaker, I am here in the role of We must stay the course. Democrat, one Republican, one in the a parent. I am very proud that my old- Ms. SLAUGHTER. Mr. Speaker, I re- House, one in the Senate, came to the est son served in the field artillery of serve the balance of my time. same conclusion: the present course is the Army National Guard for a year in Mr. GINGREY. Mr. Speaker, I yield 2 not succeeding and is not working. Iraq. He saw the progress of building a minutes to the gentlewoman from Illi- Both have different solutions and dif- civil society in Iraq to protect Amer- nois (Mrs. BIGGERT). ferent recommendations. Senator ican families. I am also grateful my Mrs. BIGGERT. Mr. Speaker, I thank HAGEL has his. Congressman MURTHA second son is a doctor in the Navy, the gentleman for yielding me this has his. Senator MCCAIN has his. Con- graduated from medical school this time. gressman SKELTON has his. But what year. My third son graduated from sig- Mr. Speaker, I rise in strong support all of them have in common is that the nal school this year, just got back from of this rule for the consideration of present course is not succeeding. Doing serving a month in Egypt, again pro- House Resolution 571.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11001 But first I want to state for the the Iraq presidential election had a That is what Mr. MURTHA is asking record that I have a great deal of re- televised debate recently? for. That is what Senator FEINGOLD is spect for the gentleman from Pennsyl- We have accomplished a great deal. asking for. That is what WALTER JONES vania. I do not believe that this resolu- We are on the road to success. and RON PAUL and DENNIS KUCINICH and tion is about him or anyone else in this I, like every other American, I am Neil Abercrombie are asking: Tell us Chamber. This resolution is about our sure everybody in this room, want what the strategy is. troops, our mission, and our commit- every American home tomorrow. I I close with this. It is so ironic that ment to finishing the job in Iraq. It is want them home and safe. I voted for we are having this debate tonight be- about communicating to the world the resolution to put these people in cause on April 9, 1999, Governor Bush where the Members of this Chamber harm’s way; and, therefore, like every- criticized President Clinton for not stand on immediate withdrawal of our body here who did the same thing, I having a strategy. This is his quote in troops from Iraq. know that you feel as I do, a knife goes the Houston Chronicle: ‘‘Victory means A number of my colleagues and I vis- through your heart every time you see exit strategy, and it is important for ited Iraq several times and met with something on television, every time the President to explain to us what the the women who had run for office in you read a report of another American exit strategy is.’’ That is all we are elections there. These women, Sunnis, being killed in Iraq. I want them home. asking for. My last quote is from the New York Shiites, Kurds, risked their lives to b 2045 help build a better Iraq. One woman Times on June 6, 1999. ‘‘I think it is lost her son and her bodyguard to as- I want them home as soon as that also important for the President to lay sassins. Another was kidnapped and fi- mission is completed, the mission we out a timetable as to how long they nally returned after a ransom was paid sent them on, and a mission that I do will be involved and when they will be for her. Still others told harrowing sto- not want extended by 1 hour or 1 withdrawn.’’ That is Governor Bush ries about the pressures brought upon minute because of what we may do asking President Clinton. Tonight we them simply because they were exer- here. are asking President Bush the same cising the kind of rights that we take Now, Mr. Speaker, I will tell you, it thing he asked President Clinton. for granted. is not a secret to anybody in this body, God, please bless our men and women Mr. Speaker, the one thing that these I am not on the best terms with the in uniform; and please, God, bless brave women told us repeatedly was President and the White House. Cer- America. this: do not leave us. Do not leave us tainly I do not get invited over there Mr. GINGREY. Mr. Speaker, I yield until we have a stable government. Do any more than my colleagues on the myself 15 seconds. not leave us like you did before in 1990 other side of the aisle because I have Mr. Speaker, I remind the gentleman after the gulf war, and do not leave us been in opposition to many of his plans from North Carolina that this resolu- until we have the security that a stable and proposals. However, I ask my tion is not an attack on any Member of government will provide. friends on the other side of the aisle to this body. This resolution is about an Let us honor this commitment. Let do this, and I beg them to do this: attack on those Islamic Fascist terror- us honor our troops. Let us be clear of Please do not let your hatred for the ists who would destroy the men and our intentions. I urge my colleagues to President of the United States get in women who are defending this country. support the rule and reject the under- the way of what I know is your basic Mr. Speaker, I yield 1 minute to the lying resolution. love for this country. gentleman from New Jersey (Mr. Ms. SLAUGHTER. Mr. Speaker, I re- Ms. SLAUGHTER. Mr. Speaker, I FRELINGHUYSEN). serve the balance of my time. yield 3 minutes to the gentleman from (Mr. FRELINGHUYSEN asked and Mr. GINGREY. Mr. Speaker, I yield 2 North Carolina (Mr. JONES). was given permission to revise and ex- minutes to the gentleman from Colo- Mr. JONES of North Carolina. Mr. tend his remarks.) rado (Mr. TANCREDO). Speaker, I thank the gentlewoman for Mr. FRELINGHUYSEN. Mr. Speaker, Mr. TANCREDO. Mr. Speaker, please yielding me this time. calling for the immediate withdrawal let us tonight think about what we Mr. Speaker, today my heart has or even a phased, detailed plan for have accomplished, not in terms of ached more than it has in 12 years in withdrawal from Iraq is a recipe for ab- what we have up in front of us, but being in the United States Congress. It solute disaster. It is the wrong message what we have accomplished so far. has ached not because of this debate, for our soldiers and marines who are Did the Members know that 47 coun- because we should be having this de- truly doing the work of freedom in Iraq tries have reestablished embassies in bate, but not at this time of day, it and Afghanistan. Iraq? Did the Members know that 3,100 should happen after the recess, but be- Frankly, I am concerned, as we all schools have been renovated? Did the cause the gentleman from Pennsyl- should be, that such talk will only em- Members know that Iraq’s higher edu- vania who I think is a great American, bolden the terrorists and demoralize cation structure consists of 20 univer- and it has hurt my heart that he has our warfighters, those who literally sities, 46 institutes or colleges, and been under attack unfairly. put their lives on the line each and four research centers, all operating? Surely anyone who has ever worn the every day. Domestic politics should not Did the Members know that 25 Iraq uniform for this Nation should be able trump our promises to the people of students departed for the United States to express themselves. And if you have Iraq and Afghanistan that we would be in January to reestablish the Fulbright not worn the uniform, you should be loyal to their aspirations for freedom, program? Did the Members know that able to express yourself. Our Armed that we would see them through the the Iraqi Navy is operational? Did the Forces are in Iraq and Afghanistan to- difficult steps of constituting new gov- Members know that the Iraqi Air Force night fighting for freedom. ernments and laying the groundwork consists of three operational squad- Let me share with Members what for free elections. rons? Did the Members know that Iraq James Webb, Secretary of Navy under Our only exit strategy from Iraq has a counterterrorist unit and a com- Ronald Reagan and Vietnam veteran, should be victory. Anything less than mando battalion? wrote me when I joined my colleagues that virtually guarantees the next bat- Did the Members know that the Iraqi on the other side and the Republican tleground may be closer to home. We police service has over 55,000 fully side in voting for the House Resolution need to support our troops, these young trained and equipped police officers? 55, bipartisan, he wrote me this letter, troops. We cannot cut their feet out Did the Members know that there are and I will read three sentences. ‘‘When from underneath them. They need our five police academies in Iraq that American citizens are being asked to support, and they need it tonight. produce over 3,500 new officers every 8 war, it is their most basic right that Ms. SLAUGHTER. Mr. Speaker, I weeks? Did the Members know that the strategic issues be explained in yield 1 minute to the gentleman from Iraq has an independent media that clearly understandable terms. And if Texas (Mr. GENE GREEN). consists of 75 radio stations, 180 news- the endpoint cannot be clearly ex- Mr. GENE GREEN of Texas. Mr. papers, 10 television stations? Did the plained, there is, in fact, no really Speaker, JACK MURTHA is a decorated Members know that two candidates in strategy.’’ Vietnam war veteran. He is a United

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11002 CONGRESSIONAL RECORD — HOUSE November 18, 2005 States Marine, retired colonel. This de- They know, see, hear and read what we are Let us debate how to finish the war, bate is not about the Iraq war, it is doing in Congress, and they are listening to us not how to continue to fight the war. about silencing the opinion of a re- today. Ms. SLAUGHTER. Mr. Speaker, I spected veteran marine and Member of What message do you want to send these yield 2 minutes to the gentleman from Congress. soldiers on the front line? California (Mr. GEORGE MILLER). I supported the Iraq war resolution A message of surrender or a message of (Mr. GEORGE MILLER of California and voted for every defense appropria- strength and support, that will bring us victory. asked and was given permission to re- tion for that effort, and I am voting Some call this vote simply symbolic or polit- vise and extend his remarks.) against this resolution. But we know ical. Mr. GEORGE MILLER of California. with each casualty from Iraq that Well, you call it what you want, but I want Mr. Speaker, a little over 24 hours ago, something is wrong. Our men and our troops overseas to read about this vote. an American military hero suggested women in uniform are fighting hero- To hear about this vote. to this country that this Congress ically, and I honor them and their fam- And I hope we can demonstrate not through should debate the policy, the current ilies for their sacrifice. just words, but our actions, that we are with policy in Iraq. He had some suggestions It is civilian leadership and this ad- them in this hour. on how that policy should be changed. ministration and the Department of We will remain with them, and supply them, He believed, as we believe him, that he Defense that did not prepare to fight and support them, until the job is done, until was doing this for the sake of our this war with either material or we are victorious, and until we can proudly troops, for the sake of our country, for enough troops. I may not totally agree bring them home and applaud their victory. security in the Middle East, and the se- with my colleague from Pennsylvania, Ms. SLAUGHTER. Mr. Speaker, I re- curity of this country. but I know him as a respected, deco- serve the balance of my time. In those 24 hours, he has come under rated war veteran and a Member of Mr. GINGREY. Mr. Speaker, I yield 1 unrelenting attack, characterizing him Congress, and he has earned that right minute to the gentleman from Ken- as an individual, as a Member of Con- to be able to give his opinion without tucky (Mr. LEWIS). gress, as to his motives, as to what he having a resolution attack him or have Mr. LEWIS of Kentucky. Mr. Speak- the Members attack him personally. proposed, as opposed to what he said he er, how do you withdraw from the war Mr. GINGREY. Mr. Speaker, I yield 1 proposed. Those attacks came from the minute to the gentleman from Nevada on terror when we have been attacked President of the United States, from over and over and over again? We were (Mr. GIBBONS). the Vice President of the United (Mr. GIBBONS asked and was given attacked at the World Trade Centers, States, from the Speaker of the House, permission to revise and extend his re- the first time by a bomb. Then our Af- and from so many Members of this marks.) rican embassies were attacked; the body who challenged his patriotism, Mr. GIBBONS. Mr. Speaker, as a vet- Khobar Towers in Saudi Arabia where challenged his character and chal- eran of two wars, I know that our mili- our young men and women were killed; lenged his integrity because he simply tary men and women fighting overseas the Cole naval vessel; and then 9/11. dared to kick open the doors of Con- watch what we do right here all the How do you tell Osama bin Laden and gress and suggest that we debate the time. They see this on TV, they hear it Zarqawi that we do not want to par- pressing question of this Nation that on the radio, and they read our words ticipate, we do not want to fool with the people of this Nation want us to de- in the newspapers. I know our brave fighting against terror? bate. Not that he would win that de- men and women want to see their The last administration tried that, bate, but that he wanted that debate to brave leaders, us, those of us in Con- and we felt the pain of death and de- take place, and that for that, all of his gress here at home, have the political struction on 9/11 from terrorist mur- years of service to this country were fortitude, yes, indeed the political derers’ hands. We have to win in Iraq. openly challenged and mis-char-acter- stomach, to support their actions By the way, we won the war in Iraq. ized and slandered. abroad. Now we are fighting with our allies in I do not know where we went wrong. Like many in this Chamber from Iraq to defeat terror. If we do not win I do not know where we went wrong be- both sides of the aisle, I have been to in Iraq, we will fail in the greater Mid- cause I went through the debates in Iraq, I have been to Afghanistan, I have dle East, and what happens if Pakistan this Congress in Vietnam and Central met with our troops there, and I have falls? What happens if Saudi Arabia America, and Mr. MURTHA and I could met with them as they have returned falls? Weapons of mass destruction in not be on more opposite sides of those home to Nevada. They know, they see, the hands of Islamic extremists will be issues. And many people I served with and they hear. They read what we are a disaster for the world. in the history of this Congress, but doing in Congress, and they listen, and Ms. SLAUGHTER. Mr. Speaker, I re- never in those debates did people assas- they are listening to us today. serve the balance of my time. sinate the character of one another. We What message do you want to send to Mr. GINGREY. Mr. Speaker, I yield 1 challenged the evidence, we challenged these soldiers on the front line, a mes- minute to the gentleman from Mary- the assumptions. We challenged what sage of surrender, or do you want to land (Mr. GILCHREST). was said, but we never ever, ever, did send a message of support, a message Mr. GILCHREST. Mr. Speaker, I this to one another because we re- that we will bring them to victory? would like to remind the Member what Some will call this vote symbolic or spected one another, having differing the focus of our attention should be: views coming from different parts of political. Well, call it what you want, David Branning, Dale Burger, Robert but I want our troops overseas to read the country with different back- Guy, Jason Mileo, Adam Mooney, about this vote, and I want them to grounds. Bryan Nicholas Spry, William Allers, know that we support them. Samuel Bowen, Jarrett Thompson, b 2100 As a veteran of two wars, I know first hand Patrick Adle, Neil Prince, and Keith Where did we go wrong? Maybe to- that our military men and women fighting for Mariotti. night Mr. MURTHA gave us another gift. our freedoms overseas watch our actions at They are the dead, Sometimes when you hit bottom, you home. change the ways you do business. They see this on TV, they hear it on radio, short days ago they lived, Maybe Mr. MURTHA gave us this. After and they read it in the newspapers. felt dawn, saw sunset glow, I know our brave men and women watch to and now they lie in Flanders Field, all that he suffered over this last 48 see whether their leaders at home have the from my district. hours, maybe this Congress will be a political fortitude, and the stomach to support What are they asking us with a sense better place, because everyone sitting their actions abroad. of urgency for the living? What are the in this Congress knows who knows Like many in this Chamber, from both sides quick and the dead asking us to do: JACK MURTHA what has been said about of the aisle, I have been to Iraq. Know more than they did. him in the last 24 hours could not be I have been to Afghanistan. Why are our troops successful in further from the truth. That man is a I have met with our troops there, and I have harm’s way? Because our troops bond hero. That man is a hero to this Na- met with them as they have returned home to together with an integration of integ- tion. You know it and the whole Nation Nevada. rity bound with trust. knows it.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11003 Mr. GINGREY. Mr. Speaker, I yield 1 a way that trivializes our consider- was in this Chamber. Everyone was minute to the gentleman from Cali- ation of how to conduct this war effort united. We had a common purpose. And fornia (Mr. ROHRABACHER). in a manner best designed to attain it was truly a great time to be here. Mr. ROHRABACHER. With all due success. As such, this resolution is be- The other night we went out and rolled respect to my friends on the other side neath the dignity and responsibility of around in the mud together for a little of the aisle, especially my friend who this institution and the Members of bit, and we were united. We had a com- just finished, this is selective memory this body. mon purpose. We wanted to have a at its worst. I can remember the very All of us have sworn to defend the great team. people now crying these crocodile tears Constitution and protect this Nation As I listen to what is going on here and the vilification that they put for- and the American people. All of us, all tonight, I am really concerned about ward on Ronald Reagan for trying to 435, support our troops. This resolution the acrimony and the general tenor of stop the Communists in Latin Amer- is unworthy of our responsibility to our the discussion. I realize that there is ica, trying to end the Cold War. He was men and women who are now serving plenty of blame to be laid at everyone’s vilified as a warmonger, et cetera, by our Nation and who are deployed in feet. I with many others am concerned the very people who now are making harm’s way. Unfortunately, today’s about what the American public per- these statements. process mirrors, I say to you, the su- ceives and what our troops perceive in Let me note JACK MURTHA. I have the perficial consideration of serious policy regard to this discussion tonight. We greatest respect for him. He is a pa- issues in this Congress and dem- can do better. We are better than this. triot. But let me thus note that how onstrates a continuing unwillingness Mr. GINGREY. Mr. Speaker, I yield 1 many times have the people who are to subject policy proposals to oversight minute to the gentleman from Georgia saying this have been down here call- and serious and thoughtful delibera- (Mr. KINGSTON). ing our President a liar and vilifying tion. Mr. KINGSTON. I thank the gen- the President of the United States. Mr. Speaker, I regret that I do not tleman for yielding. Many people have Come on. Let’s be fair to one another possess the eloquence or the vocabu- said tonight, this is not the Murtha here. The fact is there is a disagree- lary to express the magnitude of my resolution. I agree. It is not the Mur- ment on the character. Our hearts contempt with which I view this shab- tha resolution. Unfortunately, it is my break when we see in the newspaper by, petty political maneuver. Our re- friend JACK MURTHA’s headline. In fact, Al-Jazeera today was what our troops, that four or five more Americans have sponsibilities to our country and to our our constituents in Iraq woke up to lost their lives. That does not mean the men and women in harm’s way in the today saying that a leading Member of cause that they are fighting for is un- defense of freedom demands more of us. Congress has called for the immediate just. The majority leadership demonstrates withdrawal. That is what Al-Jazeera You had an opportunity tonight to today, I fear, its lack of respect for this said. That is why sometimes the media discuss that cause if you were opposed institution and for its great respon- that gets in the way injects itself and to the war. But instead what we have sibilities to our democracy. The Amer- it brings down the morale of our heard is this type of rhetoric, getting ican people will see this day’s pro- troops. That is why I am going to vote around the issue of the discussion that ceedings for what they are, the rankest ‘‘no’’ on this resolution tonight, be- we should be talking about, the war, of politics and the absence of a sense of and then, in partisan terms, trying to cause I think it is important to send shame. them another message and a very clear make it partisan saying that we are I hope that we reject this rule and message that we do not support imme- being personal. No, let’s discuss the this resolution. war, let’s discuss it honestly, and let’s diate withdrawal. Mr. GINGREY. Mr. Speaker, I yield 1 My friend, General Webster, who not obfuscate the issue. minute to the gentleman from Texas leads the Third Infantry Division over Ms. SLAUGHTER. Mr. Speaker, I (Mr. GOHMERT). yield 4 minutes to the gentleman from there, spoke very strongly about it. He Mr. GOHMERT. John Adams wrote to said, ‘‘Setting a date would mean the Maryland (Mr. HOYER), the minority Abigail back in the summer of 1776, 221 soldiers I’ve lost this year, that whip. ‘‘The thing that philosophers up to now their lives will have been lost in vain. Mr. HOYER. Mr. Speaker, the most have only dreamed about is within our profound issue that this Congress must I think it’s a recipe for disaster. Set- grasp, the concept of self-government.’’ ting a date is a loser.’’ General Webster consider is whether or not to declare And, folks, in the cradle of mankind and prosecute war, whether or not to is a soldier, not a politician. I think he there in Iraq, there is within their would appreciate tomorrow morning send our Nation’s sons and daughters grasp because of what we have done in into harm’s way. A serious proposal reading in the paper that Congress the name of liberty and destroying ter- clearly rejected an immediate with- has been made by the senior Member of rorism, it is so close. This is not about drawal. this body, a Member who honorably one Member of Congress who was a Mr. GINGREY. Mr. Speaker, I yield 1 served in the United States Marine hero in Vietnam. This is about a mes- minute to the gentleman from Ne- Corps for nearly four decades, a Mem- sage that is being sent to the world. braska (Mr. FORTENBERRY). ber who has served here for more than Right after the minority leader’s dis- (Mr. FORTENBERRY asked and was three decades, and a Member who has trict that she represents and leads told given permission to revise and extend been one of our Nation’s leaders on the world, The military is beneath us. his remarks.) making our defenses the strongest they Mamas, don’t let your babies grow up Mr. FORTENBERRY. Army Captain could be. That proposal raises legiti- to defend this Nation and the liberty. Joel Cahill was buried in Arlington mate and critical questions as to the San Francisco said no recruiters in our Cemetery today. Captain Cahill was prosecution of our Nation’s war efforts city, a terrible message. Followed by, killed in Iraq by an improvised explo- in Iraq, efforts that I have always sup- let’s get our troops out and not support sive device. He grew up near Omaha. He ported. It suggests an alternative them. leaves behind Mary his wife and their course of action that deserves serious Join with us as you did in singing a two little girls. consideration and a full and fair de- prayer, God Bless America. Let the ter- Army Specialist Darren Howe was bate. However, his proposal is not be- rorists know. We don’t want to divide laid to rest in Beatrice, Nebraska last fore us tonight. The Republican chair- you. We want to unite you with us. week. He died of wounds from an explo- man of the Armed Services Committee Ms. SLAUGHTER. Mr. Speaker, I re- sive device that hit his personnel car- offers a resolution to immediately serve the balance of my time. rier. Badly burned, Specialist Howe withdraw our troops from Iraq. I don’t Mr. GINGREY. Mr. Speaker, I yield 1 drove to safety, then helped his men support that. Mr. HUNTER does not sup- minute to the gentleman from Ne- out of the rear. He was 21 and left be- port it. He offers it to avoid serious braska (Mr. OSBORNE). hind his wife Nakia and their two small consideration of the policy our country Mr. OSBORNE. I thank the gen- children. is pursuing and proposals for possible tleman for yielding. I spoke with JoDee, Darren’s mom, in alternatives. The majority party’s re- Mr. Speaker, I remember roughly 4 what had to be some of her most dif- sponse seeks to deal with this issue in years ago after 9/11 what the feeling ficult hours following Darren’s death.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11004 CONGRESSIONAL RECORD — HOUSE November 18, 2005 She had the gentleness of spirit, humil- Mr. Speaker, the Republican Senator The yeas and nays were ordered. ity of heart and pride of her son’s work from Ohio, Robert Taft, who would be- The vote was taken by electronic de- to thank me and the Congress for the come the Republican leader of the Sen- vice, and there were—yeas 210, nays decisions that have been made, saying: ate said, ‘‘Criticism in a time of war is 202, not voting 22, as follows: We support what you are doing. Iraq is essential to the maintenance of any [Roll No. 607] a faraway land remote from the tradi- democratic government.’’ Indeed, Mr. YEAS—210 MURTHA’s courageous action to speak tions and culture of the Great Plains, Aderholt Gillmor Osborne the boyhood homes of Joel and Darren. truth to power is a great act of patriot- Akin Gingrey Otter Yet I am certain that in that isolated ism. Alexander Gohmert Oxley place where they gave their lives, these As one who has always had the inter- Bachus Goode Pearce ests of America’s men and women in Baker Goodlatte Pence men understood what was at stake. Barrett (SC) Granger Petri That they fought for something bigger uniform as his top priority, Mr. MUR- Bartlett (MD) Graves Pickering than themselves, something that tran- THA has acted as he always does: in Barton (TX) Green (WI) Pitts scends the snapshot of a political de- their interests. Let us all join him in Bass Gutknecht Platts saluting our troops for their courage, Biggert Harris Poe bate. They fought out of duty to coun- Bilirakis Hart Pombo try, they fought to defend, they fought their patriotism, and the sacrifice that Bishop (UT) Hastert Porter for the soul of the free world. they are willing to make, and thank Blackburn Hastings (WA) Price (GA) Blunt Hayes Ms. SLAUGHTER. Mr. Speaker, I am JACK MURTHA for his loyalty to them. Pryce (OH) Mr. GINGREY. Mr. Speaker, in clos- Boehlert Hayworth Putnam pleased to yield the balance of my time Boehner Hefley Radanovich to the minority leader the gentle- ing, it is important to restate for the Bonilla Hensarling Ramstad Bonner Herger ELOSI morale of our troops that this Congress Regula woman from California (Ms. P ). Bono Hobson Ms. PELOSI. Mr. Speaker, as the and this country remain resolved in Rehberg the war against terrorism. From the Boozman Hoekstra Reichert very proud representative of the city of Boustany Hulshof Renzi San Francisco in the Congress of the streets of Iraq to the mountains of Af- Bradley (NH) Hunter Reynolds United States, from northern Cali- ghanistan, America will leave no spider Brady (TX) Hyde Rogers (AL) hole, no palace, no bunker overlooked Brown (SC) Inglis (SC) Rogers (KY) fornia where we have more veterans Brown-Waite, Issa as we help freedom-loving people fight Rogers (MI) than any other part of the country per Ginny Istook Rohrabacher capita and we treat them with respect the terrorist insurgencies of Burgess Jenkins Ros-Lehtinen Burton (IN) Johnson (CT) as the gentleman from Pennsylvania is Islamofascists and protect democracy Royce Buyer Johnson (IL) Ryan (WI) worldwide. Calvert Johnson, Sam not being treated as a distinguished Ryun (KS) Our greatest loss would be to with- Cannon Keller veteran with respect here. Saxton Cantor Kelly draw our troops, thereby ceding vic- Schmidt Mr. Speaker, this is a very sad day Capito Kennedy (MN) tory to cowardly terrorists who murder Schwarz (MI) for the House of Representatives. Just Carter King (IA) Sensenbrenner and hide under the cover of shadows. Castle King (NY) when you think you have seen it all, Sessions Mr. Speaker, over 2,000 of our best Chabot Kingston the Republicans have stooped to a new Shaw Chocola Kirk and bravest have fought and sacrificed Shays low, even for them. They have engaged Coble Kline their lives in defense of democracy and Sherwood in an act of deception that undermines Cole (OK) Knollenberg Shimkus in the face of these terrorists. These in- Conaway Kolbe any shred of dignity that might be left Shuster dividuals deserve our thanks and their Crenshaw Kuhl (NY) in this Republican Congress. But decep- Simmons families need to know that they did Cubin Latham tion has been the order of the day Smith (NJ) not die in vain. Culberson LaTourette throughout the entire Iraq engage- Davis (KY) Lewis (CA) Smith (TX) Mr. Speaker, a lot of words have been Sodrel ment. Davis, Jo Ann Lewis (KY) thrown about in this Chamber tonight, Davis, Tom Linder Souder b 2115 but talk is often cheap. And while Deal (GA) LoBiondo Stearns DeLay Lucas Sullivan Mr. HUNTER’s resolution is a continu- cheap talk abounds, unfortunately, Dent Lungren, Daniel Sweeney ation of that deception. It is a political cheap talk is not bounded, it is not in- Diaz-Balart, L. E. Tancredo sulated by oceans or mountains, and Diaz-Balart, M. Mack Taylor (NC) stunt, and it should be rejected by this Terry certainly not by the media. Doolittle Manzullo House. Drake Marchant Thomas The Republican deception today is a The words of this Congress and its Dreier McCaul (TX) Thornberry disgrace. It is a disservice to our coun- Members echo out beyond this hal- Duncan McCotter Tiahrt lowed Chamber, beyond these hallowed Ehlers McCrery Tiberi try and to our men and women in uni- Turner Halls to every household and to every Emerson McHenry form. They and the American people English (PA) McHugh Upton deserve better. It is an insult to the in- foreign shore. Everett McKeon Walden (OR) Our troops are listening, Mr. Speak- Walsh tegrity of JACK MURTHA, one of the Feeney McMorris Ferguson Mica Wamp most distinguished Members to ever er. They hear those who denigrate their mission. They hear those who Fitzpatrick (PA) Miller (FL) Weldon (FL) serve in this House of Representatives. Foley Miller (MI) Weldon (PA) rely on the false pillar of semantics, As has been said, JACK MURTHA is a Forbes Murphy Weller Westmoreland decorated war veteran: two Purple seeking to divide the American people. Fortenberry Musgrave Well, Mr. Speaker, our troops are lis- Foxx Myrick Whitfield Hearts, the Bronze Star for his combat tening tonight, and while talk is cheap, Franks (AZ) Neugebauer Wicker service, the Vietnam Cross of Gal- Frelinghuysen Ney Wilson (NM) our vote is sacrosanct. So I call on my lantry, 37 years of active and reserve Garrett (NJ) Norwood Wilson (SC) colleagues on both sides of the aisle to Gerlach Nunes Wolf duty in the marines. His lifetime motto put their vote on the RECORD and put Gibbons Nussle Young (FL) has been Semper Fi; and yet our Re- the rhetoric aside. NAYS—202 publican colleagues call him a coward Mr. Speaker, I urge my colleagues to and accuse him of cooperating with the Abercrombie Brown (OH) Cramer support the rule. Let us have this de- Ackerman Brown, Corrine Crowley enemy. bate for the sake of our troops. Allen Butterfield Cuellar As a senior Democrat on the Defense Mr. Speaker, I yield back the balance Andrews Capps Cummings Appropriations Committee, he is Baca Capuano Davis (CA) of my time, and I move the previous Baird Cardin Davis (FL) known and respected for his bipartisan- question on the resolution. Baldwin Cardoza Davis (IL) ship. That is why this Republican at- The previous question was ordered. Barrow Carnahan Davis (TN) tack on him is so dishonest. The SPEAKER pro tempore (Mr. Bean Carson DeFazio Mr. MURTHA has dealt the mighty Becerra Case DeGette TERRY). The question is on the resolu- Berkley Chandler Delahunt blow of truth to the President’s failed tion. Berry Clay DeLauro Iraq policy. The American people have The question was taken; and the Bishop (GA) Cleaver Dicks rallied to JACK MURTHA’s message of Speaker pro tempore announced that Bishop (NY) Clyburn Dingell Blumenauer Conyers Doggett truth. But you cannot handle the the ayes appeared to have it. Boren Cooper Doyle truth. Why are the Republicans so Ms. SLAUGHTER. Mr. Speaker, on Boucher Costa Edwards afraid of the facts? that I demand the yeas and nays. Brady (PA) Costello Emanuel

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11005 Engel Lipinski Rothman heading ‘‘Community Development Fund’’ in S. 1785. An act to amend chapter 13 of title Eshoo Lofgren, Zoe Roybal-Allard title III of division A, strike ‘‘statement of 17, United States Code (relating to the vessel Etheridge Lowey Ruppersberger managers accompanying this Act’’ and insert hull design protection), to clarify the dis- Evans Lynch Rush ‘‘statement of managers correction relating tinction between a hull and a deck, to pro- Farr Maloney Ryan (OH) Fattah Markey Sabo to the Economic Development Initiative, vide factors for the determination of the Filner Marshall Salazar dated November 18, 2005, and submitted by protectability of a revised design, to provide Ford Matheson Sa´ nchez, Linda the Chairman of the Committee on Appro- guidance for assessments of substantial simi- Frank (MA) Matsui T. priations of the House of Representatives for larity, and for other purposes. Gilchrest McCarthy Sanchez, Loretta printing in the House section of the Congres- S. 1961. An act to extend and expand the Gonzalez McCollum (MN) Sanders sional Record on such date’’. Child Safety Pilot Program. Gordon McDermott Schakowsky S. 1989. An act to designate the facility of Green, Al McGovern Schiff f Green, Gene McIntyre the United States Postal Service located at Schwartz (PA) GENERAL LEAVE 57 Rolfe Square in Cranston, Rhode Island, Grijalva McKinney Scott (GA) Gutierrez McNulty Scott (VA) Mr. GINGREY. Mr. Speaker, I ask shall be known and designated as the ‘‘Holly Harman Meehan Serrano A. Charette Post Office’’. Hastings (FL) Meek (FL) unanimous consent that all Members Sherman Herseth Meeks (NY) may have 5 legislative days within The message also announced that the Simpson Higgins Melancon Senate agrees to that report of the Skelton which to revise and extend their re- Hinchey Menendez Slaughter marks and include extraneous material committee of conference on the dis- Hinojosa Michaud Holden Millender- Smith (WA) on H. Res. 572. agreeing votes of the two Houses on Holt McDonald Snyder The SPEAKER pro tempore. Is there the amendments of the Senate to the Honda Miller (NC) Solis bill (H.R. 2528) ‘‘An Act making appro- Spratt objection to the request of the gen- Hooley Miller, George priations for military quality of life Hostettler Mollohan Stark tleman from Georgia? Hoyer Moore (KS) Strickland There was no objection. functions of the Department of De- Stupak Inslee Moore (WI) f fense, military construction, the De- Israel Moran (VA) Tanner partment of Veterans Affairs, and re- Jackson (IL) Murtha Tauscher FURTHER MESSAGE FROM THE Taylor (MS) lated agencies for the fiscal year end- Jackson-Lee Nadler SENATE (TX) Napolitano Thompson (CA) ing September 30, 2006, and for other Jefferson Neal (MA) Thompson (MS) A further message from the Senate purposes.’’. Johnson, E. B. Oberstar Tierney by Ms. Curtis, one of its clerks, an- Jones (NC) Obey Udall (CO) f nounced that the Senate has passed Jones (OH) Olver Udall (NM) EXPRESSING SENSE OF HOUSE Kanjorski Ortiz Van Hollen bills of the House and a concurrent res- Kaptur Owens Vela´ zquez olution of the following titles: THAT DEPLOYMENT OF FORCES Kennedy (RI) Pallone Visclosky IN IRAQ BE TERMINATED IMME- H.R. 680. An act to direct the Secretary of Kildee Pascrell Wasserman DIATELY Kilpatrick (MI) Pastor Schultz Interior to convey certain land held in trust Kucinich Payne Waters for the Paiute Indian Tribe of Utah to the Mr. HYDE. Mr. Speaker, pursuant to Langevin Pelosi Watson City of Richfield, Utah, and for other pur- the rule, I call up the resolution (H. Lantos Peterson (MN) Watt poses. Larsen (WA) Pomeroy Waxman Res. 571) expressing the sense of the H.R. 2062. An act to designate the facility House of Representatives that the de- Larson (CT) Price (NC) Weiner of the United States Postal Service located Leach Rahall Wexler at 57 West Street in Newville, Pennsylvania, ployment of United States forces in Lee Rangel Woolsey Iraq be terminated immediately, and Levin Reyes Wu as the ‘‘Randall D. Shughart Post Office Lewis (GA) Ross Wynn Building’’. ask for its immediate consideration in H.R. 2183. An act to designate the facility the House. NOT VOTING—22 of the United States Postal Service located The Clerk read the title of the resolu- Beauprez Fossella Northup at 567 Tompkins Avenue in Staten Island, tion. Berman Gallegly Paul New York, as the ‘‘Vincent Palladino Post Boswell Hall The text of the resolution is as fol- Peterson (PA) Office’’. Boyd Jindal lows: Shadegg H.R. 3853. An act to designate the facility Camp Kind Towns of the United States Postal Service located H. RES. 571 Cunningham LaHood Young (AK) Davis (AL) Miller, Gary at 208 South Main Street in Parkdale, Ar- Resolved, That it is the sense of the House Flake Moran (KS) kansas, as the Willie Vaughn Post Office. of Representatives that the deployment of ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE H.R. 4145. An act to direct the Joint Com- United States forces in Iraq be terminated The SPEAKER pro tempore (Mr. mittee on the Library to obtain a statue of immediately. Rosa Parks and to place the statue in the TERRY). Members are advised there are The SPEAKER pro tempore. Pursu- United States Capitol in National Statuary ant to House Resolution 572, the gen- 2 minutes left in this vote. Hall, and for other purposes. tleman from Illinois (Mr. HYDE) and b 2150 H. Con. Res. 208. Concurrent resolution rec- ognizing the 50th anniversary of Rosa Louise the gentleman from California (Mr. Mr. SIMMONS, Mrs. MUSGRAVE, Parks’ refusal to give up her seat on the bus LANTOS) each will control 30 minutes. and Mr. JOHNSON of Illinois changed and the subsequent desegregation of Amer- The Chair recognizes the gentleman their vote from ‘‘nay’’ to ‘‘yea.’’ ican society. from Illinois (Mr. HYDE). So the resolution was agreed to. The message also announced that the Mr. HYDE. Mr. Speaker, I yield my- The result of the vote was announced Senate passed a bill of the House with self such time as I may consume. as above recorded. On October 15 of this year, 63 percent A motion to reconsider was laid on an amendment of the following title: of Iraq’s eligible voters stood in the the table. H.R. 358. An act to require the Secretary of The SPEAKER pro tempore. Pursu- the Treasury to mint coins in commemora- suffocating heat for hours risking their ant to House Resolution 572, House tion of the 50th anniversary of the desegrega- lives to suicide bombers and guns. And tion of the Little Rock Central High School Concurrent Resolution 308 is adopted. why? Because they dared to vote. in Little Rock, Arkansas, and for other pur- Do we honor their bravery by aban- The text of the concurrent resolution poses. is as follows: doning them? The message also announced that the H. CON. RES. 308 Nobody wants war. War has been Senate has passed bills of the following Resolved by the House of Representatives (the truly described as hell. But at the same Senate concurring), That, in the enrollment of titles in which concurrence of the time, things are worth fighting for and the bill (H.R. 3058) making appropriations for House is requested. even dying for. And among those the Departments of Transportation, Treas- S. 1047. An act to require the Secretary of things is precious freedom. Our own ury, and Housing and Urban Development, the Treasury to mint coins in commemora- freedom was born in the crucible of a 9- the Judiciary, District of Columbia, and tion of each of the Nation’s past Presidents year war to the sounds of muskets well independent agencies for the fiscal year end- and their spouses, respectively, to improve described as the ‘‘shots heard round the circulation of the $1 coin, to create a new ing September 30, 2006, and for other pur- world.’’ poses, the Clerk of the House of Representa- bullion coin, and for other purposes. tives shall make the following correction: S. 1462. An act to promote peace and ac- We can argue endlessly about the In the second paragraph (relating to the countability in Sudan, and for other pur- wisdom of getting into this war, but Economic Development Initiative) under the poses. there should be no argument about how

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11006 CONGRESSIONAL RECORD — HOUSE November 18, 2005 this war should end. The consequences This is not the finest moment of the and I did not support setting artificial of our retreat have not been discussed House of Representatives. We have all dates to remove our troops from Bos- here tonight, but they deserve consid- sat through interminable debates on nia, Somalia, Kosovo, East Timor, eration. inconsequential issues, but tonight we Macedonia and all the other times that This debate has been a report card on are talking about war and peace. we have deployed our troops. JACK MURTHA, and I give him an A-plus Fifteen years ago when we debated In fact, even when we were told back as a truly great American. But among the first gulf war, every single Member in 1997, the year after we entered Bos- his many fine qualities, infallibility is of this body got 5 minutes to present nia, that our troops would be home by not one. And on Iraq I prefer my coun- his views. This time we are getting less Christmas, I did not rise to bring them try not to retreat, not to run to the than 8 seconds. What we are debating is home. We were told in Christmas of high grass. not a serious proposal, but a cheap po- 1998 they would be home and Christmas I prefer the counsel of JOHN MCCAIN litical ploy beneath the dignity of this of 1999. The fact is we still have troops who said last week, ‘‘If we leave Iraq body. in the Balkans. They have been there prematurely, the jihadists will inter- 10 years, even though it was not part of pret the withdrawal as their great vic- b 2200 the original plan. tory against our great power. Osama The subject of the war in Iraq de- Mr. Speaker, all of us support our bin Laden and his followers believe serves serious and thoughtful discus- troops, but I want to tell my col- that America is weak, unwilling to suf- sion and debate, and we are surely not leagues, in my 19 years I learned a les- fer casualties in battle. They drew this having it tonight. There is no Member son of supporting the troops from the lesson from Lebanon in the 1980s and of this House for whom I have more re- gentleman from Pennsylvania. He took Somalia in the 1990s, and today they spect and affection than the gentleman me under his wing when I came here as have their sights set squarely on Iraq.’’ from Pennsylvania, the epitome of pa- a freshman 19 years ago. I have trav- The recently released letter from triotism, not of the oratorical type, eled with him around the world. I have Ayman al-Zawahiri, bin Laden’s lieu- but patriotism on the field of battle. seen his personal dedication to the men tenant, to Abu Musab al-Zarqawi, Mr. Speaker, I ask unanimous con- and women who serve. draws out the implications. sent to yield to the gentleman from Now, there are many others in this The Zawahiri letter is predicated on Pennsylvania (Mr. MURTHA) the bal- body on both sides of the aisle that we the assumption that the United States ance of the time for him to control. can say the same thing about, but I will leave Iraq and that al Qaeda’s real The SPEAKER pro tempore (Mr. want to stand up as a Representative game begins as soon as we abandon the TERRY). Is there objection to the re- from the other side of Pennsylvania country. quest of the gentleman from Cali- and tell the story of JACK MURTHA who In his missive, Zawahiri lays out a fornia? epitomizes what our military’s all four-stage plan: establish a caliphate in There was no objection. about. I wish I could say I have been to Iraq, extend the ‘‘jihad wave’’ to the Mr. HUNTER. Mr. Speaker, I yield Landstuhl, a medical facility in Ger- secular countries neighboring Iraq, myself such time as I may consume. many, as many times as JACK MURTHA clash with Israel, none of which shall Mr. Speaker, I think what we are has been there. commence until the completion of doing tonight is sending a very valu- I wish I could say that weekly I stage one: expel the Americans from able message. It is not necessarily a would go over to Walter Reed Hospital Iraq. message to diplomats or to the Presi- and meet with the troops as JACK MUR- Zawahiri observes that the collapse dent or even to our adversaries; al- THA has done week after week after of American power in Vietnam ‘‘and though I am sure that they will read week. I wish I could say I have gone and how they ran and left their agents,’’ about it. But it is a message to that held the hands of the wives and the suggests that ‘‘we must be ready start- specialist in Tikrit, to that lance cor- children of the sailors at Bethesda as ing now.’’ poral in Fallujah, to that sergeant in We cannot let them start, now or JACK MURTHA has done. Baghdad who feels by looking at the Mr. Speaker, I wish I could say that ever. mass of press over the last several days I have done all that, but I cannot. JACK We must stay in Iraq until the gov- that somehow we are slipping away ernment there has a fully functioning MURTHA is one of a kind. He is an ex- from our warfighters. ample for all of us in this body, and security apparatus that can keep We have an opportunity to do some- Zarqawi and his terrorists at bay and none of us should ever think of ques- thing tonight by very simply voting tioning his motives, his desires or sup- ultimately defeat them. ‘‘no’’ on this question of whether we I prefer the counsel of another war port for our American troops. should leave Iraq immediately to at hero, my personal hero, the gentleman Mr. Speaker, I also want to say I least cut through that ambiguity, to at from Texas (Mr. SAM JOHNSON), who have been here 19 years. I have been least cut through that confusion, and stands with the President, the Iraqi here with Republican and Democrat you know, words mean something. people, and freedom fighters every- Presidents. Yes, JACK MURTHA’s been Wars have been started because we said where. there. He stood up when Bill Clinton Mr. Speaker, I ask unanimous con- the wrong words. Confusion is not tried to cut the funding for our troops, sent to yield the balance of my time to something that is good to sow among and he stood with us on some very the gentleman from California (Mr. your enemy or your friends. tough votes. He stood up with us on the In this case, even those who may feel HUNTER) for purposes of control. tough policy questions. He was with us The SPEAKER pro tempore. Is there that somehow the troops are not con- on missile defense. He was with us objection to the request of the gen- fused by this mixed message that is when others in his party would not be tleman from Illinois? coming out of the United States must with us on defense and security issues. There was no objection. agree that it is right now to send that On some very tough leadership spots Mr. LANTOS. Mr. Speaker, I yield specialist in Tikrit or that lance cor- JACK MURTHA was there, and for the 5 myself such time as I may consume. poral in Fallujah or that sergeant in years that President Bush has been Mr. Speaker, I rise in strong opposi- Baghdad a clear and convincing ‘‘no’’ President, I cannot count on my hands tion to this resolution and in defense of vote on the question of whether we the number of times JACK MURTHA has a military hero of this Nation, our dis- leave Iraq immediately. stood with our President in supporting tinguished colleague, the gentleman Mr. Speaker, I yield 3 minutes to the our troops in supporting more money, from Pennsylvania (Mr. MURTHA). gentleman from Pennsylvania (Mr. in supporting the policies that give us In a few moments I will ask unani- WELDON). the kind of capability that we need. mous consent to yield to the gen- (Mr. WELDON of Pennsylvania asked Mr. Speaker, we are in a sad state tleman from Pennsylvania (Mr. MUR- and was given permission to revise and today. We are in a tough time with our THA) the balance of the time on the extend his remarks.) troops. They are wondering what is Democratic side, but I would like to Mr. WELDON of Pennsylvania. Mr. going on back here. It is not about put this debate in its proper frame- Speaker, I rise to oppose this resolu- JACK MURTHA trying to undermine any- work. tion. I have been in this body 19 years, one, just as I and others would not

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11007 have tried to do that in the other 40 de- Congress to prosecute U.S. military ac- The one Marine commander said, I do ployments in the 19 years that I have tion in Iraq and Afghanistan; not have troops to put on the border, been here, but it is wrong, Mr. Speaker, ‘‘Whereas, as of the drafting of this the Syrian border. Now, why did they that a gentleman with the reputation resolution, 2,079 U.S. troops have been not have enough troops? Because of the and leadership of JACK MURTHA should killed in Operation Iraqi Freedom; deployment, because of the small num- have to wait 5 months to get a response ‘‘Whereas U.S. forces become the tar- ber of people that are serving in our to a letter expressing his concerns to get of the insurgency; Armed Forces today. the administration. That is not right. ‘‘Whereas, according to recent polls, We told them, the Armed Services So, Mr. Speaker, I would hope we over 80 percent of the Iraqi people want Committee, under DUNCAN HUNTER’s would all come together, and I would the U.S. forces out of Iraq; leadership, said you can take 30,000 hope that our Commander in Chief ‘‘Whereas polls also indicate that 45 more people. They cannot recruit to would invite the good gentleman from percent,’’ this is a British poll, but the that. They have fallen 10,000 short; and Pennsylvania down to the White House Defense Department support this Brit- not only have they fallen 10,000 short, to have a discussion about how we can ish poll or confirm this British poll, ‘‘of they are now taking 20 percent cat- move forward together to support the the Iraqi people feel that the attacks egory 4s, which they said in the vol- troops and win the day in Iraq and Af- on U.S. forces are justified.’’ untary Army would never happen. ghanistan. Hear what I am saying. Forty-five The war’s not going as advertised. Mr. MURTHA. Mr. Speaker, I yield percent of the Iraqi people feel it is jus- The American public is way ahead of myself such time as I may consume. tified to attack Americans. us. If you heard the World War II vet- Somebody walked by not long ago, ‘‘Whereas, due to the foregoing, Con- erans, if you heard the Vietnam vet- and they said, I do not have to go to gress finds it evident that continuing erans, the wives and the widows on the your funeral because I paid my dues U.S. military action in Iraq is not in phone crying to my staff and myself today with all these people giving the best interests of the United States when I am talking to them, if you these accolades. of America, the people of Iraq, or the heard them reaching out and asking for I have to tell you this story. When Persian Gulf Region, which were cited a policy, a bipartisan policy. When I in- you start getting all these accolades, in Public Law 107–243 as justification troduced this resolution, I did not in- you think you are a big shot. I remem- for undertaking such action.’’ troduce this as a partisan resolution. ber one time President Carter asked I did not say anything about intel- I go by Arlington Cemetery every me to go to the seventh game of the ligence. I did not say anything about day, and the Vice President, he criti- World Series with him. Tip O’Neill and the President. All these statements cizes Democrats. Let me tell you, those I went down, and there were only 4 of that have been made vilifying me gravestones do not say Democrat or us and 15 Secret Service people in the today did not say anything like that. Republican. They say American, and ‘‘Therefore be it resolved by the Sen- plane. DICK CHENEY’s a good friend of mine. We got in this helicopter and, of ate and House of Representatives of the He was a good Secretary of Defense. course, flew over all these other people United States of America in Congress Our military is suffering. The future going to the ballgame. Well, Carter was assembled, that the deployment of of our country is at risk. We cannot not the most pleasant guy to be with. United States forces in Iraq, by direc- continue on the present course. It is He wanted to talk all business, and Tip tion of Congress, is hereby terminated evident that continued military action O’Neill wanted to talk nothing but and the forces involved are to be rede- in Iraq is not in the best interests of baseball. ployed at the earliest practicable date. the United States of America, the Iraqi So we get about halfway there, and it ‘‘Section 2. A quick-reaction U.S. people and the Persian Gulf region. is not a very long trip to Baltimore. force and an over-the-horizon presence That is my opinion. Tip finally got him warmed up. We of U.S. Marines shall be deployed in the General Casey said in a September land, and we only land a block away region. 2005 hearing, the perception of occupa- from the stadium, but we had to have ‘‘The United States of America shall tion in Iraq is a major driving force be- an armored car drive us in. So the pursue security and stability in Iraq hind the insurgency. Hear what I am President said, you sit in the middle through diplomacy.’’ saying. General Abizaid said on the That is what I said. I have never had there, Murtha, and Tip sat on the left same date, reducing the size of visi- in the 32 years that I have been in Con- side, and the President sat on the right bility of the coalition forces in Iraq is gress such an outpouring from this side. Some guy yelled out some ob- part of our counterinsurgency strat- country, four to one in my office. You scenities. He said, My God, they must egy. cannot even call my office if you tried, have recognized Murtha in the car. For 21⁄2 years I have been concerned Let me say, this resolution today is an outpouring of people crying. People about our policy and the plan in Iraq. I not what I envisioned, not what I intro- are thirsting for some direction. They have addressed my concerns to the ad- duced, and let me read what I intro- are thirsting for a solution to this ministration and the Pentagon. duced on November 17. problem. They want to support the ‘‘Whereas Congress and the American President. I want to support the Presi- b 2215 people have not been shown clear, dent. Everybody does. I have spoken out in public about my measurable progress toward establish- We put into place in the Appropria- concerns in going to war. ment of stable and improving security tions Committee a criteria for success A few days before the start of the in Iraq or of a stable and improving because we were so unhappy. This was war, I was in Kuwait. They drew a red economy in Iraq, both of which are es- in May. The gentleman from Florida line around Baghdad; and they said sential to ‘promote the emergence of a (Mr. YOUNG) and I put a criteria for when the American forces cross the red democratic government’; success in the bill, it was a Moran line, they will attack us with weapons ‘‘Whereas additional stabilization in amendment, because we were not of mass destruction, meaning biologi- Iraq by U.S. military forces cannot be happy with the results. Nobody was cal and chemical weapons. I believed achieved without the deployment of talking to us. Nobody would tell us that. They believed it. The military hundreds of thousands of additional what was going on, and we felt it was commanders believed it. And when U.S. troops, which in turn cannot be absolutely necessary that we put this they went in, though, they felt they achieved without a military draft.’’ into writing. had sufficient protective gear that they Now, let me say this. There were two I went to Iraq about 2 months ago, could overcome it. The heat would dis- of us who voted for a military draft, so and I talked to the commanders, and sipate some of the gas and so forth, and I do not think that is an option. When all of you know the commanders are it would be no problem for our forces, you go to the high schools, they say, very hesitant to say anything that is they felt. They even thought they had you are for a draft. I said, yes, but not in the policy of the White House, cell phones monitored so they could there is not too many of us, and I do and I agree, that is the way it is run by tell that it was there. It turned out not not think you have to worry about it. the civilians. That is the way it should to be true. ‘‘Whereas more than $277 billion has be, but I could tell how discouraged the Let me tell the Members this: BILL been appropriated by the United States commanders were. YOUNG and I have been on the Defense

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00097 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11008 CONGRESSIONAL RECORD — HOUSE November 18, 2005 Subcommittee for 25 years. We spend not know what the threat is, but I will notice: the United States will imme- more money on intelligence than all tell you it takes 18 years to get a weap- diately redeploy. All of Iraq must know the countries in the world put together ons system out there, and we had bet- that Iraq is free, free from United and more on intelligence than most ter well get those systems put together States occupation. I believe this will countries’ GDP. But the intelligence now. We had better start them right send a signal to the Sunnis to join the concerning Iraq was wrong. It is not a now because we do not have them. political process for a good and free world intelligence failure. It is a U.S. They have a system right now they are Iraq. intelligence failure. thinking of cutting back. The Euro- Mr. Speaker, I reserve the balance of I have been visiting our wounded peans invested a lot of money in it. Bil- my time. troops at Bethesda, and only two peo- lions of dollars have been invested in Mr. HUNTER. Mr. Speaker, I thank ple, I think, visit any more than I do, this weapon system, JSF. If they cut the gentleman for his comments. and that is BILL YOUNG’s wife and BILL back the buy, the cost to increase, the Mr. Speaker, I yield 6 minutes to the YOUNG. They go there as often as I do, Europeans will cut back on their buy, gentleman from Florida (Mr. YOUNG), and Beverly goes more often. and it will skyrocket the price; and we chairman of the Defense Appropria- Now, let me tell the Members what will have to reduce the number of air- tions Subcommittee, the gentleman demoralizes the troops. Going to war planes that we buy. We must rebuild who spends so much of his time with with not enough troops and equipment our Army. our Nation’s wounded. to make the transition to peace, the Our deficit is growing out of control. Mr. YOUNG of Florida. Mr. Speaker, devastation caused by IEDs, being de- The Director of the Congressional Americans can sleep well tonight be- ployed to Iraq when their homes have Budget Office recently admitted to cause our soldiers are out there on the been ravaged by hurricanes, being being ‘‘terrified’’ about the budget def- front line against terror making sure under second and third deployment and icit in the coming decades. This is the that we can do that. And we owe them leaving their families behind without a first prolonged war we have fought a lot. We owe them our thanks. We owe network of support. with 3 years of tax cuts, without full them our appreciation. We owe them The threat posed by terrorism is real, mobilization of American industry, and the necessary equipment to carry out but we have other threats that cannot without a draft. The burden of war has their mission, to protect themselves be ignored. We must be prepared to not been shared equally, and the mili- while they are doing that, and we owe meet all these threats. The future of tary and their families are shouldering them our support. And it is important our military is at risk. Our military this burden. that we let them know without any and their families are stretched thin. A Our military has been fighting a war doubt that we support them, that this very small percentage of people in this in Iraq for over 21⁄2 years. Our military Congress supports them. And that is country are serving this country at has accomplished its mission and done why, in case there is any confusion this stage in this war. Many say the its duty. Our military captured Sad- about how we would like Members to Army is broken. Some of our troops are dam Hussein, captured or killed his vote on this resolution tonight, we on their third deployment. Recruit- closest associates. But the war con- want them to vote ‘‘no.’’ This is not a ment is down. Defense budgets are tinues to intensify. And you know the good resolution. being cut, $5 billion this year, $5 billion deaths and you know they estimate Incidentally, in case the Members cut from the defense budget; and the that not only do we have 15,500 that have not noticed, JACK MURTHA spent chairman and I are concerned they are have been wounded, but we have 50,000 more time tonight speaking on the going to cut another percentage point, that we think may suffer from what I floor than he has in the last 20 years which is $4 billion more, from the de- call battle fatigue. combined presenting the appropria- fense budget. I just recently visited Anbar Prov- tions bills. Personnel costs are skyrocketing, ince, as I said, and I became convinced JACK and I have been friends for a particularly in health care. And that we had to take some action. I be- long time, as he suggested, and we have choices have to be made. We cannot came convinced that I needed to say worked together. He was my chairman allow a promise that we have made to something about what was going on. I for a long time. I have been his chair- our military families in terms of serv- needed to introduce a resolution which man for a long time. We work together ice benefits, in terms of their health would bring this to a head so we could for the best interest of our Nation and care to be negotiated away. Procure- come to a bipartisan resolution to fight for those who protect our Nation. And ment programs that ensure our mili- this war together, to show our troops he has received many accolades tonight tary dominance cannot be negotiated how we support them, and that resolu- and properly so. away. We must be prepared. tion calls for a redeployment of our Chairman HUNTER, the chairman of The war in Iraq has caused huge troops. I said over a year ago now, the the Armed Services Committee, also shortfalls in our bases in the United military and the administration agree, deserves accolades. He was willing to States. I visited four bases, four South- Iraq cannot be won militarily. offer this resolution, which we all are ern bases, premier bases. Every one of We can say it here in these air condi- going to vote against, I hope. Chairman them was short, short radios, short tioned offices, but let me tell you HUNTER was an airborne soldier in mortars, short ammunition even. Our something. It cannot be won militarily. Vietnam, and he led a platoon of Rang- troops were C–4, which means the low- It has got to be won politically, and we ers in Vietnam. Chairman HUNTER de- est state of readiness, because they did have to turn it over to the Iraqis and serves an awful lot of thanks and ap- not have the equipment to train right give them the incentive to take back preciation for the work that he did before they are deployed to Iraq. And their own country. then and the work that he is doing to- much of our ground equipment is worn Our troops have become the primary night here on the floor. out and in need of serious overhaul. target of the insurgency. They are Mr. Speaker, this is not about JACK I have said to all these CEOs that united against U.S. forces. We have be- MURTHA tonight, and it is not about come to see me, Folks, do not think come the catalyst for violence. U.S. DUNCAN HUNTER. This is about 296 of us about procurement. We about bought, troops are the common enemy of the who voted to support the President what, five or six ships this year, some- Sunnis, the Saddamists, and the for- going into Iraq to fight terror, to fight thing like that. They said they are eign jihadists. I believe with U.S. troop Saddam Hussein and his vicious ar- going to build 12 next year. Do not be- redeployment, the Iraqi security forces mies. Once you have committed to a lieve that. But I will tell the Members will be incentivized to take control. A war or to a battle, it is like some other one thing we have to do is rehabilitate poll recently conducted shows 80 per- things in life, once you are committed, this equipment. A $50 billion bill, in my cent of the Iraqis oppose the presence you are committed, like it or not. And estimation, and I do not know where of coalition troops. I believe we need to we got committed when we voted to the money is going to come from. turn Iraq over to the Iraqis. I believe send troops to Iraq. George Washington said: ‘‘To be pre- the Iraqi election scheduled for mid- Now, how do you get out of a com- pared for war is one of the most effec- December, the Iraqi people in the mitment like that? Well, you can win. tive means of preserving peace.’’ I do emerging government must be put on That is the preferred way. Or you can

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11009 lose. We do not like that. You could re- the Readiness Subcommittee and does speaking out about this disastrous war treat, or you could surrender. I do not so much for the quality of life for our and its aftermath on U.S. troops. think we like either one of those two. troops. Though we are now living in Wash- Or there is another way: we could ne- Mr. HEFLEY. Mr. Speaker, we have ington, D.C., on the Walter Reed cam- gotiate our way out. But in a case of just heard from two giants of this pus, we are originally from your 12th global terrorists, whom do you nego- body, men that we are all very, very District in Pennsylvania. tiate with? They hide. They sneak. proud of. If we had any sense, we would ‘‘Congressman Murtha actually Would you negotiate with Osama bin all sit down right now and take the pinned my husband’s Purple Heart. We Laden, Saddam Hussein, Al-Zarqawi? vote; and I will give up my time if ev- are so proud that he was the man to Whom do you negotiate with? You do erybody else will give up theirs, and we honor my husband for what he did in not have anybody to negotiate with be- will vote. I am told no, that is not Iraq. It may serve Mr. Murtha more to cause they are pure and simple terror- going to work. remind him that my husband is the 24- ists. So let me try to be brief. Both of year-old guardsman who lost part of a Mr. Speaker, there are many things these gentlemen expressed the con- leg in a suicide car bomb attack in that have been said tonight on both flicting views in a most sincere way, April of this year. sides of the aisle that are very impor- and I think we respect both of them. ‘‘We were shocked and overjoyed that tant. There has been a little bit of spin But, Mr. Speaker, I do rise today in Murtha spoke out against the Bush ad- here and there, but that is not unusual opposition to H. Res. 571. I want us to ministration’s handling of the war. Un- for a legislative body like this. But, withdraw the moment the job is done, like what many say is a blow to troop Mr. Speaker, there is no place, when we and that is what our troops are telling morale by questioning the war, his are dealing with the security of our Na- us, too. They want to stay there until frank call for attention to the subject tion and the security of the American it is done. That is what most of the brought nods and applause from the in- people, there is no place for politics on Iraqi people tell us, do not leave us jured soldiers at Walter Reed’s until it is done. either side. Mologne House. It is the first that my Mr. Speaker, there are some out So tonight, Mr. Speaker, we need to husband and I feel that a politician has there insisting that the mission on Iraq send a strong message to our troops truly stuck up for the soldiers most has been a failure, and our presence in and to their families. For those fami- personally affected by the war in Iraq.’’ Iraq has not been properly run, and we We send the soldiers to the war. We lies who are dealing with the loss of a are not winning the peace. Frankly, I are the ones that make that decision. loved one, for those families who are do not think that is true, and it only We also have to speak out when we do dealing with a seriously wounded sol- serves to lower the morale of the men not think the war is going in the right dier or marine who might be at Walter and women fighting in Iraq while en- direction. Reed Hospital or at Bethesda Hospital couraging the terrorists who hate Mr. Speaker, I reserve the balance of or at Landsthul in Germany, we need America. to let them know that we are here to The fact is those who assert that the my time. support them. Iraq policy is failing frankly fail to Mr. HUNTER. Mr. Speaker, I yield 2 In a few short days when we will be recognize the many successes that have minutes to the gentleman from Con- back to legislative business, there is occurred on a daily basis over there. necticut (Mr. SIMMONS), who served another issue that we have to deal What we are talking about is fighting multiple tours in Vietnam. with, and I am going to take advantage terror and liberating a people. Look at Mr. SIMMONS. Mr. Speaker, I rise in of this extra minute to tell the Mem- just the political successes. They have opposition to the resolution. I am bers what it is. Somebody in the Pen- had two elections, and those two elec- proud to be a Vietnam veteran. I am tagon has ruled that if JACK MURTHA tions, most of those people had never proud to have spent almost 4 years in and I go to hospital with my wife, Bev- voted in a free election in their entire that country with the U.S. Army and erly, which we do on occasion, and she lives. On October 15, they adopted a the Central Intelligence Agency, but I makes us empty our wallets to help a Constitution. They did not know what was not proud when Members of Con- family that is struggling to meet their a Constitution was, and 78 percent of gress, Members of this body, criticized expenses, some regulation at the Pen- the voters backed the charter of the us in the course of that war publicly tagon says that is illegal, that is brib- Constitution. back here at home. Their critical com- ery. What can I bribe a wounded soldier We are making enormous progress to- ments were demoralizing and undercut to do? He has already done everything ward liberty and democracy for the our efforts. It encouraged our enemy, that he can do for me. So we need to Iraqi people, and by extension the peo- and it placed us at risk. change that. ple of the Middle East. I say thank you, At some point in the 1970s, our na- tional will broke down, we cut and ran. b 2230 troops, for what you are doing. We love you, and we are going to be with you We left our friends behind, my col- So we need to change that. Chairman until the job is done. leagues, my counterparts. And we HUNTER and I and Mr. MURTHA and I Mr. MURTHA. Mr. Speaker, I yield abandoned Southeast Asia to unprece- have worked together with our coun- myself such time as I may consume. dented slaughter and destruction. terparts in the Senate, and we intend Normally the soldiers cannot speak Now 30 years later I find myself on to fix this on the first legislative or ap- for themselves. I do not believe we are this same floor talking about the ‘‘im- propriations bills we have access to. So making the progress that is articulated mediate redeployment’’ of our troops that is what this is about tonight, to in many cases. Everything I see, oil from a foreign battlefield where they let our soldiers win this war against production is below prewar level; elec- are fully engaged in a difficult and dan- terror not only in Iraq, but in Afghani- tricity production is below prewar gerous mission. stan and anywhere else that terrorists level; incidents have increased from 150 More than anyone else, this Vietnam raise their ugly heads. This is not lim- a week to 770 a week in Iraq. veteran wants to see our troops come ited to Iraq. Iraq is one of the major But let me read a letter from a young home safely, successfully and soon. But battlefields. Afghanistan is one of the soldier at Walter Reed. Everybody says now is not the time for immediate major battlefields. when you go to Walter Reed, they all withdrawal. Now is the time to support My friends, we are in it for the long want to go right back, and they usually our troops and the values they fight haul against the threat of terrorism, do not complain. Let me read this let- for. and it is important that we prevail and ter. Mr. MURTHA. Mr. Speaker, I yield support those on the front line against ‘‘I am sure you are extremely busy myself such time as I may consume. terror and vote ‘‘no’’ tonight on this today with the announcement of your Let me read another letter. resolution that does not do any of what support for the withdrawal of troops ‘‘We are Gold Star parents. Our son I just said. from Iraq. We have been trying unsuc- was killed October 18, 2003, south of Mr. HUNTER. Mr. Speaker, I yield cessfully to reach you by phone. Kirkuk with the 173rd Airborne Bri- 21⁄4 minutes to the gentleman from Col- ‘‘My husband is an injured Iraq sol- gade. You and I talked for about 90 orado (Mr. HEFLEY), the chairman of dier who so highly commends you for minutes on the phone in early 2004. I

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00099 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11010 CONGRESSIONAL RECORD — HOUSE November 18, 2005 have spent the better part of 2 years when our men and women are faced Mr. BUYER. Mr. MURTHA, I apologize lobbying for improved body armor.’’ with something very similar. to you. I know you have a resolution. Do Members remember, we sent the We should be here tonight talking of That is what I was referring to. I recog- troops to war without body armor? We our strategy of victory, defined by our nize we are debating Hunter, and I found the body armor. We found the perseverance to an enduring freedom apologize to you, Mr. MURTHA. shortage and up-armored the Humvees. throughout the world. To discuss with- Mr. MURTHA. Let me read another Congress found it, and we put the drawal from Iraq tonight before our letter. money in the bill. mission is complete is the wrong strat- ‘‘In 2004, my youngest son graduated ‘‘We believe the best way to support egy at the wrong time. Why? Because from college and was already enrolled the troops is through a responsible and freedom is on the move. in the Marines. He was ready to help well-thought-out foreign policy.’’ We, the people of the United States, our country and others in whatever Not stay the course, but a thought we are a great Nation with a great vi- was asked of him. It was with great out, and this is from a woman whose sion. We seek to preserve the blessings distress that we have watched the ad- son was killed. of liberty for our citizens and for all ministration mishandle this war. There ‘‘We do not have that policy today in those around the world who recognize was no plan.’’ Iraq. By staying in Iraq, we have be- the God-given right of freedom. What the gentleman from Indiana come occupiers instead of liberators.’’ Today our Nation is truly engaged in said about World War II, there was a And 80 percent of the Iraqis think that. an epic struggle for freedom in Iraq. plan. There was a plan when we went ‘‘Today we are called un-American Whether you believe how we got there into Normandy. We landed 150,000 peo- because we are obligated to disagree is true, the struggle among us is evi- ple in 24 hours. There is the conception with the President. We want better for dent here tonight. What we do not at home that there is no plan. I hear our son’s comrades. It is our obligation want is what Mr. HYDE referred to as this over and over again. That is why to stand up and be counted to support our enemies to take advantage of our there was such an outpouring when I the troops, to speak for those that are weaknesses. The painful lessons, offered a plan, when people called me not free to speak for themselves, to use whether it was Vietnam or Lebanon or and said they wanted a plan. their bravery and sacrifice wisely. You, Somalia, North Korea, Iran, al Qaeda, ‘‘It was with great distress that we sir, are a man of our heart. God knows they watch, and it is part of what they have watched the administration mis- why the rest of the Democratic Party want to do to envelope our weakness. handle this war. There was no plan, no is not rallying around you, but we are. You see, Clausewitz had it right. He push to go in and win the war in total. Even as we stand alone, it is the right said, The use of our military force is Mission Accomplished was a joke, and thing to do. Our support is unequivocal the instrumentality of a political deci- even we the uniformed knew then that for you on matter in this dangerous sion. We then expect our military to it was a misnomer. Losing Colin Powell and lonely time.’’ act on the field of battle with great from the administration was a deep Mr. HUNTER. Mr. Speaker, I yield 3 valor, courage and commitment. You blow to us. We respected his honor and minutes to the gentleman from Indiana see, they are an extension of us. And in his professionalism. His soldier inside. (Mr. BUYER), chairman of the Veterans’ return, our soldiers ask what of us? Our son has had one deployment to Affairs Committee, and who is a colo- Loyalty. And they expect us to have Iraq. He came home safely this time, nel in the Army Reserve and a Gulf the very same resolve that we expect of and awaits his second deployment in War veteran. them; that in battle, they look at us July. Congressman MURTHA, we are a Mr. BUYER. Mr. Speaker, I have and say, when it gets hard, when it gets patriotic family, but I cannot abide by great respect for Mr. MURTHA and Mr. tough, can you hang with us, Congress? sending my son back into a war where HUNTER. And I am uncomfortable when That is a very pertinent question for a there is no goal, no plan, and a war Mr. MURTHA talks about one political soldier to ask of us. being planned by Donald Rumsfeld and party rallying round something. I do So I respect Mr. MURTHA, but this is Vice President CHENEY. We would feel not want Republicans or Democrats the wrong time for your resolution, sir. differently if we felt our son was being rallying around anything. You moved PARLIAMENTARY INQUIRY used in the proper manner, and for a me when I was in my office and you Mr. LANTOS. Mr. Speaker, par- valiant effort. But we feel that they talked about going to Arlington. All of liamentary inquiry. are clay pigeons in a carnival, just us have been there; all of us have been The SPEAKER pro tempore (Mr. waiting for the next suicide bomber or to our Nation’s cemeteries and seen the TERRY). The gentleman may state his IED. My husband and I did not feel this white crosses and Stars of David. parliamentary inquiry. way 6 months ago. We thought the ad- The gentleman from South Carolina Mr. LANTOS. Do I understand, Mr. ministration had realized their inad- (Mr. BROWN) and I were privileged to Speaker, that we are debating Mr. equacy and were making changes, and represent our country this past May, MURTHA’s resolution or Mr. HUNTER’s that we should stay the course. That and I am sure Mr. MURTHA has been resolution? has not happened. Things continue in there, standing on the cliffs of Nor- The SPEAKER pro tempore. Pending disarray. This is not the best use of our mandy at Omaha. We gave the Memo- is House Resolution 571. military, nor respectful of the values rial Day address representing our Na- Mr. LANTOS. The previous speaker and ideals of the servicemen and tion. I was there with my 20-year-old referred to Mr. MURTHA’s resolution. women within it. We support your son, and I could feel the envy of souls That is not before the House. views and we feel that there is a need because I thought about what their The SPEAKER pro tempore. That is for change.’’ last thoughts may have been. And then a matter for debate—a matter that That is what I am saying. We need to as I strained among these thousands of may be addressed by debate. change direction in Iraq. graves, if I permitted the eyes of my Mr. HUNTER. Mr. Speaker, I yield 1 mind to have a vision I could actually b 2245 minute to the gentleman from Ken- see, if I permitted the ears of my heart Mr. LANTOS. Mr. Speaker, I have a tucky (Mr. DAVIS) who served as an to listen, I could hear. further parliamentary inquiry. Army officer in the U.S. Airborne. And what did they say? They said, The SPEAKER pro tempore. Please Mr. DAVIS of Kentucky. Mr. Speak- What we did on this day was worthy. state your parliamentary inquiry. er, I would point out first that the You see, they came to a continent to Mr. LANTOS. We on this side of the childish shouting from many who have free it from tyranny on that day. They House are under the impression that not served dishonor those who serve on came to a land where they had never we are debating the Hunter resolution. the front lines with quiet resolve at been to fight for a people they had Please correct us if we are wrong. this time while we have a necessary de- never met. Does that not yet sound fa- The SPEAKER pro tempore. The gen- bate on this war. miliar? tleman is correct and he may make I am here to represent some folks And we speak of the sacrifice of what that point by debate. who cannot speak because they are we refer to as the greatest generation. Mr. MURTHA. I yield to the gen- serving on the front lines right now. I How are we now yet defining ourselves tleman from Indiana (Mr. BUYER). received a phone call in the well of the

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11011 House this evening from one of the The first encounter with the casual- give him one of mine. I was going to go commanders of America’s premier ties in this war, I had two young wid- out on Thursday, the commandant counterterrorism organization. He ows come to my office. They wanted to went out on Wednesday and he got his shared with me his great dismay at go to Walter Reed because they had Purple Heart. Our troops have become much of the rhetoric that had ema- lost their husband and they wanted to the enemy. nated from this body today, making talk to the soldiers and tell them how Folks, it is easy to sit here in your them the pawns in a political battle lucky they were that they were still air-conditioned offices and say, send over what they clearly see as they are alive. One was 23 with two children. them into battle. It is easy to sit here making success on the front lines. One was 19 without any children. I in the Capitol of the United States and Please, your shouting and your rhet- thought how proud I was of them. An- say, stay the course. But when there is oric sends echoes to our enemies as other young man from my district was not a plan, when the families write to well as to our soldiers and our friends. blinded and lost his foot. They did ev- me and say there is not a plan, when It is honest to have a debate, my erything they could do for him in Wal- they don’t understand, when they be- friends, but when I am asked on the ter Reed. And then he went home and lieve that Captain Fishback came to floor of this house, why are you doing his father was in jail. His mother had see me, he says, You’re complicit with to us what was done to so many vet- not seen him. There was no one at the administration in torture, Congress erans here by Members of this body home and he was by himself. The VA is, because you’re looking the other during Vietnam, when I am told re- has done everything they could to help way. I said, We didn’t know a thing peatedly of their successes, my friends him. They sent him to Johns Hopkins about it. who I served with over nearly 30 years to see if there is a possibility for him And one of the things that turned the ago and who are serving now on the to see and found out that he could not Iraqis against us was the tragedy that front lines commanding the units, lead- see. And then they started sending happened at Abu Ghraib. Because we in ing the units and who are serving as bills. Collection agencies sent him Congress are charged with sending our junior enlisted soldiers, hundreds of bills. Imagine. He is by himself in his sons and daughters into battle, it is our soldiers whose opinions fly in the face own home and a collection agency from responsibility, our obligation to speak of the rhetoric shared tonight. Johns Hopkins sends him a bill. Obvi- out for them and that is why I am Mr. MURTHA. Mr. Speaker, I reserve ously we straightened it out, but that speaking out. the balance of my time. is the kind of thing that happens when Mr. Speaker, I yield back the balance Mr. HUNTER. Mr. Speaker, I yield you forget about the veteran. of my time. 11⁄2 minutes to the gentleman from Ari- I had a soldier that lost both legs and Mr. HUNTER. Mr. Speaker, in a few zona (Mr. HAYWORTH). an arm. Bill has seen the young fellow minutes we are going to send a mes- (Mr. HAYWORTH asked and was from Micronesia. We visited a mental sage to our troops. And for our last given permission to revise and extend health ward. You know what they said speaker, we have a gentleman who his remarks.) to me? Fifty thousand of them are knows a lot about freedom. He knows a Mr. HAYWORTH. Mr. Speaker, my going to have some kind of battle fa- lot about a lack of freedom. He knows colleagues, here we are in America’s tigue. They said that we don’t get Pur- a lot about American resolve and some- House, having a debate that is alto- ple Hearts. We don’t get any recogni- times the lack of American resolve. He gether appropriate, because as our tion at all. We get shunned aside as if has been awarded two Silver Stars, two founders stated the goal, it was to form we were cowards. Legions of Merit, the Distinguished a more perfect union. And because we A young woman from Notre Dame Flying Cross, the Bronze Star with are human beings, there is always a lost her arm and she was worried about valor, two Purple Hearts, four air med- gulf between the real and the ideal. her husband losing weight. She was the als and three outstanding unit awards. This is not a personal debate to be per- one that lost her arm. It makes me so He is one of our real heroes, SAM JOHN- sonalized about the gentleman from proud. A Seabee was lying in intensive SON of Texas. Pennsylvania. He offered a point of care with his three children and his Mr. SAM JOHNSON of Texas. Thank view yesterday. Whatever his intent, mother and his wife in tears because he you, Mr. HUNTER. You are a great man here is how it was reported. The Wash- was paralyzed from the neck down. yourself. ington Post called it immediate with- This young Marine, his father had been Mr. Speaker, I rise today on behalf of drawal. The New York Times called it a Marine. His father was there. His fa- the American men and women in uni- immediate withdrawal. More omi- ther was rubbing his hand. He says, form and their families. I did spend 29 nously and sadly, Al-Jazeera called it please get my son’s brother home. He years in the Air Force, and I served in immediate withdrawal. wants to see his brother. I called the Korea and Vietnam and spent 7 years The problem is this, ladies and gen- Marine Corps. The Marine Corps said, as a POW in Vietnam and more than tlemen, as has been articulated. An- he doesn’t want to come home. So I half of that in solitary confinement. I other e-mail, my colleagues: went back and told his father. He said, know what it is like to be far from ‘‘I am a U.S. Army captain currently please get him home. So I told the Ma- home, serving your country, risking serving in Iraq and I am shocked and rine Corps and they got him home. I your life, hearing that America doesn’t appalled by Representative Murtha’s said, you get him out of that country care about you as happened in Viet- call for immediate withdrawal. Please, blank-blank right now, and they did. nam. please, please convince your colleagues Another Marine lost both his hands, b 2300 to let us finish this critical job.’’ blinded. I went to the hospital. After I That is what is at stake. Vote ‘‘no’’ talked to him, I said how proud, as I do Your Congress does not care about on immediate withdrawal. to all of them, how proud I was of you. Your Congress just cut off all the Mr. HUNTER. Let me ask, Mr. them. Is there anything you can do for funding for your war. They are packing Speaker, we have the right to close on them, I said? He said, yeah, get him a up, going home, and leaving you here. this side? Purple Heart. Why wouldn’t he get a When I was a POW, I was scared to The SPEAKER pro tempore (Mr. Purple Heart? Because he was demobi- death when our Congress talked about TERRY). Yes. lizing from the friendly bomblets that pulling the plug that I would be left Mr. HUNTER. We have got only one had been dropped and hadn’t exploded, there forever. I know what it does to speaker left, so I would ask my col- thousands of them. Finally one of them morale, I know what it does to the mis- league from Pennsylvania to close on blew up, blew his hands off and killed sion, and so help me God, I will never, his side if he could. the guy behind him and blinded him. ever let our Nation make that mistake Mr. MURTHA. Who has the right to The Marine Corps said, we have regula- again. close? tions about Purple Hearts. It was Our men and women in uniform need The SPEAKER pro tempore. The gen- friendly fire so he can’t get a Purple our full support. They need to know tleman from California has the right to Heart. that when they are in Iraq driving from close. I told the commandant, If you don’t Camp Blue Diamond to Camp Victory Mr. MURTHA. This is his resolution. give him the Purple Heart, I’m going to that the Congress is behind them, to

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00101 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11012 CONGRESSIONAL RECORD — HOUSE November 18, 2005 give them the best armored trucks gion, the world? Al Qaeda rules with From the beginning, this war has been con- they can drive, the best weapons they death, fear, terror, and blood. Al Qaeda ducted without oversight. Democrats have re- can fire, and the best ammunition they takes innocent people hostage, and peatedly asked for substantive hearings on the can use. They need to have full faith then beheads them, and then brags war in Iraq. In addition, we have requested in- that a few nay-sayers in Washington about it on the Internet. Al Qaeda has vestigations on the misuse of intelligence by will not cut and run and leave them no respect for human life. They prey on the Bush administration. War is too important high and dry. They need to know these innocent people to do their dirty work, of an issue to politicize the lives of our sol- things because that is mandatory for because they know we do not target diers. Despite Democrats request for hearings mission success and troop morale. schools and hospitals and mosques; yet on torture, contract fraud, and the leak of con- America, and the Congress, must those are the exact places they run for fidential national security information. stand behind our men and women in cover. It goes without saying that the war in Iraq is uniform because they stand up for us Al Qaeda will kidnap loved ones, es- not going as advertised. Our troops have be- every minute of every day. pecially very young children, of people come the primary target of the insurgency. Any talk, even so much as a murmur, trying to build democracy, to scare They are united against U.S. forces and we of leaving now just emboldens the them out of helping the country. They have become a catalyst for violence. U.S. enemy and weakens the resolve of our are taking kids hostage because par- troops are the common enemy of the Sunnis, troops in the field. That is dangerous. ents want a new life and a better life Saddamists and foreign jihadists. I believe If you do not believe me, check out al for their children. with U.S. troop redeployment, the Iraq security Jazeera. The withdrawal story is on the The SPEAKER pro tempore (Mr. forces will be incentivized to take control. A front page. We cannot do that to our TERRY). The gentleman’s time has ex- poll recently conducted shows that over 80 fellow Americans over there. pired. percent of Iraqis are strongly opposed to the Mr. Speaker, we are making great Mr. HUNTER. Mr. Speaker, I ask presence of coalition troops, about 45 percent progress in Iraq. Remember in January unanimous consent that the gentleman of the Iraqi population believe attacks against how we saw pictures from Iraq of that from Texas (Mr. SAM JOHNSON) be al- American troops are justified. I believe we first election. For weeks, the media lowed to have 3 more minutes. need to turn Iraq over to the Iraqis. I believe predicted gloom and doom. Remember The SPEAKER pro tempore. Is there before the Iraqi elections, scheduled for mid that? What did we see? We watched objection to the request of the gen- December, the Iraqi people and the emerging people as they waited in line for hours, tleman from California? government must be put on notice that the defying death threats just to cast their There was no objection. United States will immediately redeploy. All of vote for democracy. The SPEAKER pro tempore. The gen- Iraq must know that Iraq is free. Free from Remember the picture of the woman tleman from Texas (Mr. JOHNSON) is United States occupation. I believe this will in the black hair cover flashing her recognized for 3 additional minutes. send a signal to the Sunnis to join the political purple finger in the ‘‘V’’ after voting in Mr. SAM JOHNSON of Texas. Mr. process for the good of a ‘‘free’’ Iraq. the first Iraqi elections? It was a Speaker, I ask, What part of al Qaeda The U.S. needs to vacate Iraq both to splin- breakthrough for democracy, and it do you want operating here in Amer- ter the insurgent factions that have united was just the beginning. ica? Al Qaeda is a worldwide organiza- against us and to create incentives for the Remember the recent vote on the ref- tion and a worldwide threat. I do not Iraqis to take on their own security. Not sur- erendum when people came out in want any part of this. Americans do prising is the fact that the American people droves to make their voices heard? You not want, need, or deserve al Qaeda. have realized this for months. It is just now would not have known about it because Our troops are over in Iraq fighting not that some Democrats and Republicans alike there was so little mention of it in our just for our freedom and protection, are beginning to express grave concerns press, but the people got out there and but the freedom of the world. about the need for a course change in Iraq. they voted and they showed their sup- We must fight the bad guys over With the administration so unwilling to recon- port for democracy, a new government, there, not over here. We must support sider its disastrous policies in Iraq, it was only hope, and a future. our troops to the hilt so they do not go a matter of time that Congress would begin to These people are thirsting for some- to bed at night covered in talcum-pow- assert itself. Sadly, in the past week the Presi- thing more. They are risking their der-thin white sand wondering, Does dent and the Vice President have restored to lives in the name of a new government, America really support me? questioning people’s patriotism to hide their and we must stay the course if we want In case people have forgotten, this is own mistakes. The administration has no idea to foster a stable Iraq and create hope the same thing that happened in Viet- as to how to proceed in Iraq and they are for millions in the Middle East. nam. Peaceniks and people in Congress, wrong to use these ‘‘McCarthy-type’’ tactics. Our work is paying off, not just at and America, started saying bad things I strongly support the Murtha Resolution. H.J. Res. 73 gives Americans a moment to the ballot box. Remember when we about what was going on in Vietnam, pause so we can seriously discuss the future were waking up that Sunday morning and it did a terrible thing to troop mo- of America and our troops. This is what a de- in shock as we caught Saddam Hussein rale. mocracy stands for. In addition, H.J. Res 73 cowering in a rathole? He is gone. And I just pray that our troops and their calls for the: families can block this noise out and you know what? At least 46 of Hus- Immediate redeployment of U.S. troops con- sein’s 55 most-wanted regime members know that we will all fight like mad to sistent with the safety of U.S. forces, creation are either dead or incarcerated. Na- make sure our troops have everything of a quick reaction force in the region, creation tionwide, thousands and thousands of they need for as long as they need it to of an over-the-horizon presence of marines, police officers have been hired, and win the global war on terrorism. diplomatic pursuit of security and stability in nearly 200,000 Iraqi soldiers are trained Withdrawal is not an option. To our Iraq. and serving their country. It is going men and women in uniform, I simply Let me close by saying that the Republican to take time, but our guys on the say, God bless you. I salute you. All of cover-up Congress has refused to exercise its ground are working with other nations America salutes our troops. oversight responsibilities to protect our troops, to make inroads to create leadership Ms. JACKSON-LEE of Texas. Mr. Speaker, the American taxpayers and our national secu- and inspire democracy in a country I stand today in support of H.J. Res. 73, To rity H. Res. 571 is not a serious response to that has only known hate, fear, and Redeploy U.S. Forces from Iraq. However, I the serious question of saving the lives of our death from a ruler. must also speak to and oppose the cynical soldiers. It is time to get serious and support However, sadly, some here want to resolution offered by Mr. HUNTER. Mr. Mr. MURTHA’s proposal now for disengage- embolden the enemy by saying we just HUNTER’s resolution calling for an immediate ment in Iraq. cut and run. That is just irresponsible withdrawal from Iraq is a political stunt and an Ms. MCKINNEY. Mr. Speaker, the Repub- and unconscionable. outrageous politicization of a serious proposal licans in this House have done a heinous I have to ask, what would Iraq be offered by Congressman JACK MURTHA, a re- thing: they have insulted one of the deans of like if the United States pulled out, al- spected leader in the Congress. Mr. HUNTER’s this House in an unthinkable and unconscion- lowing dangerous people like the head resolution shows great disrespect to someone able way. of al Qaeda, Zarqawi, to run the coun- of Mr. MURTHA’s stature and is a discredit to They took his words and contorted them; try? What would that mean for the re- his years of service. they took his heartfelt sentiments and spun

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00102 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11013 them. They took his resolution and deformed damage’’ from U.S. forces. The accuracy of I have too many dead soldiers in my district; it: in a cheap effort to silence dissent in the the 100,000 can and should be debated. Yet too many from my home state. Too many House of Representatives. our media, while quick to cover attacks on ci- homeless veterans on our streets and in our The Republicans should be roundly criti- vilians by insurgent forces in Iraq, have given neighborhoods. cized for this reprehensible act. They have us a blackout on Iraqi civilian deaths at the America has sacrificed too many young sol- perpetrated a fraud on the House of Rep- hands of U.S. combat forces. diers’ lives, too many young soldiers’ mangled resentatives just as they have defrauded the Yet let us remember that the United States bodies, to the Bush war machine. American people. and its allies imposed a severe policy of sanc- I will not vote to give one more soldier to By twisting the issue around, the Repub- tions on the people of Iraq from 1990 to 2003. the George W. Bush/DICK CHENEY war ma- licans are trying to set a trap for the Demo- UNICEF and World Health Organization stud- chine. I will not give one more dollar for a war crats. A ‘‘no’’ vote for this Resolution will ob- ies based on infant mortality studies showed a riddled with conspicuous profiteering. scure the fact that there is strong support for 500,000 increase in mortality of Iraqi children Tonight I speak as one who has at times withdrawal of U.S. forces from Iraq. I am vot- under 5 over trends that existed before sanc- been the only Member of this Body at antiwar ing ‘‘yes’’ on this Resolution for an orderly tions. From this, it was widely assumed that demonstrations calling for withdrawal. And I withdrawal of U.S. forces from Iraq despite the over 1 million Iraqi deaths for all age groups won’t stop calling for withdrawal. convoluted motives behind the Republican could be attributed to sanctions between 1990 I was opposed to this war before there was Resolution. I am voting to support our troops and 1998. And not only were there 5 more a war; I was opposed to the war during the by bringing them home now in an orderly with- years of sanctions before the invasion, but the war; and I am opposed to this war now—even drawal. war since the invasion caused most aid though it’s supposed to be over. Sadly, If we call for an end to the occupa- groups to leave Iraq. So for areas not touched A vote on war is the single most important tion, some say that we have no love for the by reconstruction efforts, the humanitarian sit- vote we can make in this House. I understand Iraqi people, that we would abandon them to uation has deteriorated further. How many the feelings of my colleagues on both sides of tyrants and thugs. more Iraqi lives have been lost through hunger the aisle who might be severely conflicted by Let us consider some history. The Repub- and deprivation since the occupation? the decision we have to make here tonight. licans make great hay about Saddam Hus- And what kind of an occupier have we But the facts of U.S. occupation of Iraq are sein’s use of chemical weapons against the been? We have all seen the photos of victims also very clear. The occupation is headed Iranians and the Kurds. But when that attack of U.S. torture in Abu Ghraib prison. That’s down a dead end because so long as U.S. was made in 1988, it was Democrats who where Saddam used to send his political en- combat forces patrol Iraq, there will be an Iraqi moved a resolution to condemn those attacks, emies to be tortured, and now many Iraqis insurgency against it. and the Reagan White House quashed the bill quietly, cautiously ask: ‘‘So what has I urge that we pursue an orderly withdrawal in the Senate, because at that time the Re- changed?’’ from Iraq and pursue, along with our allies, a publicans considered Saddam one of our own. A recent video documentary confirms that diplomatic solution to the situation in Iraq, sup- So in 1988, who abandoned the Iraqi people U.S. forces used white phosphorous against porting the aspirations of the Iraqi people to tyrants and thugs? civilian neighborhoods in the U.S. attack on through support for democratic processes. In voting for this bill, let me be perfectly Fallujah. Civilians and insurgents were burned Mr. SHAYS. Mr. Speaker, there is concern clear that I am not saying the United States alive by these weapons. We also now know on the floor tonight about the way in which this should exit Iraq without a plan. I agree with that U.S. forces have used MK77, a napalm- resolution was brought up. The gentleman Mr. MURTHA that security and stability in Iraq like incendiary weapon, even though napalm from Pennsylvania, Mr. MURTHA, is one of the should be pursued through diplomacy. I simply has been outlawed by the United Nations. finest members of this body and has given his want to vote yes to an orderly withdrawal from With the images of tortured detainees, and heart to our nation and his wisdom to this Iraq. And let me explain why. the images of Iraqi civilians burned alive by Congress. But underlying concerns about the Prior to its invasion, Iraq had not one (not U.S. incendiary weapons now circulating the process tonight, is the critically important issue one!) instance of suicide attacks in its history. globe, our reputation on the world stage has regarding the future of U.S. involvement in Research shows a 100 percent correlation be- been severely damaged. Iraq. The United States’ commitment to a sta- tween suicide attacks and the presence of for- If America wants to win the hearts and ble and democratic Iraq is essential for the fu- eign combat troops in a host country. And ex- minds of the Iraqi people, we as a people ture of the region, for the larger war on ter- perience also shows that suicide attacks abate must be willing to face the pain and death and rorism and for the Iraqi people. when foreign occupation troops are withdrawn. suffering we have brought to the Iraqi people In my ten trips to Iraq, four times outside the The U.S. invasion and occupation has desta- with bombs, sanctions and occupation, even if umbrella of the military, I’ve had the oppor- bilized Iraq and Iraq will only return to stability we believe our actions were driven by the tunity to speak with hundreds of Iraqis and once this occupation ends. most altruistic of reasons. We must acknowl- can tell you with some certainty about their We must be willing to face the fact that the edge our role in enforcing the policy of sanc- greatest fear . . . It is not the suicide bombs presence of U.S. combat troops is itself a tions for 12 years after the extensive 1991 and other terrorist attacks brought against major inspiration to the forces attacking our bombing in which we bombed infrastructure their countrymen. It is the concern that the troops. Moreover, we must be willing to ac- targets in direct violation of the Geneva Con- United States, which has helped give them a knowledge that the forces attacking our troops ventions. taste of freedom and democracy, will leave are able to recruit suicide attackers because We must also be ready to face the fact that them before they are ready to fend for them- suicide attacks are largely motivated by re- the United States once provided support for selves. venge for the loss of loved ones. And Iraqis the tyrant we deposed in the name of liber- Tonight we have the opportunity to proclaim, have lost so many loved ones as a result of ating the Iraqi people. These are events that ‘‘We will not leave you.’’ When I hear the crit- America’s two wars against Iraq. our soldiers are too young to remember. I be- ics on this floor or in the news media say our In 1996, Secretary of State Madeleine lieve our young men and women in uniform policy is a disaster, that we are in a mess in Albright said on CBS that the lives of 500,000 are very sincere in their belief that their sac- Iraq, I think of the transfer of power in June children dead from sanctions were ‘‘worth the rifice is made in the name of helping the Iraqi 2004, the election in January 2005, the ref- price’’ of containing Saddam Hussein. When people. But it is not they who set the policy. erendum this past October and what I believe pressed to defend this reprehensible position They take orders from the Commander-in- will be a huge success in December with the she went on to explain that she did not want Chief and the Congress. It is we who bear the election of a permanent Iraqi government. I U.S. Troops to have to fight the Gulf War responsibility of weighing our decisions in a am in awe of what the Iraqis have accom- again. Nor did I. But what happened? We historical context, and it is we who must con- plished in such a short period of time. fought a second Gulf War. And now over sider the gravest decision of whether or not to Regretfully, the administration has done a 2,000 American soldiers lie dead. And I expect go to war based upon the history, the facts, very poor job explaining to the American peo- the voices of concern for Iraqi civilian casual- and the truth. ple why we are there and when and how we ties, whose deaths the Pentagon likes to Sadly, however, our country is at war in Iraq intend to leave, but this does not mean we brush aside as ‘‘collateral damage’’ are too based on a lie told to the American people. don’t have an exit strategy. We have a strat- few, indeed. A report from Johns Hopkins sug- The entire war was based premised on a egy but regretfully it has had to be amended gests that over 100,000 civilians have died in sales pitch—that Iraq had weapons of mass more than once. Iraq since the March 2003 invasion, most of destruction menacing the United States—that The United States’ strategy is to assist the them violent deaths and most as ‘‘collateral turned out to be a lie. Iraqis in creating a secure environment so

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00103 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11014 CONGRESSIONAL RECORD — HOUSE November 18, 2005 they can develop their new democratic gov- The key at this point is to recognize the book on suicide bombers, Dying to Win, the ernment with a competent police, border patrol WMD threat proved not to be a compelling ra- principal reason anarchists choose to wrap and army to defend that government. Amer- tionalization for the war and emphasize in- themselves in explosives and kill innocent ci- ican forces will be reduced when enough Iraqi stead the moral and philosophical case for vilians is to register martyred objection to the security forces can take our place and their overturning a repressive and cruel regime and occupation of countries or territories by the new government is fully functioning. replacing it with a constitutional democracy. armed forces of Western or other Democratic Haven’t we learned from the 1983 bombing This latter emphasis need not suggest or governments. Suicide bombing, by implication, of the marine barracks in Beirut that if we imply that all repressive regimes are fair game will exist as long as occupations continue. leave without finishing the job those that wish for intervention, nor that regime change is the In this regard, a note about Al Qaeda is in us harm will come at us again? principal American way, nor that other ration- order. Just as neither Iraq with its secular Didn’t we learn any lessons from the attacks ales for intervention don’t exist. But it is the leanings nor any Iraqis were responsible for 9/ against our military personnel in Saudi Arabia case for intervention that shows the most con- 11, so Saddam Hussein apparently considered and our diplomats in Africa and our sailors on cern for the Iraqi people as they look both to Osama Bin Laden as much a rival as a soul the USS Cole? And didn’t we learn that the their past and to the new challenges of Al brother. It is Western military intervention that Islamist extremists would come at us again Qaeda. has precipitated Al Qaeda’s rapid growth in when they attacked the Twin Towers, the Pen- Accordingly, in today’s circumstances, my Iraq and elsewhere, creating a ‘‘cause cele- tagon and attempted to attack our Capitol on advice, as one who voted against authorizing bre’’ for its singularly malevolent actions. If September 11, 2001 ? military intervention in Iraq, is for the Adminis- American withdrawal policy comes to turn on Yes they will be back again and again and tration to emphasize its commentment to de- the question of anarchy—i.e., troops can’t be again. mocracy, not as a rationale for continuing the drawn down as long as suicide bombers con- If we leave Iraq without completing our mis- war, but as the reason for disengagement. tinue to wreak havoc—we place ourselves in sion, what type of message will this send to Let me amplify. a catch 22 and, in effect, hand over decision- the people who need our help? To them and All Americans, however wary they may be making discretion to those who wantonly kill. the rest of the world the message will be clear of the political judgments that have to date We allow the radical few to use our presence . . . if you put up a strong enough resistance, been made, should concur that the world is as the reason for their actions and at the the United States will eventually tire of its ef- better off without Saddam Hussein and that it same time cause our involvement to be held forts and leave before its mission is accom- is positive that a dictatorial regime is being re- hostage to their villainy. The irony is that as plished. placed with a democratically elected govern- JOHN MCCAIN was correct when he asked conflicted as the Iraqi police and army appear ment. The cost of the undertaking may have the same questions during debate of the De- to be, we are fast reaching a stage where the been too high and the results counter-produc- fense Authorization bill: ‘‘Are these the mes- anarchists may be more credibly dealth with tive in many ways, but before the international sages we wish to send? Do we wish to re- by Iraqis themselves, particularly if the prin- situation worsens further, the administration spond to the millions who braved bombs and cipal rationale for violence—i.e., the American threats to vote, who have put their faith and would be wise, perhaps noting with pride the presence—disappears. trust in American and the Iraqi Government, elections to be held under a constitution this Hence, the case for a change in strategy is that our number one priority is now bringing December, to announce that a new sovereign compelling, not as the resolution under consid- our people home?’’ circumstance allows for comprehensive troop eration tonight envisions, but in an orderly Mr. Speaker, although some may feel other- drawdowns next year. The more definitive and manner, protecting our troops, our values and wise, this is a serious debate about a serious forthright the plan the better, but announcing a the gains we have helped make for the Iraqi issue. I strongly urge all members to vote precise time table is less important than mak- people. against this resolution and against the pre- ing a firm commitment to leave, with articula- Sometimes it is as difficult to know when to mature withdrawal of our troops from Iraq. tion of a clear rationale for so doing. If we end as it is when to start a war. In this context Mr. LEACH. Mr. Speaker, today’s debate don’t get out of Iraq at a time of our own I am hard pressed to believe anything except should not be about the character of the gen- choosing and on our own terms, we will even- that a mistake of historical proportions will tleman from Pennsylvania, Mr. MURTHA, tually be asked to leave, possibly ignomin- occur if the administration fails to recognize whose service to his country is above re- iously, by the Iraqi government, or be seen as the opportunity presented by next month’s proach. It should also not be about a resolu- forced to leave because of terrorist acts, which elections to effectively bring our involvement in tion introduced by one member ascribing it to can be expected to continue as long as we this war to a close. It may be true as the Sec- the position of another. It should be about the maintain a military presence in the heart of the retary of State told the Senate several weeks profoundness of the dilemma we face in our Muslim world. The key is that we must control ago, that democratic elections alone don’t cre- Iraqi policy. and be seen as controlling our own fate. ate a viable government. But the assertion of All wars evoke analogies to prior conflicts. All Americans should be respectful of the the Secretary, however valid, should not be Vietnam is on everyone’s mind. My sense is sacrifices of our men and women in uniform. used as a rationale for an unending American that references to our Southeast Asian experi- They have been placed in an untenable situa- occupation. ence are somewhat oblique, but important to tion. If they had not been so heroic and in It is possible, of course that civil strife will ponder. Of particular relevance is the advice many cases so helpful in rebuilding neighbor- ensue when we withdraw, but this is just as of a former Vermont Senator, George Aiken, hoods and schools, the U.S. would face a far likely to be the case in 2026 as 2006. In any who suggested we just declare victory and get more difficult dilemma today. regard, civil union is for the Iraqi people to out of Vietnam. Aiken’s advice was rooted in But we have no choice except to assess manage. It’s not for American troops to sus- frustration, but wise as it was, represented whether Osama Bin Laden and his movement tain. The authorization this Congress gave to more spin than reality. Given the strategies in have not been given added momentum by our the Executive to use force contemplated the play, victory wasn’t close at hand. intervention in Iraq, and whether the ideologi- clear prospect of military intervention in Iraq. It For may Americans, including me, the war cally advocated policy of establishing long- did not, however, contemplate prolonged oc- in Iraq has been difficult to justify. But all term bases or one of returning our troops cupation. If this is not understood by the Exec- Americans, except perhaps a few who may be home is likely to be the more effective strategy utive branch, the current overwhelming Iraqi partisanly vindictive, should want as positive a in prevailing in the world-wide war on terror. polling sentiment favoring American troop result as possible, given the circumstances we Here, it should not be hard to understand withdrawal will be more than matched by now face. The decision to go to war may have that prolonged occupation of a country which shared American sentiment. In a democracy been misguided and strategies involved in encompasses an area of land where one of no one can be a leader without followers. conducting it mistake-ridden; nonetheless the world’s oldest civilizations prospered is The issue is no longer, as is so frequently there should be clarity of purpose in ending humiliating to a proud people and those else- asserted, the need ‘‘to stay the course;’’ it is the conflict, with the goal neither to cut and where who share its great religion. It should to avoid ‘‘overstaying’’ our presence. run, nor simply to cut losses. At this junction also not be hard to understand that the neo- Mrs. WILSON of New Mexico. Mr. Speaker, of involvement we should define cogently our con strategy of establishing a long-term mili- just last month, the Iraqi people, including purposes and by so doing create a basis both tary presence in Iraq with semi-permanent large numbers of Sunni Iraqis, voted in a ref- for a viable future for Iraq and for a U.S. dis- bases raises the risk of retaliatory terrorist at- erendum on their Constitution. The Iraqi peo- engagement that respects the sacrifices of tacks at home and abroad. ple are choosing to participate in the political those who have served so valiantly in our Indeed, according to the University of Chi- process that can eventually undermine support armed forces and those of our coalition allies. cago scholar, Robert Pape, in his definitive for the indigenous insurgency in Iraq.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00104 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11015 The next step in building Iraq’s political fu- the level of debate in the House of Represent- to be a man of honor and integrity and I am ture is elections in December under this new, atives and an insult to a colleague of ours who sure he is sincere in his belief that there is not completely Iraqi Constitution. Broad participa- has dedicated his career in the House to im- more to accomplish and we must immediately tion in these elections will continue to build po- proving our national defense and supporting withdraw our troops. I could not disagree more litical momentum for a new self-governing Iraq American soldiers, sailors and Air Force per- with his assessment. at peace with its neighbors. sonnel. No one in this body can or should We must stay in Iraq to finish the job and While the political process moves forward, challenge the patriotism of Congressman JACK leave with honor. To cut and run now and the United States and its allies must continue MURTHA, who is a decorated veteran who leave with our tail between our legs would to train Iraqi police and security forces so that spent 37 years in the United States Marine send the message to terrorists around the week by week, month by month, more neigh- Corps and whose experience in uniform has world that America has lost its will to win the borhoods, towns and provinces are patrolled helped to shape his informed views on na- War on Terrorism. This would merely em- and controlled by Iraqis. tional security here in Congress. When he ex- bolden our terrorist enemies and lead to open We must also continue to conduct military pressed his personal and thoughtful views on season on America and our allies. We cannot operations against insurgents and foreign the future of our Nation’s involvement in the allow this to happen. We must stay the course fighters in Iraq, particularly al Qaeda in Iraq. war in Iraq he was subjected to a barrage of in Iraq and finish the job. The stakes are too There are still difficult days ahead and much personal criticism that was truly excessive, in- high to fail. work to be done—much of it done by our men cluding an official statement from the Presi- Throughout American history, we have been and women in the military. dent’s Press Secretary that trivialized the very tested in times of war many times. But virtually I expect U.S. forces will continue to stay in nature of our congressional debate over a every time, we stayed the course and pre- Iraq through December’s elections at roughly very important subject. vailed. their current level. But as I’ve said, if political Today the Chairman of the House Armed We did not experience quick victory in the and security progress continues on roughly Services Committee, usually a thoughtful American Revolution. In fact, it took our the course we are on, American forces should Member himself, took it upon himself to intro- Founding Fathers years to win our hard-fought be able to start being drawn down in signifi- duce a caricature of a resolution that totally ig- independence. We were defeated at the Bat- cant numbers during the course of next year. nores many of the important points that Mr. tles of Long Island, Harlem Heights, White These redeployments should be based on Plains and others, and we will never forget the MURTHA originally suggested, and it makes a conditions in the field. As the Iraqis stand up, mockery of the process of honest and open dark days at Valley Forge, yet we did not give we can stand down. up our desire for freedom. debate in the House of Representatives. It is After September 11, 2001, we made a deci- And let’s not forget in WorId War II, where difficult for me to remember a time when seri- sion to play offense in fighting the war on ter- we suffered rapid and repeated defeats at ror, to track down enemies who would kill ous issues of national security have ever been Guam, Wake Island, the Philippines and Kas- Americans and give them no place to hide. treated with such disdain here in the House, serine Pass. Our troops are doing a fantastic job, and ter- and I am extremely disappointed in the Re- But when General Douglas Macarthur was rorists know they have no hope of defeating publican leadership of the House that has al- forced to leave the Philippines, he did not say, our troops in the field. They know that the lowed this circus atmosphere to take place ‘‘We should have an immediate withdraw of all center of gravity in their fight is to undermine today. American troops.’’ Instead, he uttered the im- Even more astounding to me is that the the will of the American people. mortal words: ‘‘I shall return.’’ I would rather have American soldiers hunt- House is rushing through a rule to consider And we aren’t even losing in Iraq! We are ing down terrorists over there, than have this Resolution today with the explanation that winning, and making a difference. Because of American firefighters and police officers re- it is ostensibly a debate over the war in Iraq. our intervention in Iraq, a murderous dictator sponding to attacks here at home. Nothing could be further from the truth. We and a totalitarian regime have been over- Mr. RYAN of Wisconsin. Mr. Speaker, our have not had an honest debate on the war in thrown, free elections have been held, and a military men and women are doing a tremen- Iraq here in the House even as we have seen new constitution has been drafted and ratified. dous job in Iraq, as they work with Iraqis to more than 2,000 young American die in battle. This is an important and emotional debate. secure their country and combat the terrorists We have not had an honest debate over the When to send our servicemen and women to who want so desperately to prevent freedom quality of information that we were given be- war and when to bring them home is perhaps from taking root there. Our troops deserve to fore the start of the war, or about the inability the most difficult decision we as Member face. hear messages of strong support and thanks of Secretary Rumsfeld and the Bush Adminis- I have been to Iraq and everybody I met was from us—not calls for withdrawal that merely tration to give us any serious indication of our enthusiastic, about doing their job and helping give hope to the enemy. Given a chance, the current objectives or a time line for the ulti- the Iraqi people. Iraqi military and political system will become mate re-deployment of American troops out of We must fight this temptation to set an artifi- strong enough to defend the Iraqi people on Iraq. I would welcome such an honest and cial timetable as to when we bring our troops its own. But pulling our troops out now would thorough debate, as I am sure all of my col- home. All this will do is allow the terrorists undermine this goal and provide an opening leagues in the Democratic party would. But time to regroup and lay in wait until we leave. for al Qaeda and its terrorist brethren. what we are doing today is a politically moti- But do not take my word for it. Take the word I disagree wholeheartedly with those who vated exercise that insults that integrity and of a top American commander in Iraq who claim our presence there is counterproductive cheapens the reputation of the House itself. called setting a deadline for troop withdrawal and those who argue that it would be best to There are many troubling aspects of our in- ‘‘a recipe for disaster.’’ bring America’s troops home before their mis- volvement in Iraq that we should be debating, Army Maj. Gen. William Webster, whose 3rd sion is completed. Iraq and its people have including the discovery just this week that Infantry Division is responsible for security in made great strides, most recently with their some of the Iraqi security forces that we are three-fourths of Iraq’s capital said ‘‘Setting a free vote on a constitution. But all their training—paying for—were engaged in the date would mean that the 221 soldiers I’ve lost progress and our troops’ blood and sweat will same type of torture of Iraqi citizens that char- this year, that their lives will have been lost in be for nothing if our forces withdrawal before acterized the reign of Saddam Hussein him- vain. Iraq’s armed factions would likely take a Iraq’s own forces are ready to defend the self. cue from a timetable for a U.S. withdrawal to country. What we should not be doing is considering lie low, gathering their strength and laying All of us want to see our soldiers come a disingenuous resolution that is merely in- plans for renewed conflict when the Americans home, but it would be a huge mistake to make tended to elicit sound bites for conservative leave.’’ their withdrawal based on an arbitrary date, talk radio shows and which is a thinly-veiled Gen. Webster went on to say ‘‘They believe rather than conditions-based. So many of our attempt to insult one of the most courageous they’re doing the right thing. The soldiers be- servicemen and women have sacrificed so and dedicated members of the House, Mr. lieve they’re helping.’’ much to ensure that Iraq does not become a MURTHA. We can do better, Mr. Speaker, and My colleagues on the other side of the aisle haven for terrorists, and we have to make we should resoundingly reject this measure. have been saying that the war in Iraq has sure that mission is accomplished and that Mr. STEARNS. Mr. Speaker, my colleague been a dismal failure and a mistake. Let me their sacrifice has not been in vain. Pulling our from Pennsylvania, Mr. MURTHA said yester- ask them, is it a sign failure that our troops troops out now is akin to surrender and would day that ‘‘our military has done everything that have vaccinated over 3 million children under be a fateful blunder. has been asked of them, the U.S. cannot ac- 5 to help these children fight polio. Or that we Mr. DICKS. Mr. Speaker, the debate over complish anything further in Iraq militarily. It is screened more than 1.3 million children under this fraudulent resolution is a sad comment on time to bring them home.’’ I know Mr. MURTHA age 5 for malnutrition.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00105 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11016 CONGRESSIONAL RECORD — HOUSE November 18, 2005 Was it a mistake to rehabilitate almost 3,000 But what Zarqawi and al-Qaeda want is —To create over-the-horizon presence of schools? What about the 36,000 secondary wholly different from what the Sunni insur- Marines. school teachers and administrators, including —To diplomatically pursue security and gents want. Zarqawi wants to see a Muslim stability in Iraq. 1000 master trainers, that have been trained caliphate and a violent struggle against Chris- by the Iraqis with the United States’ help? tian and Jewish infidels around the world until You may call this a position, a program, or These teachers are going to start teaching in Judgment Day. an exit strategy but this is the Murtha mes- a way that gives freedom to the children. The Sunni insurgents want an independent sage which set in motion the current pro- I ask my friends on the other side of the Iraq that will enable them to regain the wealth ceedings on the floor of the House of Rep- resentatives. This is the declaration heard aisle once again, would you say accom- and power they experienced under Saddam. from Representative MURTHA by the American plishing all of this constitutes failure? The mil- Foreign fighters will be harshly treated by people and around the world. By all standards lions of Iraqi men, women and children who Iraqis once American troops leave. The of decency and by popular decree the Repub- no longer live under a brutal dictator would not jihadists need a failed state to function. That’s lican leadership is mandated to respect the think so. why they were not in Iraq until we entered Iraq precedent setting language of this most de- We must continue to fight the terrorists and and broke up the effective, albeit horribly re- tailed of all proposals for new and creative ac- secure Iraq as a stable, secure democracy. pressive government of Saddam Hussein. We are making a great deal of progress on tion in Iraq. Mr. KOLBE. Mr. Speaker, I rise today to For this reason I urge all of my colleagues the democracy front as well. The approval of speak in opposition to H. Res. 571, and to Iraq’s constitution on October 15 was a his- to examine closely the resolution before us. urge my colleagues—in the strongest possible ‘‘That the deployment of United States forces toric day for Iraq and a bad day for terrorists. terms—to vote against this resolution. As with Millions of Iraqis turned out to vote, embracing in Iraq be terminated immediately.’’ In view of other members who have risen here today, I the fact that the wording of this resolution dis- the democratic process. Iraq now has a con- also served in our military. I’m a veteran of the stitution. torts the plan set forth by Congressman MUR- United States Navy, and served one year in THA, I urge all Members to condemn this dirty On the day of the referendum, there were the Vietnam War on swift boats. But, Mr. no suicide bombings, and attacks on polling trick by voting ‘‘present.’’ Speaker, I do not stand before you tonight and Ms. SCHAKOWSKY. Mr. Speaker, my col- stations were down from 108 in January to 19 suggest that past military service is a require- in October. Sixty percent of registered voters leagues, there is nothing—nothing—more seri- ment for one to have a credible opinion on this ous that we will do in our lives as well as our took part in the referendum. Significantly high- important issue. All Americans have a right to er turnout in Sunni a further indication that careers than to send young American men be heard on this matter—and should be and women to war. And there is no one in this Sunnis are joining the political process. heard. Mr. Speaker, we are at a crossroads in Iraq. body who understands the consequences of Mr. Speaker, with all my heart and with all Do we cut and run or do we stay and finish that decision more than JACK MURTHA who my mind, I believe that to pull our troops from the job? There is too much at stake to imme- served 37 years in the Marines, won two Pur- Iraq immediately would send a clear and un- diately pull out. All we would be doing is ple Hearts in battle, and loves without reserva- mistakable message to every potential enemy strengthening the terrorists. We must finish the tion our soldiers in uniform. worldwide that the United States has no back- job. We must stay the course and leave with Over 2,070 Americans and tens of thou- bone, no willingness to see a tough struggle sands of civilian Iraqis are dead, thousands honor. I urge a ‘‘no’’ vote on this resolution. Mr. MORAN of Virginia. Mr. Speaker, the through to the end. It would be a message to more are horribly injured in this war that many unspoken inevitability we face is that U.S. our allies that the United States does not of us believe to be completely unjustified. Yet troops will eventually leave Iraq. honor its commitments. And it would send a the House Republicans are so morally bank- Eighty percent of Iraqis want us to leave message to the families of every member of rupt that they would turn to cheap political now. They now see us as occupiers, not lib- the armed forces selflessly serving to defend stunts in order to undercut Congressman erators. our liberties, especially those who have paid MURTHA’s conscience-driven call for an end to American politicians say we must save the ultimate sacrifice that their service, their the Iraq war, which he calls ‘‘a flawed policy Iraqis from an even more violent civil war. sacrifice, has been in vain. wrapped in illusion.’’ But that civil war is underway because of Look to our past history: In the face of re- But there is not a person in this House who the American presence. It is fueling Sunni lentless opposition from abroad and ever here is man or woman enough to ever undercut the hostility toward Shia collaborators. at home, the United States honored its com- credibility of JACK MURTHA, no matter how If the American forces weren’t there, Iraqi mitments to Germany, Japan, and South many accusations they may throw at him, no Shia security forces would no longer be serv- Korea after World War II and the Korean War. matter how many names they call him, and no ing the interests of foreign infidels against Today they are our strongest allies. On the matter how many ‘‘clever’’ tactics they try. other fellow Iraqis. It would open the door to other hand, Osama bin Laden himself wrote Shame on the Republican leaders for think- the reenlistments of many of the best trained that evidence of the United States’ weakness ing it’s ok to turn this war into a game and and experienced former Iraqi military and po- could be found in our departures from Viet- Representative MURTHA into a political football. lice professionals. nam, Beirut, and Mogadishu. ‘‘The United Shame on the Speaker for accusing JACK The preponderance of power now lies with States is a paper tiger,’’ he was saying. MURTHA of insulting and demoralizing our the Shia and the Kurds. The Sunni fighters ‘‘Smack them in the face and they run.’’ troops. Mr. MURTHA, this decorated war hero, have only small arms and make-shift explosive To pull our troops from Iraq immediately is right when he says ‘‘what demoralizes them devices. The insurgents don’t have access to would be an abrogation of our responsibilities is going to war with not enough troops and Saddam’s tanks and helicopters. in the world. equipment to make the transition to peace; the Furthermore, we have equipped the Shia History will not define this great nation by devastation caused by IEDs; being deployed and Kurds with much superior weaponry and our decision to enter Iraq—it will define us by to Iraq when their homes have been ravaged they are vastly superior in number. how we leave Iraq. by hurricanes; being on their second or third If the Americans end their occupation, the Whether or not you supported the decision deployment and leaving their families behind insurgents’ resistance will lose its purpose. to go to war against Iraq in the first place, we without a network of support.’’ The foreign jihadi element in Iraq is numeri- have an obligation to leave Iraq a safer, freer The Republicans don’t demean Mr. MURTHA, cally insignificant. The vast bulk of the resist- country than it was under Sadam Hussein. can’t begin to demean Mr. MURTHA, when they ance has little connection to al-Qaeda or its Spreading freedom and liberty is not some- make baseless allegations and engage in offshoots. The colonel in charge of cleaning thing America has ever avoided, nor should it. pointless political stunts. They demean them- out the insurgency in Tall Afar said they were I urge my colleagues to vote against this selves and they demean the integrity of this fighting foreign jihadi fighters coming in from resolution. House of Representatives. Shame on you. Syria. Yet, when they interrogated the more Mr. OWENS. Mr. Speaker, the definition of I support JACK MURTHA’s resolution to stop than a thousand captives, not one—not one ‘‘immediate termination of United States forces sending our soldiers to die in Iraq. I support was a foreigner—all were native Iraqi insur- in Iraq’’ must mean the following as set forth him when he says, ‘‘It is time to bring them gents. by Representative JOHN MURTHA: home.’’ The proper response from those who But al Zarqawi and his followers have bene- ‘‘My plan calls: disagree with this revered Marine would be to fited mightily from this misguided war because —To immediately redeploy U.S. troops have a serious discussion about how we got he is being given credit by American politi- consistent with the safety of U.S. forces. into Iraq, about the conduct of the war, and cians for heading the resistance. We, in Amer- —To create a quick reaction force in the about how we get out. Instead we see the typ- ica, have been his best recruiting aid. region. ical slash-and-burn personal attacks that are

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00106 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11017 the mainstay of the Republicans, especially maximizes the chances for stability and mini- tance to the American people. Our troops and when they know they are wrong. And you are mizes the possibilities of a full scale civil war their families deserve no less. wrong. erupting. Ms. MILLENDER-MCDONALD. Mr. Speaker, But you are no longer fooling the American The insurgency today consists primarily of I rise in support of a colleague, a friend and people. In overwhelming numbers they think it former Baathists who lost their grip on power someone whose judgment I respect. JOHN was a mistake to go to war in Iraq; they think and who fear for their future security in a MURTHA had seen a lot of battles before he the Bush Administration mishandled the war; country dominated by the Shia. They have re- came to Congress. A decorated Vietnam Vet- they don’t trust the President to tell the truth; sorted to a bloody campaign of terrorist at- eran with two Purple Hearts, a Bronze Star in and they don’t support this war. On the eve of tacks to prevent the establishment of a central 37 years of service in the Marines. Thanksgiving, even as our troops are doing government. The Bush Administration has I did not know him then, but I know him their very best far from home and family, the failed to develop a political strategy that will now. He is a Member who carries with him a Republicans have chosen to pull a cheap, de- end the violence. full life lived, a perspective shaped by experi- meaning political stunt. Shame on you. This conflict will not be resolved by military ence and understanding. He has accrued wis- Mr. VAN HOLLEN. Mr. Speaker, we went to force. It requires a diplomatic and political so- dom, which is seldom seen in a person who war in Iraq in an irresponsible way; we should lution. Any resolution must address the Sunni carries it in such a dignified and unassuming leave Iraq in a responsible way. fears that are feeding much of the violence. At manner. The Administration’s slogan of ‘‘stay the the same time, any resolution must recognize He was one of the first gentlemen of the course’’ is not a strategy. More of the same is the facts on the ground—the Kurds will never House to support the ‘‘Women In Military unacceptable. We must change course. The again allow themselves to be victimized by a Service For America Memorial.’’ I asked him Bush Administration has tried to stifle debate central government in Bagdhad and the Shia, for his support on this project, but I did not here at home by shamelessly challenging the by virtue of their majority status, will never have to explain it. He understood the contribu- patriotism of those who question their ap- again allow themselves to be dominated by tions women and other minorities have made proach. The time has come for a serious de- others. in the military. He takes a comprehensive and bate on this issue of utmost importance to the The Bush Administration’s efforts to achieve inclusive view of situations. This man’s actions American people. We should bring our troops a political solution have been grossly inad- define who he is. I find this refreshing. He home as quickly and safely as possible. But equate. However, the prospects for a political speaks from a position of knowledge. I say bringing our troops home is only part of a suc- and diplomatic resolution are less likely in the this because tonight we are debating a se- cessful strategy for leaving Iraq. We must re- face of a total immediate withdrawal of U.S. verely amended version of the Murtha Resolu- deploy our troops in a way that does not un- forces from Iraq. The more likely result would tion. If we are going to seriously debate the war leash even more bloodshed and killing in Iraq, be a surge in killings of innocent Iraqis as dif- in Iraq, we must do so in the scope that rep- and does not create a vacuum that will be ex- ferent groups compete for power in the vacu- resents the full spectrum of the American peo- ploited by Al Queda and terrorist elements. um left by the immediate and total departure ple. This resolution tonight is not the debate Our nation went to war in Iraq based on of American forces. That bloodshed would be the American people have asked for or need false information and gross distortions of the a great stain on our nation and a terrible blow to hear. The American people want a com- facts made by President Bush and others in to our already shattered credibility. Moreover, prehensive and inclusive debate that reflects his Administration. Before the invasion, a num- just as the precipitous U.S. disengagement the complexity of the situation our country ber of us gave speeches on the floor of this from Afghanistan following the Soviet with- finds itself in. House outlining the dangers of going to war in drawal from that country opened the door to While agreeing with the Murtha Resolution, Iraq. The Bush Administration and the Con- the Taliban regime, the immediate and total I do so primarily because he has given this sit- gress chose to disregard the warnings that withdrawal of U.S. forces from Iraq—without a uation great thought and because I trust that were raised by many people who had experi- political plan in place—would most benefit ex- the author had every intent of fully debating ence on foreign policy issues regarding the tremist and terrorist groups. his resolution whether members agreed to it or Persian Gulf region. Our strategy for leaving Iraq must also rec- not—and is willing to listen constructively. We We have made many mistakes during the ognize that Iraq’s neighbors—Iran, Turkey and should follow his lead on opening up this de- war, but many of the results of our invasion Syria—all have strong interests in the future of bate—not smothering it. Mr. Speaker, I ask were predictable. As I said on this floor prior Iraq. Our plan must ensure that the United Na- that on this Friday night before we adjourn for to the war: tions and the international community will work the Thanksgiving season to be with family and ‘‘The President has presented a utopian vi- to prevent others from exploiting the situation mends to give thanks, let us give dignity to a sion of democracy breaking out in the Middle in Iraq at the expense of the Iraqi people and true debate about this war in Iraq. East after we invade Iraq. It is just as easy to the security of the region and the United The American people deserve better. imagine a scenario where difficulties in Iraq States. Mr. RANGEL. Mr. Speaker, I rise today with and the American action there fuel resentment The Senate Democrats, under the leader- a heavy heart to enter into the CONGRES- toward occupying American troops and in- ship of Senators HARRY REID and CARL LEVIN SIONAL RECORD my observations regarding the flame the region against us, strengthening the have proposed a path for bringing our troops shameless acts of the Republicans who have hands of radical Islamic fundamentalists and home in an orderly way that minimizes the hijacked the House of Representatives and making it more difficult to promote democracy likelihood of an outbreak of a full scale civil have become so arrogant, so deaf to any and other U.S. goals in the region.’’ war in Iraq. voices but their own they do not hear the Now, more than two and half years after the In the aftermath of the terrible attacks of voices of the American people. My friend and invasion of Iraq, those predictions have unfor- September 11, 2001, the world rallied to our colleague, JOHN MURTHA, a true American pa- tunately proved true. The Administration utterly side. The international community supported triot and decorated Marine Corps veteran of failed to understand the dynamics and history our decision to go into Afghanistan to root out Vietnam combat, spoke from his heart yester- of Iraq. They failed to understand the opening Al Queda. The Bush Administration squan- day on behalf of those he cares most about: that Sunni grievances and old rivalries would dered that international good will. Instead, it the men and women wearing the uniform of give to our enemies, to Al Queda and others. began a war of choice against Iraq. As many the United States of America and the people The Administration built its actions on a foun- predicted before the invasion, that war has of this country he has served all his life. dation of sand—on rosy scenarios and wishful fueled the ranks of Al Queda and strength- Congressman JOHN MURTHA, the leading thinking. We never had a plan to deal with the ened the jihadists. We must not compound the Democrat on the House Appropriations Com- forces we were unleashing in Iraq and we are blunders of the Bush Administration by cre- mittee’s defense committee, reached a point dealing with the consequences now. There ating the conditions for even more bloodshed where he felt this country’s continued occupa- have been over 2,079 confirmed American in Iraq and allowing it to become a haven and tion of Iraq was a source of the violence in deaths in Iraq. Over 15,500 have been seri- launching pad for terrorist activities. Iraq. Congressman MURTHA had the courage ously injured. There have been reports of at This Congress has not had a serious debate to do what few have been able to do. He least 30,000 Iraqi civilian deaths. on Iraq. Instead, the Republican leadership in faced the people at a press conference and Having invaded Iraq, the United States has this House has worked to hide from the Amer- described how he had come to the conclusion a moral and national security obligation to do ican people the gross incompetence of the that: ‘‘The United States and coalition troops everything possible to prevent the situation Bush Administration’s policies on Iraq. The have done all they can in Iraq, but it is time from spiraling even farther out of control. We time is long overdue for us to have a serious for a change in direction. Our military is suf- must devise a plan to leave Iraq in a way that discussion on this issue of the greatest impor- fering. The future of our country is at risk. We

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00107 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11018 CONGRESSIONAL RECORD — HOUSE November 18, 2005 can not continue on the present course. It is mittee and no input from the American people. a total abdication of our responsibilities as evident that continued military action in Iraq is It was a calculated move by Republicans de- Members of Congress. Rather than holding not in the best interests of the United States signed to make it appear to the American peo- vigorous oversight hearings and having a full, of America, the Iraqi people or the Persian ple that MURTHA’S reasonable resolution was a open and honest discussion about the future Gulf Region.’’ proposal to undermine the troops. of U.S. involvement in Iraq, the Republican Congressman MURTHA supported his con- With this move, Republicans made a mock- leadership has rushed a resolution to the floor clusions by the now familiar truths we know. ery of the people’s House and the people’s today that deliberately mischaracterizes the The reasons we were given for going to war wishes. They smeared an American hero and views of many Democrats, including the hon- were all false. There were no weapons of a man who cares about the military and his orable Representative JACK MURTHA, a deco- mass destruction and no nuclear weapons; country. The leadership of the Republican rated marine who served in both Korea and there was no imminent danger. We were not House of Representatives, acting in lock step Vietnam, who have called for a safe and or- welcomed by flowers in Baghdad. We had not with a failed President is perpetuating, in JOHN derly withdrawal of U.S. troops over the next brought Democracy in Iraq. Congressman MURTHA’s words, a ‘‘failed policy wrapped in six months to a year. MURTHA cited the key indicators in order to as- an illusion.’’ Instead of debating the merits of the ongo- sess the ‘‘progress’’ of Iraq. According to re- Mr. LANGEVIN. Mr. Speaker, I rise this ing occupation of Iraq and the White House’s ports recently submitted to his committee by evening in opposition to this resolution calling lack of an exit strategy, the White House and the Secretary of Defense, Congressman MUR- for an immediate withdrawal of U.S. troops the Republican leadership in Congress have THA learned some disturbing news. ‘‘Oil pro- from Iraq. It is a shame that some members viciously attacked the integrity of both Repub- duction and energy in Iraq are below prewar of the House leadership have decided to turn lican and Democratic critics of the administra- levels. Our reconstruction efforts have been one of the most pressing issues facing our tion’s Iraq war policies. Senator HAGEL, a Re- crippled by the security situation. Only $9 bil- Nation into a political stunt. publican from Nebraska, was so outraged by lion appropriated for reconstruction has been This resolution is not offered in good faith; such character assassination that he said re- spent. Unemployment remains at about 60 it is a blatant effort to confront, to embarrass, cently, ‘‘The Bush administration must under- percent. Clean water is scarce. Only $500 mil- and to chide anyone who has legitimate ques- stand that each American has a right to ques- lion of the $2.2 billion appropriated for water tions about how this war is being prosecuted. tion our policies in Iraq and should not be de- projects has been spent. And most impor- It is cynical and mean-spirited, and most trag- monized for disagreeing with them. Sug- tantly, insurgent incidents have increased from ically, it is a disservice to our troops who are gesting that to challenge or criticize policy is about 150 per week to over 700 per week in serving valiantly and sacrificing their lives undermining and hurting our troops is not de- the last year.’’ every day to accomplish the mission they mocracy nor what this country has stood for, Congressman MURTHA pointed out that the were given. for over 200 years . . . Vietnam was a na- American people do not want us in Iraq. A Our Nation’s future role in Iraq is a serious tional tragedy partly because Members of British poll found that 80 percent of Iraqis do matter that affects the lives of all Americans. Congress failed their country, remained silent not want us occupying their country. Of the 80 Consequently, the American public have legiti- and lacked the courage to challenge the Ad- percent of the Iraqis who don’t want us in Iraq, mate questions—not necessarily about the ministrations in power until it was too late . . . 44 percent felt attacks on Americans were jus- value of our mission there, but about how we To question your government is not unpatri- tified. Drawing on his experience in Vietnam, expect to achieve our goals. They want to otic—to not question your government is un- Congressman MURTHA said there is no way to know what victory will look like, the steps we patriotic.’’ win a war with insurgents when the people tell will take to get there, and the appropriate time It is particularly galling when individuals like the insurgents what moves you are going to for our forces to leave safely. Our soldiers, DICK CHENEY, who has never served a day in take. sailors, airmen and marines, their families the military, let alone been shot at by enemy Congressman MURTHA repeated what he here at home, and all Americans deserve soldiers on behalf of our country, questions has been saying. The war in Iraq cannot be those answers. the integrity of genuine heroes like Represent- won militarily. The administration is now say- Yesterday, my friend and colleague, JACK ative MURTHA. ing the same thing. Congressman MURTHA MURTHA, a patriot and a decorated veteran, at- Let me be clear, I have not supported an stated that our military has done its duty, but tempted to start that dialogue. However, in- immediate withdrawal from Iraq. But, I do be- the war continues to intensify. stead of having a frank discussion about the lieve that in the wake of the December par- Congressman MURTHA’s proposal was not potential consequences of immediate troop liamentary elections in Iraq that the U.S. to ‘‘cut and run’’ as the Republicans have withdrawal or addressing the burning ques- should negotiate a timeline with the new Iraqi said. His proposal provides for re-deployment tions in the minds of most Americans, the Re- government for the withdrawal of U.S. troops from Iraq, the safety of our troops, and a rapid publican leadership disingenuously twisted Mr. next year. deployment force to deal with any genuine ter- MURTHA’s words, making a mockery of the I was heartened when millions of Iraqis, rorist threat in the region. democratic principles that we hope to instill even at risk of life and limb, voted in late Jan- To equate a criticism of the President’s throughout the world. uary to establish an interim government and failed policy with a lack of support of our Article I, Section 8 of the Constitution grants constitutional assembly and again in October troops is beneath contempt. It is appalling to Congress the right to oversee the operations in support of a new Constitution. I wrote to see the President, the Vice President, and of the military. As a member of the House President Bush just after the January election, Secretary Rumsfeld smear JOHN MURTHA with Armed Services Committee, it is a responsi- suggesting that the U.S. negotiate a timeline accusations of cowardice. bility I take very seriously. Instead of seeking for a phased withdrawal of U.S. troops with I think Congressman MURTHA said it just a plan for victory, the Republican leadership the newly elected government. I felt it would right when he was asked at his press con- has given the American people silence and be an ideal time to signal to the Iraqi people ference yesterday how he felt about Vice the status quo. If we do not endeavor to pro- in a concrete way that the U.S. has no long- President CHENEY’S attempt to tell him what vide the answers that so many demand, we term designs on their country. While the Presi- was good for the troops. He said he welcomed will have failed in our responsibilities. dent ignored my advice earlier this year, I a man with five deferments attempting to tell I urge my colleagues to vote against this renew my call and ask that following the De- him what was good for troops in battle. It was resolution and to demonstrate that we will not cember elections in Iraq, the U.S. negotiate a easy, MURTHA said, to sit in air-conditioned of- play politics on an issue of such magnitude. timeline to withdraw from Iraq next year. fices, and decide what the troops were going Mr. DEFAZIO. Mr. Speaker, I have been in While some have argued that announcing a to do, but our soldiers have it very hard in Congress for nearly 20 years. And in all that timeline for withdrawal would undermine our Iraq. Very hard. When a man with the combat tie, I don’t think I have ever been more troops and allow the insurgents to wait us out, record of Congressman MURTHA talks about ashamed of the House of Representatives I disagree. men and women in battle, I think he deserves than I am today. Negotiating a timeline for withdrawal with to be heard. Deciding issues of war and peace should be the Iraqi government elected next month Instead, the President blasted him from as one of the most solemn obligations we con- would show that democracy ended the U.S. far away as China. And today, the Republican front in Congress. Instead, what is going on occupation of Iraq, not terrorist or insurgent vi- House leadership pulled one of their dirtiest today is pure political gamesmanship. Such olence, and would allow our troops to come tricks. The Republicans introduced and put up gamesmanship demeans the sacrifice of our home with honor. for a vote a mockery of the Murtha Resolution, men and women in uniform, demeans our Announcing the termination of the open- with no discussion, no consideration in com- country’s tradition of democratic debate, and is ended U.S. military commitment in Iraq and

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00108 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11019 providing a concrete plan, including a timeline honor their sacrifice by continuing to support emies’’ and lamented that ‘‘Democrats under- negotiated with the Iraqi government, for with- their vital mission. mine our troops in Iraq from the security of drawal could also undermine support for insur- Mrs. CAPPS. Mr. Speaker, I rise in disgust their Washington, DC, offices.’’ gents who have stoked the wide variety of at the level of cynicism that is represented by At a rival news conference called four hours grievances of ordinary Iraqis arising from the this resolution. after MURTHA’s appearance, Representative occupation to generate popular support for This exercise by the House Republican J.D. HAYWORTH, who like HASTERT and BLUNT their cause. Most importantly, establishing a leadership is about as un-American and con- does not have military service on his re´sume´, withdrawal plan and timeline would remove temptuous as it gets. alerted the 73-year-old MURTHA that ‘‘the one of the chief causes of instability in Iraq, I support Mr. MURTHA’s resolution to bring American people are made of sterner stuff.’’ the occupation itself, by separating nationalist about an end to U.S. operations in Iraq in— And Representative JOHN CARTER said the Iraqi insurgents trying to end the occupation, and I quote—‘‘at the earliest practicable date.’’ likes of MURTHA want to take ‘‘the cowardly both Sunni and Shia, from foreign elements in The resolution before us is not about that. way out and say, ‘We’re going to surrender.’’’ Iraq for their own reasons. To the extent that This resolution is a blatant political effort to The White House accused a senior House a specific withdrawal plan, with benchmarks make it look like the President’s Iraq policy Democrat—and a decorated Vietnam vet- for measuring success in stabilizing Iraq, has broad support in Congress and among the eran—who called for a swift withdrawal from would turn Iraqis, both Sunni and Shia, public—which it obviously does not. Iraq of advocating surrender, comparing him against the foreign terrorists operating in Iraq, Worse, it transforms the sacrifice of our to anti-war filmmaker Michael Moore. it could be a key turning point in stabilizing the brave troops into crass political exercise. In a broadside issued Thursday night, Bush country. Remember, the insurgency is made Mr. Speaker, I have opposed this war from spokesman Scott McClellan said that it is ‘‘baf- up of two primary camps—nationalist Sunnis the beginning. fling that [Pennsylvania Representative JOHN and foreign terrorists. These two camps have I wasn’t convinced of the need for it and MURTHA] is endorsing the policy positions of different motivations and different goals. deeply concerned about the potential fallout Michael Moore and the extreme liberal wing of A timeline and withdrawal plan negotiated that it could precipitate. the Democratic party.’’ with the Iraqi government would also boost the Sadly, many of my concerns have been MURTHA, whose brand of hawkishness has Iraqi government’s legitimacy and claim to borne out, as nearly 2,100 brave Americans never been qualified by the word ‘‘chicken,’’ self-rule and would force the Iraqi government have lost their lives and many thousands more was expecting the attacks. ‘‘I like guys who’ve to take responsibility for itself and its citizens. have been wounded. never been there to criticize us who’ve been Just as importantly, a specific plan and Today, the insurgency continues unabated there. I like that,’’ the burly old marine said, timeline for withdrawal would provide much and now Iraq is a hotbed of terrorist activity. hands in pocket. Referring to Vice President needed relief to over-burdened military per- We are less secure today than before we in- CHENEY, he continued: ‘‘I like guys who got sonnel and their families and provide some vaded. five deferments and never been there, and certainty to U.S. taxpayers regarding the ulti- As a result, America’s position and influence send people to war, and then don’t like to hear mate financial burden they’ll be forced to bear. in the world have suffered greatly in the proc- suggestions about what needs to be done.’’ Mr. CARDIN. Mr. Speaker, tonight I am dis- A plan for withdrawal could also help the ess. appointed by the limitation placed on debate United States in our broader fight against Is- I believe it is long past time that the admin- lamic extremists with global ambitions, most on the U.S. role in Iraq. istration produce an exit strategy for Iraq and Congress needs to have a real and mean- notably al-Qaeda, by taking away a recruiting am deeply disappointed that all we have seen tool and training ground. Porter Goss, the Di- ingful debate on the future role of the U.S. is more of the same arrogance and incom- military in Iraq as we approach the third anni- rector of the Central Intelligence Agency, testi- petence that got us here in the first place. fied to Congress earlier this year that, ‘‘Islamic versary of our invasion of Iraq. Congress I am not surprised by Representative MUR- should take seriously its obligation to oversee extremists are exploiting the Iraqi conflict to THA’s statement yesterday. recruit new anti-U.S. jihadists. These jihadists our military forces. Mr. MURTHA’s distinguished military career, I voted against giving the President the au- who survive will leave Iraq experienced and and his decades of public service, have given focused on acts of urban terrorism.’’ He went thority to go to war in Iraq. I have been an him a level of expertise on defense issues vir- outspoken critic of the President’s handling on to say, ‘‘The Iraq conflict, while not a cause tually unparalleled in today’s Congress. of extremism, has become a cause for extrem- and planning for the Iraq War, and have criti- He understands the troops and their leader- cized both the pre-war intelligence used by the ists.’’ And, the Commander of U.S. forces in ship, and the challenges faced by the military Iraq, General George Casey, testified to Con- President and the failure of the President to in times of war and peace far better than plan a realistic transition from a dictatorship to gress earlier this year that ‘‘the perception of most. occupation in Iraq is a major driving force be- a democracy in Iraq with our allies. I am sure his announcement is the result of I commend the Senate for the debate it had hind the insurgency. ‘‘ long and careful consideration and demands Finally, establishing a firm timeline for with- this week in which real policy options were re- the attention of all thinking Americans. drawal could accelerate the development of viewed in a serious and responsible manner. I am shocked, but not surprised, by the Iraqi security forces and deepen their commit- I agree that 2006 should be a period of signifi- shameful response of some of my Republican ment to defending their own country and their cant transition to full Iraqi sovereignty, and colleagues in Congress and by officials in the own government by eliminating the conflicted that Iraqi security forces must take the lead in White House who have sought to besmirch feelings they now feel by working with an oc- protecting its citizens. U.S. military forces Mr. MURTHA’s motivations and accumen. cupying force. It would allow them to be de- should not stay in Iraq any longer than re- Today’s action by the House leadership is fending a sovereign Iraqi government, rather quired, and Congress must insist on measur- than fighting on the side of an occupation more of the same—an attempt to smear a able benchmarks for bringing our troops force. man of honor who commits the unpardonable home. The House should be debating this impor- sin of disagreeing with them. Our soldiers have paid the heaviest price in tant issue and strategies for moving forward in Fortunately, I know that as time goes on Mr. Iraq: thousands are dead, and tens of thou- Iraq instead of politically motivated straw man MURTHA’s call for a serious reassessment of sands are wounded. The American taxpayer resolutions. our position in Iraq will be recognized as has already invested hundreds of billions of Mr. CANTOR. Mr. Speaker, I want our thoughtful analysis of a policy in deep trouble dollars. Mr. Speaker, our soldiers deserve bet- troops home as soon as anyone here, but I and need for change. ter than the resolution we are considering this will not let the sacrifices of those who will I only hope that President Bush and his ad- evening. The American people deserve a Con- never come home from Iraq and Afghanistan ministration will discover that truth before more gress that will give serious consideration to be wasted or forgotten. lives are lost in this very tragic situation. how we can safely bring our soldiers home. Our brave men and women went to battle to Speaker J. DENNIS HASTERT declared: Mrs. LOWEY. Mr. Speaker, I rise in opposi- bring freedom to Iraq and Afghanistan, and to ‘‘MURTHA and Democratic leaders have adopt- tion to this resolution, which is nothing more take the fight to the terrorists so that we do ed a policy of cut and run. They would prefer than an effort to politicize one of the most seri- not have to fight them here at home. This is that the United States surrender to the terror- ous policy issues facing the United States a fight for the free world. It is a fight that we ists who would harm innocent Americans. To today. It is nothing more than an effort to dis- must win, and it is a fight that we will win only add insult to injury, this is done while the guise—in a cloak of partisan rhetoric—the fact when we support our troops. President is on foreign soil.’’ that our Iraq policy is failing. Let us work across the aisle to help them Majority Leader ROY BLUNT informed MUR- The facts are clear: Even as our brave men succeed and get them home safely, and let us THA that his views ‘‘only embolden our en- and women in uniform have done their best,

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00109 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11020 CONGRESSIONAL RECORD — HOUSE November 18, 2005 the Administration has failed at every turn to We should be looking for the ‘‘better calling for the redeployment of American execute the war in Iraq competently. The course’’ not the ‘‘same course.’’ forces from Iraq. The resolution would require President rushed to war based on false and There is no military solution to Iraq. We’ve us to maintain a sizeable quick reaction force faulty intelligence against the protests of the got to look to diplomacy and joint civilian-mili- in the region, and to reinvigorate our diplo- vast majority of our allies. Warnings from U.S. tary efforts. This war has demonstrated the matic efforts to bring about peace and security commanders about troop levels and equip- need for trained civilian professionals who can for the Iraqi people by truly internationalizing ment went unheeded, haphazard decisions provide continuity and hand-in-glove partner- our efforts there. were made at the earliest stages which seri- ships with Iraqi citizens. The gentleman from Pennsylvania, Mr. ously damaged our efforts to restore peace Everywhere I’ve gone and everyone I’ve MURTHA, has correctly observed that at and security in Iraq. Our troops have become talked to has cited the need for this. present, our policy in Iraq ‘‘is a flawed policy targets of an ever-strengthening insurgency. It was obvious early on that the future of wrapped in illusion,’’ and that we cannot con- This Administration’s horrendous judgment Iraq depends on Iraqis. And yet, the adminis- tinue on this present course, because to do so has put us in an untenable situation—dam- tration is only now beginning to place an em- is to court disaster. Based on visits to Iraq, aging our ability to deal with other emerging phasis on training Iraq’s own security forces. discussion with military leaders there and in threats around the world and threatening the James Fallows of the Atlantic Monthly wrote Washington, he said that the continued pres- stability of the Middle East. recently, ‘‘an orderly exit from Iraq depends on ence of our troops does not advance our se- The solution to Iraq’s problems will be polit- the development of a viable Iraqi security curity nor that of Iraq. He also said that the ical in nature, not military. The various factions force. But the Iraqis aren’t even close. The American people are way out in front of the in Iraq need to come together to decide what Bush administration doesn’t take the problem Congress on this issue. In all of these things, shape the future of their country will take and seriously—and it never has.’’ he spoke the truth. to execute that decision. Every diplomatic ave- We have other options besides this draco- But in the eyes of the majority and the Bush nue must be pursued to engage the inter- nian resolution. It’s too bad we’re not able to White House, the gentleman’s resolution is, in national community in bringing stability and have hearings on those. It’s too bad we’re not the words of White House spokesman Scott security to Iraq and reconstructing critical in- able to consider these other options tonight. McClellan ‘‘a surrender to the terrorists.’’ They frastructure. We must assure the Iraqi people Ms. SCHWARTZ of Pennsylvania. Mr. have accused him—as they have others who that we do not intend to stay in Iraq indefi- Speaker, I rise today in strong support of the dare to question their failed policy in Iraq—of nitely, and that we will redeploy troops in a men and women who are so bravely serving being unpatriotic. Sadly, this is a tactic we way that assures their safety and on a sched- our country in Iraq and around the world. have seen before. But it is deeply corrosive ule pegged to successes in security force Our best and bravest continue to perform and it must stop. Every American has the right training and other criteria. Iraqi security forces selflessly and admirably. We owe them our to question their leaders, period. must take control of their own country as soon deepest respect and appreciation. There is a reason the majority and the as they are able. We also have an obligation to provide them, President don’t want to be questioned about This redeployment must be carried out in a and the American people, with a clear set of Iraq. There are several reasons, in fact. This way that does not leave Iraq as a playground objectives, a comprehensive strategy to war was started based on faulty and misrepre- for Iran, Syria, and al-Qaeda. It must be car- achieve these objectives, and a roadmap to sented intelligence. It has been prosecuted ried out at the earliest possible time we are return home once these objectives are without the number of troops or the amount of reasonably assured that the conditions exist to achieved. But, the Bush Administration has equipment that was known to be necessary ensure redeployment will leave U.S. interests not done this. before it started. And today, it continues with- in the Middle East and around the world more, My colleagues, people all across the coun- out broad international cooperation or an exit rather than less, secure. try, Republicans and Democrats, want to know strategy. Answering questions about any and Mr. Speaker, hasty decision-making is what why our intelligence was wrong. They want to all of these is admittedly difficult. But hiding got us into this mess in the first place. The know why our troops don’t have the necessary from the answers is not only cowardly, it is ir- war in Iraq, and the men and women in uni- body armor. They want to know what our ob- responsible. I too have visited our troops in form who are fighting the war, deserve more jectives are and what progress has been Iraq, and they are best served if we face the than ad hoc, 11th-hour debates over political made in achieving them. And, they want to truth—with the humility that come from recog- power plays. I urge my colleagues to oppose know what concrete steps must be taken to nizing their valor, dedication, and sacrifice. the resolution. achieve troop withdrawals. As the gentleman from Pennsylvania has Mrs. DAVIS of California. Mr. Speaker, this Yet, the Administration’s only response to said, things are not going as advertised in Republican withdrawal resolution was drafted these legitimate questions is to criticize those Iraq, and the American people know it. Three in haste. that ask them as unpatriotic and provide the years of mistakes and even falsehoods— No matter how you felt about getting into empty rhetoric of ‘‘stay the course’’. This is ir- about the threat Saddam posed, about the this war, our kids are there now. They’re in the responsible, morally reprehensible and shame- ease of total victory, about how Iraqi oil would middle of harm’s way, right now. As many ful—to our troops, to the American people, pay for reconstruction, about the cost to Amer- thousands of families, friends and loved ones and to our democracy. It demoralizes our mis- ica’s military and budget, among others—have can tell you—they’ve been over there a long sion and is a direct challenge to the freedom finally caught up with this Administration and time. and liberty that so many of our troops have the Congressional leadership. The gentleman I’m a member of the Armed Services Com- fought and died for. from Pennsylvania offers a plan for getting us mittee. I voted against going to war with Iraq It is Congress’s fundamental responsibility out of Iraq strategically, methodically, and suc- without exhausting all our diplomatic efforts. to investigate whether faulty intelligence led us cessfully. It outlines a way forward for our But here we are. We didn’t do that. to war; to provide our troops with the nec- country to deal with the number one moral I’ve been to Iraq. I’ve sat through scores of essary training, equipment, and supplies; and and political issue confronting our nation hearings on Iraq. I’ve spoken to the Secretary to ensure that our nation has a clearly defined today. We should be debating his proposal, of Defense. I’ve spoken with our military com- strategy to achieve success in Iraq and pro- not mocking it. manders. Like everyone here tonight, I’ve lost vide for the return of our troops. Meeting the challenge that faces us in Iraq sleep over it. I’ve given it a lot of thought. I Mr. Speaker, it is time that Congress fulfills requires courage and honesty. The actions of know my colleagues have too. I know that. our obligations. Our troops have shown time the majority show neither today. I am sorely Let’s calm down for a second. Let’s look at and time again that when presented with a disappointed that they have chosen to act so the choice before us tonight. challenge, they will achieve it. They have done irresponsibly. On one hand, House Republican DUNCAN their part; it is time we do our part. Mr. MCDERMOTT. Mr. Speaker, there has HUNTER is asking us to withdraw our troops Mr. HOLT. Mr. Speaker, I rise today in op- never been a time like this in America’s his- immediately without protection or support. On position to the sham piece of legislation before tory. the other hand, the White House is asking us us. It is not designed to express the will of the Never before has a full-scale assault been just to keep our troops on the same course. House on Iraq. It is a political stunt intended launched on Americans who offer a different I can’t choose either of these options in to avoid a deeply serious, much-needed de- point of view about the policies of an adminis- good conscience. Honestly, I don’t see how bate on the most pressing issue facing our tration, especially when it concerns a war on any of us can. country today. foreign soil. To put it simply, we have more options than Yesterday, the gentleman from Pennsyl- Almost 3 years ago, I went to Iraq as part ‘‘all or nothing’’ here tonight. vania, Mr. MURTHA, introduced a resolution of a humanitarian delegation. When I said in

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00110 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11021 response to a media question that the Presi- us to war, I have supported the men and ical, political, outrageously tricky and sneaky dent would mislead America into war, the women in uniform who are serving our Nation. maneuvers like this. White House immediately launched a relent- However, I continue to believe that unless we Mr. Speaker, too often, so many of my col- less attack on me. They spared no political or have a clear strategy, we will continue to see leagues are reluctant to challenge this Admin- public relations weapon, surrogate or ploy, in the loss of American lives in Iraq with no end istration’s policies in Iraq for fear that anything their attempt to silence me. in sight. other than staying the course will somehow Republicans, at the direction of the White Unfortunately, today, instead of having a le- appear weak. But the President’s course is House, launched a full-scale assault on me, gitimate debate about strategy and con- misguided, and it is doing grave damage to because they feared what might happen if the sequences, the majority has chosen to waste our extraordinarily professional and globally American people actually had an opportunity the time of this body and the American people admired all-volunteer United States Army. To to consider an alternative point of view. If they by bringing forth a blatantly political resolution stand by while this damage is done is not pa- could shout me down, they could silence any- that is difficult to take seriously. My colleague triotic. It is not supportive. It is not tough on one’s question about the evidence before from Pennsylvania, a Vietnam veteran deco- terrorism, or strong on national security. waging war. rated with two Purple Hearts and a Member of Because I am proud of our men and women In the last 24 hours, a similar campaign has the House for three decades, Mr. MURTHA, in uniform, and because I am committed to been launched against Representative JOHN yesterday offered a well thought out, principled working with all of my colleagues to make this MURTHA of Pennsylvania. Here is an es- resolution calling for the redeployment of the country more secure, I am convinced that we teemed Member of Congress, a decorated forces in Iraq at the ‘‘earliest practicable date.’’ must change our course and I commend Mr. combat veteran, a conservative known for his In addition, despite what some in the majority MURTHA for standing up for what is right. strong stand on defense, and the Republicans have characterized during today’s debate as Ms. WOOLSEY. Mr. Speaker, what the Re- and their cronies launch an offensive that, cutting and running, Mr. MURTHA’s resolution publicans have done today is nothing more itself, is offensive. calls for a continued military presence in the than a cheap political trick . . . a clever but Representative JOHN MURTHA stood up yes- region through the deployment of a quick-re- appallingly undemocratic way for the Repub- terday and spoke on behalf of the American action force and an over-the-horizon presence lican majority to trash an honorable Amer- people. He called for the deployment of U.S. of U.S. Marines. Also, the resolution states ican—and decorated war veteran—simply be- soldiers out of Iraq, beginning immediately. He that the U.S. shall continue to pursue security cause he disagrees with them on the war in called for a diplomatic solution. And Repub- and stability in Iraq through diplomatic means. Iraq. licans and their surrogates have called him It is important to note that the word ‘‘imme- Yet, no one should be surprised. My 5-year every foul and offensive name imaginable. diate’’ does not appear anywhere in Mr. MUR- old grandson could have written this tired The conduct of the Republican Party and its THA’s resolution. Yet we find ourselves today script: whenever a Democrat criticizes a Re- surrogates is despicable, but it is out in the debating a resolution introduced by the chair publican policy, they attack your character and open for the first time. Now, the American of the House Armed Services Committee that question your patriotism. people understand the lengths to which the calls for the ‘‘immediate withdrawal’’ of Amer- And while we’re on the subject, let’s just Republican Party will go to silence dissent in ican troops. The fact that this was introduced ask: what is more patriotic than opposing an America. Now, the American people know that by the House Armed Services Committee and unjust war? What is more patriotic than trying there is a war being fought in America over the fact that he along with colleagues in the to save the lives of America’s soldiers? What the war in Iraq. majority will be voting against his own resolu- is more patriotic than questioning the Bush The American people are demanding an tion demonstrates not only the lack of clear Administration’s failed Iraq policy? end to the presence of U.S. soldiers in Iraq ideas from their side of the aisle but also a The American people deserve better than because the American people know there is lack of willingness to have a true debate. this. They deserve a thorough and substantive no such thing as a military victory in an urban, Today, the majority once again shunned debate on the war and a debate on the Mur- guerilla warfare. There is only occupation, and their responsibility in having an open debate tha resolution . . . not a bill that can’t be the American people want no part of that on the war in Iraq, and instead they and the amended and has been brought to the House flawed and futile mission. President continue to attack those who dis- floor for purely political reasons. The American people overwhelming want a agree with them by questioning their patriot- Mr. Speaker, a group of Democrats has solution for Iraq that is negotiated by dip- ism. Rather than engaging in an open dia- written a discharge petition to bring the Home- lomats from the Arab world, not dictated by a logue to debate the issue, the majority chose ward Bound legislation, H. J. Res. 55, to the President from the western world. to engage in personal destruction and politi- House floor. Representative JOHN MURTHA has set forth cized the issue by voicing empty rhetoric. The discharge petition will allow 17 hours of a plan that resonates with the American peo- They chose to question the patriotism of those debate on this vitally important issue. And, in ple, and that’s what frightens the White who have served in uniform and who have sharp contrast to the bill the Republicans intro- House. Therefore, the attacks will not stop un- honorably served their country. And they duced today, it would be brought up under an less and until Republicans can silence dissent chose to continue to hide from the American open rule that allows amendments to be intro- in America. public the facts of this war. duced to the bill. There is a plan now for winning the peace Ms. EDDIE BERNICE JOHNSON of Texas. The fact that the other party refuses to have in Iraq. It may have been submitted by a Mr. Speaker, on November 17, 2005, my dis- this debate—and the insults that have been Member of Congress, but it is the voice and tinguished colleague from Pennsylvania, Mr. hurled at Mr. MURTHA over the last 24 hours— will of the American people. The American MURTHA, the ranking Democrat on the De- are an affront to our very democracy. I urge people get it: You are not strong on defense, fense Appropriations Subcommittee—a 27 my colleagues on the other side to repudiate by strong arming a defenseless—and sense- year Marine and a veteran of 3 tours in Viet- these appalling tactics and hold a real debate less—war. nam—announced that he was introducing a on this issue. I support the Murtha plan to win the peace resolution that was meant to stimulate a Mr. FRELINGHUYSEN. Mr. Speaker, I sup- in Iraq. thoughtful and profound debate on how we port the rule and oppose the underlying reso- Mr. UDALL of New Mexico. Mr. Speaker, for salvage a failed policy in Iraq. lution. over 2 years, the Bush administration has Recently, a Texas soldier became the Calling for an immediate withdrawal, or even failed to offer the American people a truthful 2,000th member of the U.S. armed forces to a detailed planned phased withdrawal, from and meaningful dialogue on the war in Iraq. die in Iraq since the conflict there began in Iraq is a recipe for disaster, a dangerous de- We have lost thousands of troops and we March 2003. Like any milestone, the death of fense policy, the wrong message for our sol- have spent billions of dollars, and yet the that soldier is an occasion to look back and diers and Marines who are truly doing the President refuses to offer a credible strategy see what lessons can be learned from our ‘work of freedom.’ for success. The President has misled the country’s bitter sacrifice in Iraq over the past Frankly, I am concerned that such talk will public and he refuses to acknowledge the 21⁄2 years. One such lesson, underlined anew only embolden the terrorists and demoralize truth of the reality in Iraq. by the continuing deaths of Americans and our warfighters—those who put their lives on Hundreds of Members of Congress and mil- Iraqis, is the need to limit our country’s com- the line, literally every day. lions of Americans have voiced very serious mitment to Iraq. Domestic politics should not trump our and very real concerns with the decisions Instead of creating a significant dialogue on promises to the people of Iraq and Afghani- being made by the White House. Although I this issue, Republican leadership has chosen stan that we would be loyal to their aspirations voted against the war, once the President took to divide this House by generating phony, cyn- for freedom—that we would see them through

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This administration and flawed policy wrapped in illusion.’’ home!’’ its congressional allies hyped the threat and The Republican Leadership has rigged this Mr. Speaker, we have to choose where we manipulated American intelligence about Iraq’s debate to serve their own political interests. I want to fight the global war on terrorism—in nuclear program and its alleged connection to believe that the Murtha resolution calling for Iraq and Afghanistan or on Main Street in al Qaeda. withdrawal is the right policy going forward, America. Today, there is only one question about our though we should continue to debate timing And we must never forget that it is our occupation of Iraq. It weighs on the minds of and benchmarks. A vote against the Murtha brave young warfighters—men and women of almost all Americans, especially those with resolution, if it were offered, could be inter- the Army, Marines, Navy and Air Force—who loved ones in the military. That question is, preted as support for the Administration’s are taking the fight to the terrorists overseas! simply, when and under what conditions will flawed and failed ‘‘stay the course’’ policy. They are all volunteers—doing the we withdraw our troops and bring them home? JACK MURTHA is on the right track. The unheralded work of rebuilding shattered na- Opinions differ. After 21⁄2 years, over 2,000 President is not. Our national security and the tions. deaths and 15,000 wounded, millions of Amer- lives and well-being of our troops depend on If not for their service, Saddam Hussein icans and many Members of Congress believe changing course, not doing the same old thing would still be in power with all his trappings— it is time for us to start the process of with- in Iraq. the secret police, the torture chambers, the drawal from Iraq. Some believe in a date cer- If the Murtha Resolution had been brought mass graveyards. God bless these young peo- tain for beginning or completing the with- to the floor today, I would have voted in favor ple. drawal. Some believe our withdrawal should of it. If not for their service, Iraq would be a na- be tied to achievement of certain benchmarks Ms. BERKLEY. Mr. Speaker, I voted to give tion engulfed in civil war or in the hands of fa- of progress. President Bush appears to be- President Bush the authority to go into Iraq. I’m not on the left; I’m not on the right. I’m on natical terrorists. lieve that only total ‘‘victory over the terror- the side of our country and I’m on the side of The targets of these terrorists are more ists,’’ whatever that is, would justify with- our troops. I can’t imagine why the Repub- often than not other Muslims—worshippers at drawal. Friday prayers inside their mosque slaugh- The historic task of this Congress in foreign licans have brought this Bush-Hunter resolu- tion to the floor. How does this help our troops tered by suicide bombers—today—and mod- policy is to participate in a constructive debate serving in Iraq? How does this help make our erate Muslims who reject their extremist views that will inform the decisions of the administra- and work to provide for their families, run busi- Nation safer? tion and others. For the past two years, the Republicans nesses or serve in the government. Indeed, The Republican leadership has dishonored have taken any criticism of this war and la- the terrorists’ victims include thousands of the people’s House by foregoing debate on al- beled it as unpatriotic and as an attack on our Muslims in Iraq—many killed simply because ternatives, not just debate but hearings, in troops. Criticizing the way the war has been they’ve chosen to be free. favor of bringing one resolution to the floor in prosecuted—criticizing the way it has been Mr. Speaker, with our support, the Iraqis the hope of dividing critics of the administra- bungled—is not unpatriotic. It is the ultimate have made great progress. They established tion’s ‘‘stay the course’’ war strategy. act of patriotism. an interim government. They elected members I voted against giving President Bush the JOHN MURTHA is a 37-year veteran of the of a constitutional conference. They’ve drafted authority to invade Iraq without building a Marine Corps. He served in Vietnam. He was a constitution and conducted a referendum to broad international coalition and obtaining ex- awarded the bronze star. He received two pur- endorse that constitution. And in 3 weeks, plicit U.N. authority. I did not believe he would ple hearts. Now Mr. MURTHA has provoked an they will hold a full-fledged parliamentary elec- do anything, given the authority from Con- important debate—one we should be having in tion. gress, but rush to war. And that is what he this body. Mr. MURTHA has the right to have None of this would have been possible with- did. these ideas discussed. Our troops have the out the contribution of our young warfighters. No Member of Congress is more respected right to have these ideas discussed. The Of course, at times like these, we are re- or more knowledgeable about the American American public has the right to have these minded that freedom is not free. America has military than JACK MURTHA of Pennsylvania. ideas discussed. paid a heavy price. His statement yesterday calling for withdrawal We send young men and women to war. Many of us visit soldiers at Walter Reed of our troops from Iraq, including his convic- We are responsible for them. We must be dili- Army Medical Center and the Bethesda Naval tion that we cannot accomplish more militarily, gent in our oversight. That’s our duty. Medical Center on a regular basis. Many of us deserves thoughtful consideration. He will not What we are doing here tonight is a waste have attended painful funerals and comforted get that today. of time and does a tremendous disservice to grieving families. Time and again, those fami- Instead, JACK MURTHA, decorated Marine, our troops. Talk about patriotism—this is not lies of wounded soldiers speak proudly of their distinguished Member of Congress, has been patriotism. This is a cheap political stunt and loved ones’ service in Iraq—their humanitarian vilified by the Speaker of this House, who an affront to those serving our Nation so far efforts to protect the innocent, rebuild schools wrongly accused him of adopting ‘‘a policy of from home. and hospitals, repair the infrastructure of a cut and run’’ and preferring that ‘‘the United The President wants to stay the course. civil society. States surrender to the terrorists.’’ The White What does that mean? 700 attacks a week Let’s support our troops—and their families. House spokesman accused Mr. MURTHA of against our troops; no winning strategy; no And let’s applaud their service and heroism. endorsing ‘‘Michael Moore and the extreme plan; no end in sight. I urge adoption of this rule and the under- liberal wing of the Democratic Party.’’ Let us not embarrass ourselves any further, lying resolution. I doubt that JACK MURTHA knows Michael and vote against the Hunter resolution. Mr. ALLEN. Mr. Speaker, the Republican Moore, and no one here that I know ever Ms. LEE. Mr. Speaker, I am disgusted by leadership today demonstrates that they have called him a liberal. We call him Mr. MURTHA the course of events today. As the daughter of no sense of decency left. No question before because he is one tough Marine. a veteran of two wars I am offended and out- Congress requires a more measured, thought- If I were the author of his resolution, I would raged by this personal assault on decorated ful discussion than matters of war and peace. have written it somewhat differently. I would war veteran Congressman JOHN MURTHA. Our national security and the lives of our sol- have called for the withdrawal of American Mr. Speaker, the Republican majority has diers, sailors, airmen and marines depend on forces to begin next year and be concluded lost any sense of decorum or decency. Their our ability to fulfill our constitutional respon- except for a very small training force of advi- abuse of power is obscene. There will be a sibilities with dignity and respect. sors in 2007. We cannot allow Iraq to become reckoning though. Because the American peo- That measured, thoughtful discussion will a failed state where al Qaeda forces can be ple want accountability, not more Republican not occur today, because the Republican lead- trained with impunity. Therefore, some rapid cover-ups. The American people want hon- ership does not want it to occur. They want a reaction force in the region, as JACK MURTHA esty, not more misleading and manipulation. quick vote, with limited debate, on a same-day suggested, should be available. They want to end this unnecessary and resolution that they hope will divide Demo- But on the big picture, JACK MURTHA is right. senseless war, not a policy of ‘stay the course’ crats. They have taken Representative JACK Our troops have become not only the targets that has no goals, no benchmarks, no plans, MURTHA’s proposal, rewritten to make it irre- of the insurgents, but the inspiration for the in- and no end.

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The Republican majority’s effort in distorting on a bipartisan basis. To question JACK MUR- politics over policy at the expense of real de- and politicizing the resolution offered by a THA’S commitment—his patriotism to this na- bate on a critical national issue. decorated war veteran is nothing short of des- tion—or our troops is ludicrous. No one has Over 2,000 troops have been killed and picable. The reality is that these are desperate been as devoted as JACK to our men and over 15,500 have been seriously wounded. actions by a desperate majority and a des- women in the military—he’s made weekly vis- Reports indicate that at least 30,000 Iraqi civil- perate administration. This last minute effort its to Walter Reed, visits to Iraq and has ians have lost their lives due to this conflict. It isn’t about a debate on the issues the Murtha poured over the Defense Department’s own is a sad day for this country when, in re- resolution raises. It isn’t about how intelligence assessments of the situation on the ground in sponse to this crucial issue, the best the GOP was misused by the administration. But it Iraq. leadership can do is resort to backhanded po- should be. It isn’t about how we are going to I will vote against the GOP’s characteriza- litical stunts. bring our troops home. But it should be. This tion of Congressman MURTHA’S opinions on Mr. BLUMENAUER. Mr. Speaker, three resolution is just about politics. Iraq, because I cannot support personal, polit- years ago, I argued against the Bush Adminis- I support the Murtha resolution and this is ical attacks and I believe that we should have tration’s proposal to attack Iraq for the very not the Murtha resolution. Reject this cynical a free and open debate on this issue. reasons we have seen emerge from this trou- and disgraceful stunt from a party devoid of Mr. STARK. Mr. Speaker, I rise in strong bled region. We were prepared to defeat Sad- ideas on ending the war in Iraq and how to opposition to this Republican stunt and their dam Hussein’s military but the administration safely bring our troops home. I urge my col- efforts to embarrass a decorated Vietnam War and congressional leaders were never pre- leagues to vote ‘‘no’’ on the rule and ‘‘no’’ on Veteran. pared to win the peace. the resolution. Yesterday, Congressman JOHN MURTHA, a Not only was the premise for the war Mr. POMEROY. Mr. Speaker, today’s House Democrat with impeccable military credentials flawed, but the administration has made the debate on Iraq was sharply partisan and not and an honored military record, suggested that wrong military, political, and diplomatic choices what our soldiers deserve. Our future course U.S. troops leave Iraq at the earliest prac- at every turn. The members of our armed in Iraq must be determined thoughtfully and ticable date. Today, I cosponsored that resolu- services make up the finest fighting force in strategically. The partisan shouting match that tion. His knowledgeable and respected voice the world and they have done their duty with broke out was unnecessarily launched by joins the loud and clear pleas of the Out of great distinction and honor, yet the administra- House leaders who rushed to the floor a Iraq Caucus—of which I am a proud member. tion has failed them as well. flawed resolution which was more of a political His voice joins former generals, intelligence of- I take no satisfaction in my worst fears hav- stunt than a serious reflection of views in the ficers, Presidents, and mothers and fathers ing been proven correct. The administration’s Congress. across America who know that we are mired spectacular failures in executing this war have Our brave soldiers have put their lives on in a war that cannot be won and to truly honor set back our efforts against terrorism and left the line in serving in Iraq. Each of them de- our troops, we need to bring them home. America with no good options in Iraq. But, as serves so much more from Congress by way Unfortunately, tonight the Republican lead- our military is being not just frayed but dam- of effective leadership than the shrill squab- ership refused to bring Mr. Murtha’s resolution aged and Iraq faces increasingly difficult pros- bling that broke out on the House floor today. to a vote. I can only presume because Mr. pects for democracy and stability, staying the We need to come together on an exit strategy Murtha’s resolution made too much sense. In- course is simply not an option. for our soldiers based upon the transition of stead, the Republican leadership is offering a Until now, I have resisted advocating for an security to the Iraqis themselves in order to sham-resolution in an attempt to embarrass accelerated pullout because of my fear of the give the new democratic government of the and insult a member of Congress who has downward spiral that could occur in the after- people of Iraq a fair chance of success. served his country nobly in uniform—some- math. Yet this is a question that must be faced It is my hope the partisan screamers holding thing most of our colleagues on the other side sooner rather than later, and it’s hard to imag- forth on the House floor today would lower of the aisle know nothing about. ine a policy that would be more destabilizing their voices, travel to the area, learn as much Perhaps the Republican Leadership’s time than the administration’s current mismanage- as possible and then participate constructively would be better spent in an effort to finish the ment of the war effort and continued estrange- in the difficult decisions we face on Iraq. business of this country instead of wasting ment from reality. Ms. MATSUI. Mr. Speaker, the U.S. House hours attempting to besmirch the record of a There is no longer any basis for the hope of Representatives is sinking to a new low decorated Vietnam War Veteran and dema- that a sustained American military occupation today. What is happening on the floor is not gogue an issue that demands honest consid- will stabilize Iraq. Instead, we continue to lose intended to be an open and honest debate on eration. credibility and influence in the region and with our policy in Iraq. It is about the politics of per- Mr. THOMPSON of California. Mr. Speaker, our allies, as well as strengthen the hands of sonal destruction—a swift-boat attack by Con- I served in a war during which too many na- those extremists who wish to do us harm. gressional Republicans on a 37-year veteran tional leaders played too much politics. To- Even many of those who initially supported of the Marine Corps for giving his honest as- night is a disgraceful period in the history of military action have come to admit that the ad- sessment about the situation in Iraq. our great country and this House of Rep- ministration’s strategy has failed and that a Republicans will try to claim—falsely—that resentatives. large United States military presence inhibits this is about an idea, not a person—but every- To wage a political war against one of the the development of a stable and democratic one here in this room—whether or not they greatest military champions Congress has Iraq. Iraqis in key positions are arguing for at will admit it—knows the truth of what is going known is no less than unpatriotic. Advocates least some withdrawal of US. forces. Most tell- on today. This is about changing the subject of this measure are cheapening the job our ing is a recent poll of Iraqis themselves, com- and dodging responsibility. House Republicans brave men and women serving in Iraq are missioned by the British Ministry of Defense, are exposed and embarrassed by the Sen- doing; the men and women putting their lives which showed that 82 percent of Iraqis were ate’s recent vote to demand benchmarks from on the line to serve our country. ‘‘strongly opposed’’ to the presence of foreign the White House. The President refuses to Mr. Speaker, those who dreamed up this troops and less than 1 percent believe the level with the American people on Iraq, or strategy are derelict in their duties, absent their presence is helping to improve security. present his ideas, and apparently House Re- without leave from their duty station; and peo- Iraq’s future depends on creating a secure publicans are of the same mind. They would ple I wouldn’t want to share a foxhole with. space for politics and the rule of law to re- rather tear someone down. Ms. MOORE of Wisconsin. Mr. Speaker, H. place violence. This is a process at which only Our troops—putting their lives on the line— Res. 571 completely dishonors our troops by Iraqis themselves can succeed, with America deserve better from this country. Today is politicizing an issue that deserves careful de- and the international community playing a sup- clearly not about these brave men and liberation. The GOP leadership of this body porting role. Elections scheduled for Decem- women. It is about political attacks. has brought this counterfeit legislation to the ber provide the perfect opportunity to begin JACK MURTHA is one of the most respected floor not to benefit our brave men and women the withdrawal of American troops, a re- members of the U.S. Congress on U.S. mili- in uniform, but to score cheap political points. focused U.S. effort, and transfer of responsi- tary policy—an expertise he has built from his I fully support legitimate initiatives which bility to Iraqis. first-hand knowledge of military and defense present a thoughtful strategy for withdrawing American forces should be redeployed out issues. He is a 37-year veteran of the Marine our troops from Iraq in a manner that secures of Iraq in two phases. First, let’s bring the Corps, who retired at the rank of colonel in their safety and Iraq’s future. I am a cospon- 46,000 National Guard and Reserve forces 1990. He is one of the most respected mem- sor of two resolutions which would support this home immediately. These elements in our bers of the U.S. Congress on the U.S. military, urgent objective. Yet this phony bill chooses total force have been most overburdened by

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They the rest of the American forces should be earned an unparalleled record as a champion are holding this House hostage and answering withdrawn over the next one to two years, for our troops and their families. his principled and heart-felt proposal with a based on a detailed plan for the sector by sec- JACK MURTHA is a retired Marine Colonel mean-spirited and empty resolution that is only tor transfer of security responsibility. The ma- with more than thirty years of distinguished one sentence, was not considered or debated, jority of these troops should be brought home. military service. He earned two Purple Hearts and was offered under the most egregious Others should be redeployed to Afghanistan to and a Bronze Star for action under enemy fire terms. create a larger security footprint and help pre- in Vietnam. He served as a USMC drill in- I will not be participating in this charade to- vent the reemergence of the Taliban. A small structor at Parris Island, South Carolina boot night; if I were, I certainly would vote against rapid-reaction force should be left in Kuwait camp. And as a foremost Congressional ex- this resolution. It is not meant to spark a legiti- that can protect against any destabilizing pert on defense matters, he has spent more mate debate over the Iraq war. It is a personal coups. than three decades helping to build a military attack rather than a policy statement. I find it The administration must reengage diplomati- force that is second to none in the entire reprehensible to subject this great and humble cally by seeking a new United Nations resolu- world. I have been proud to serve in Congress man to such indignity. tion that supports international efforts to sta- with JACK MURTHA for nearly ten years, and I While I do not necessarily agree that imme- bilize Iraq and by beginning a regional security had the honor of hosting him in my Congres- diate withdrawal from Iraq is the best course, dialogue with Iraq’s neighbors. We should also sional District and of joining him in visiting I respect the conclusion reached by Mr. MUR- work with the Arab League to facilitate a re- wounded veterans of the Iraq war at Walter THA through his soul-searching. Despite any newed effort towards a political solution within Reed Army Medical Hospital. disagreements any of us may have on policy, Iraq by engaging with nationalist faction lead- Yet despite his standing and stature, Con- we should not come together tonight to single ers who might be a force for stability in that gressman MURTHA has been viciously at- him out as the object of ridicule. I will not be country if U.S. troops were withdrawn. tacked by the Republican partisans for having a part of it, and I would hope that my col- We must also change the nature of our eco- the temerity to raise important questions about leagues would not either. I urge them to vote nomic assistance. By shifting reconstruction this Administration’s policies regarding Iraq. ‘‘no’’ on this shameful resolution. aid to Iraq away from large projects under- Yesterday, the Republican Speaker DENNIS Mr. SCHIFF. Mr. Speaker, yesterday my taken by foreign contractors towards small, lo- HASTERT, who never served in the military, colleague from Pennsylvania, a man whom I cally oriented projects run by Iraqis, we create called JACK MURTHA a coward. Other Repub- deeply respect and admire for his lifetime of jobs, give Iraqis a greater investment in their licans in Congress and the White House have service and sacrifice to the Nation, made a se- success, and minimize corruption and price- called JACK MURTHA a traitor and accused him rious statement about the prosecution of the gouging. of giving aid and comfort to the enemy. war effort by the President. His speech yester- President Bush’s model of ‘‘go it alone, do Mr. Speaker, the Republican attack machine day morning and the resolution that he intro- it cheap, and put it on a credit card’’ has not has gone too far. Regardless of one’s view of duced were heartfelt expressions that he no only led to grave instability in Iraq, it is crip- the Administration’s Iraq policies, Members of longer believes that we can stay the course in pling our ability to deal with the more serious this Congress deserve to offer their viewpoints Iraq. Mr. MURTHA believes that the continued strategic threats, from Iran and North Korea to without having their patriotism questioned. In- presence of American troops in Iraq has re- a terrorist movement that we have inadvert- deed, the American people deserve the ben- tarded Iraqi efforts to unify the country and ently strengthened. We must now do our best efit of vigorous debate about a war that has that Iraqis will not take the necessary steps to to salvage what we still can of American credi- cost us more than 2,000 soldiers killed, thou- restore security as long as American troops bility, military readiness, democratic ideals, sands more maimed and several hundred bil- remain in the country in large numbers. and Iraqi stability through a change in strategy lion dollars of public treasure expended. But instead of addressing the serious defi- and the beginning of a responsible phase- The Hunter Resolution is a cheap political ciencies in the Administration’s military strat- down of American troops and the orderly trick. It is not a serious attempt at crafting pub- egy, the majority offers this counterfeit resolu- transfer of authority to Iraqis. lic policy since Mr. HUNTER has said he in- tion that precludes any debate on how we can Mr. OWENS. Mr. Speaker, the definition of tends to vote against his own resolution. Rath- improve our chance of success in the war ef- ‘‘immediate termination of United States forces er than engage in this petty and deceitful cha- fort. in Iraq’’ must mean the following as set forth rade, the American people deserve a Con- Although there are differences within our by Representative JOHN MURTHA: gress that conducts the people’s business in a caucus as to what our course of action in Iraq ‘‘My plan calls: professional manner to address the challenges should be, we are united in our belief that the —To immediately redeploy U.S. troops con- facing our country here at home and around present course being followed by the adminis- sistent with the safety of U.S. forces. the world. tration is not working, and we must find a new —To create a quick reaction force in the re- I will vote against the Hunter Resolution. course. gion. Mr. KIND. Mr. Speaker, I would like to take But how have the Vice-President and the —To create over-the-horizon presence of this opportunity to express my deep dismay Republican Majority in this House treated the Marines. over the resolution being brought before the sincere misgivings of a man who has shed —To diplomatically pursue security and sta- House tonight. The leadership of this House blood for his country and been a staunch sup- bility in Iraq.’’ has responded to criticism of the war in Iraq porter of our men and women in the military? You may call this a position, a program, or by forcing a meaningless vote in order to They have launched a vicious smear attack on an exit strategy but this is the Murtha mes- shame the man who offered that critique, my Mr. MURTHA’s patriotism. Indeed they have sage which set in motion the current pro- good friend JACK MURTHA. gone so far as assert that anyone who ques- ceedings on the floor of the House of Rep- JACK is a patriotic American of the highest tions the wisdom of any aspect of their han- resentatives. This is the declaration heard order, contrary to the way our colleagues on dling of the war is unpatriotic, and willing to from Representative MURTHA by the American the other side of the aisle may try to portray give aid and comfort to the enemy. Unfortu- people and around the world. By all standards him. He has dedicated his life to the service nately, the administration’s inability to commu- of decency and by popular decree the Repub- of his Nation, defending it for 37 years as a nicate a clear strategy for success in Iraq has lican leadership is mandated to respect the marine and striving to make it a better place caused a great many Americans to question precedent setting language of this most de- through his 31 years as a Member of this insti- the Nation’s prosecution of the war—including tailed of all proposals for new and creative ac- tution. During that time, he has earned two some of the most devoted, most patriotic and tion in Iraq. purple hearts, a bronze star, and the Viet- most courageous of Americans. People like For this reason I urge all of my colleagues namese Cross of Gallantry and become one former Senator Max Cleland, and now JACK to vote ‘‘yes’’ on the resolution before us. of the most respected leaders on military and MURTHA. ‘‘That the deployment of United States forces Veterans issues from either party. But I believe that Senator CHUCK HAGEL has in Iraq be terminated immediately.’’ Rather than listening to the wise words of a it right—the willingness to question, to prod Mr. ETHERIDGE. Mr. Speaker, I rise in op- man who knows better than almost any of us and to probe our government is what pro- position to this resolution and in the strongest what our soldiers need in a time of war, many duces the best policy and leads to the best

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00114 Fmt 7634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11025 outcomes, in war as well as in peace. The DeLay Kelly Pickering Wasserman Weldon (FL) Wilson (SC) courage to question a powerful but imperfect Dent Kennedy (MN) Pitts Schultz Weldon (PA) Wolf Diaz-Balart, L. Kennedy (RI) Platts Waters Weller Woolsey government is much more the essence of pa- Diaz-Balart, M. Kildee Poe Watson Westmoreland Wu triotism than a coerced silence. Dicks Kilpatrick (MI) Pombo Watt Whitfield Wynn The administration’s prosecution of the war Dingell King (IA) Pomeroy Waxman Wicker Young (FL) Doggett King (NY) Porter Weiner Wilson (NM) effort has suffered from deficient planning that Doolittle Kingston Price (GA) ANSWERED ‘‘PRESENT’’—6 took the maxim of preparing for the worst and Doyle Kirk Price (NC) hoping for the best and turned it on its head. Drake Kline Pryce (OH) Capuano Hinchey Nadler It failed to consider how the Sunni minority Dreier Knollenberg Putnam Clay McDermott Owens Duncan Kolbe Radanovich NOT VOTING—22 would react to being stripped of its privileged Edwards Kucinich Rahall status, even as they underestimated the con- Ehlers Kuhl (NY) Ramstad Beauprez Fossella Northup sequences of decades of totalitarian rule and Emanuel Langevin Rangel Berman Gallegly Paul the atomization of Iraqi society under Saddam Emerson Lantos Regula Boswell Hall Peterson (PA) Engel Larsen (WA) Rehberg Boyd Jindal Shadegg Hussein. English (PA) Larson (CT) Reichert Camp Kind Towns Many of my colleagues and I have repeat- Eshoo Latham Renzi Cunningham LaHood Young (AK) edly called upon the President to do what Etheridge LaTourette Reyes Davis (AL) Miller, Gary Evans Leach Reynolds Flake Moran (KS) should have been done a long time ago by Everett Lee Rogers (AL) 2333 laying out a strategy and vision for success in Farr Levin Rogers (KY) b Iraq that will not condemn the Iraqi people to Fattah Lewis (CA) Rogers (MI) Mr. BOEHLERT and Mr. LINDER anarchy or turn Iraq into a haven for jihadis. Feeney Lewis (GA) Rohrabacher Ferguson Lewis (KY) changed their vote from ‘‘aye’’ to ‘‘no.’’ We have called for proper oversight of the war Ros-Lehtinen Filner Linder Ross So the resolution was not agreed to. effort by Congress to make certain that our Fitzpatrick (PA) Lipinski Rothman The result of the vote was announced troops in Iraq are properly equipped and that Foley LoBiondo Roybal-Allard as above recorded. Forbes Lofgren, Zoe Royce we are doing everything in our power to en- Ford Lowey A motion to reconsider was laid on sure their safety and success. Ruppersberger Fortenberry Lucas Rush the table. This House, this Congress and this Nation Foxx Lungren, Daniel Ryan (OH) Stated against: stand for the proposition that reasoned debate Frank (MA) E. Ryan (WI) Lynch Mr. BERMAN. Mr. Speaker, due to a death can produce wise policies that will best ‘‘pro- Franks (AZ) Ryun (KS) Frelinghuysen Mack Sabo in the family, I was unable to vote on H. Res. vide for the common defense, promote the Garrett (NJ) Maloney Salazar 571. Had I been present, I would have voted general welfare, and secure the blessings of Gerlach Manzullo Sa´ nchez, Linda ‘‘no.’’ liberty to ourselves and our posterity.’’ Mr. Gibbons Marchant T. Gilchrest Markey Mrs. NORTHUP. Mr. Speaker, unfortunately, Speaker, this resolution should be withdrawn. Sanchez, Loretta Gillmor Marshall Sanders I was unable to be present for the vote on The SPEAKER pro tempore. Pursu- Gingrey Matheson Saxton final passage of H. Res. 571, the resolution ant to House Resolution 572, the resolu- Gohmert Matsui Schakowsky that calls for an immediate withdrawal of our tion is considered read and the pre- Gonzalez McCarthy Schiff Goode McCaul (TX) troops from Iraq. I strongly oppose this resolu- vious question is ordered. Schmidt Goodlatte McCollum (MN) Schwartz (PA) tion and its underlying sentiment. Had I been The question is on the resolution. Gordon McCotter Schwarz (MI) present I would have voted ‘‘nay’’ on H. Res. Granger McCrery The question was taken; and the Scott (GA) 571. Speaker pro tempore announced that Graves McGovern Scott (VA) Green (WI) McHenry Sensenbrenner f the noes appeared to have it. Green, Al McHugh Sessions RECORDED VOTE Green, Gene McIntyre Shaw PREDISASTER MITIGATION PRO- Grijalva McKeon Mr. HUNTER. Mr. Speaker, I demand Shays GRAM REAUTHORIZATION ACT Gutierrez McMorris Sherman OF 2005 a recorded vote. Gutknecht McNulty Sherwood A recorded vote was ordered. Harman Meehan Shimkus Mr. SHUSTER. Mr. Speaker, I ask Harris Meek (FL) Shuster The vote was taken by electronic de- Hart Meeks (NY) unanimous consent that the Com- Simmons vice, and there were—ayes 3, noes 403, Hastert Melancon mittee on Transportation and Infra- Simpson Hastings (FL) Menendez answered ‘‘present’’ 6, not voting 22, as Skelton structure be discharged from further Hastings (WA) Mica follows: Slaughter consideration of the bill (H.R. 4324) to Hayes Michaud Smith (NJ) [Roll No. 608] Hayworth Millender- amend the Robert T. Stafford Disaster Smith (TX) Hefley McDonald Relief and Emergency Assistance Act AYES—3 Smith (WA) Hensarling Miller (FL) Snyder to reauthorize the predisaster mitiga- McKinney Serrano Wexler Herger Miller (MI) Sodrel Herseth Miller (NC) tion program, and for other purposes, Solis NOES—403 Higgins Miller, George and ask for its immediate consider- Souder Abercrombie Bonilla Chabot Hinojosa Mollohan Spratt ation in the House. Ackerman Bonner Chandler Hobson Moore (KS) The Clerk read the title of the bill. Aderholt Bono Chocola Hoekstra Moore (WI) Stark Akin Boozman Cleaver Holden Moran (VA) Stearns The SPEAKER pro tempore (Mr. Alexander Boren Clyburn Holt Murphy Strickland DANIEL E. LUNGREN of California). Is Allen Boucher Coble Honda Murtha Stupak there objection to the request of the Andrews Boustany Cole (OK) Hooley Musgrave Sullivan Baca Bradley (NH) Conaway Hostettler Myrick Sweeney gentleman from Pennsylvania? Bachus Brady (PA) Conyers Hoyer Napolitano Tancredo There was no objection. Baird Brady (TX) Cooper Hulshof Neal (MA) Tanner The Clerk read the bill, as follows: Baker Brown (OH) Costa Hunter Neugebauer Tauscher Baldwin Brown (SC) Costello Hyde Ney Taylor (MS) H.R. 4324 Barrett (SC) Brown, Corrine Cramer Inglis (SC) Norwood Taylor (NC) Be it enacted by the Senate and House of Rep- Barrow Brown-Waite, Crenshaw Inslee Nunes Terry resentatives of the United States of America in Bartlett (MD) Ginny Crowley Israel Nussle Thomas Congress assembled, Barton (TX) Burgess Cubin Issa Oberstar Thompson (CA) Bass Burton (IN) Cuellar Istook Obey Thompson (MS) SECTION 1. SHORT TITLE. Bean Butterfield Culberson Jackson (IL) Olver Thornberry This Act may be cited as the ‘‘Predisaster Becerra Buyer Cummings Jackson-Lee Ortiz Tiahrt Mitigation Program Reauthorization Act of Berkley Calvert Davis (CA) (TX) Osborne Tiberi 2005’’. Berry Cannon Davis (FL) Jefferson Otter Tierney SEC. 2. PREDISASTER HAZARD MITIGATION. Biggert Cantor Davis (IL) Jenkins Oxley Turner Bilirakis Capito Davis (KY) Johnson (CT) Pallone Udall (CO) Section 203(m) of the Robert T. Stafford Bishop (GA) Capps Davis (TN) Johnson (IL) Pascrell Udall (NM) Disaster Relief and Emergency Assistance Bishop (NY) Cardin Davis, Jo Ann Johnson, E. B. Pastor Upton Act (42 U.S.C. 5133(m)) is amended by strik- Bishop (UT) Cardoza Davis, Tom Johnson, Sam Payne Van Hollen ing ‘‘December 31, 2005’’ and inserting ‘‘Sep- Blackburn Carnahan Deal (GA) Jones (NC) Pearce Vela´ zquez tember 30, 2008’’. Blumenauer Carson DeFazio Jones (OH) Pelosi Visclosky Blunt Carter DeGette Kanjorski Pence Walden (OR) SEC. 3. STUDY REGARDING COST REDUCTION. Boehlert Case Delahunt Kaptur Peterson (MN) Walsh Section 209 of the Disaster Mitigation Act Boehner Castle DeLauro Keller Petri Wamp of 2000 (42 U.S.C. 5121 note; 114 Stat. 1571) is

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00115 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11026 CONGRESSIONAL RECORD — HOUSE November 18, 2005 amended by striking ‘‘3 years after the date that tasked FEMA with awarding grants to resentatives, I herewith designate Mr. of the enactment of this Act’’ and inserting states on a competitive basis to implement Gerasimos C. Vans, Deputy Clerk, to sign ‘‘September 30, 2007’’. predisaster mitigation plans. Again, in the any and all papers and do all other acts for Mr. OBERSTAR. Mr. Speaker, first I would wake of Hurricane Katrina as the Gulf Region me under the name of the Clerk of the House like to commend my colleagues on the Trans- which he would be authorized to do by virtue begins the long and difficult process of rebuild- of this designation, except such as are pro- portation and Infrastructure Committee, Chair- ing we can truly appreciate the importance of vided by statute, in case of my temporary man YOUNG, Subcommittee Chairman SHU- predisaster mitigation planning. Today, this bill absence or disability. STER and Subcommittee Democratic Ranking extends the authorization of this program for If Mr. Vans should not be able to act in my Member NORTON, for all of their work on this another three years and directs the Congres- behalf for any reason, then Ms. Marjorie C. important bill. H.R. 4324, Predisaster Mitiga- sional Budget Office (CBO) to conduct a study Kelaher, Assistant to the Clerk, should simi- tion Act Reauthorization Act of 2005, provides on the program’s effectiveness. larly perform such duties under the same funding for a competitive grant program to as- Mr. Speaker, I believe this is a good bill that conditions as are authorized by this designa- sist States and local governments in imple- will save both lives, property and taxpayer tion. These designations shall remain in effect menting cost-effective hazard mitigation activi- funds. I urge my colleagues to join me in sup- for the 109th Congress or until modified by ties that complement a comprehensive mitiga- porting the bill. me. tion program. The bill was ordered to be engrossed With best wishes, I am, The Predisaster Mitigation Grant Program and read a third time, was read the Sincerely, (PDM) will provide funds to states, and local third time, and passed, and a motion to KAREN L. HAAS, governments and communities for hazard miti- reconsider was laid on the table. Clerk of the House. gation planning and the implementation of f f mitigation projects prior to a disaster event. RESIGNATION AS CLERK OF Funding these plans and projects reduces APPOINTMENT OF HON. TOM HOUSE OF REPRESENTATIVES overall risks to the population and structures, DAVIS AND HON. FRANK R. while also reducing reliance on funding from The SPEAKER pro tempore laid be- WOLF TO ACT AS SPEAKER PRO actual disaster declarations. This program fore the House the following commu- TEMPORE TO SIGN ENROLLED funds activities like, the seismic strengthening nication from the Clerk of the House of BILLS AND JOINT RESOLUTIONS of buildings and infrastructure, the construction Representatives: THROUGH DECEMBER 6, 2005 of levees and the building of ‘‘safe rooms’’ in OFFICE OF THE CLERK, The SPEAKER pro tempore laid be- houses and other structures to protect against HOUSE OF REPRESENTATIVES, fore the House the following commu- Washington, DC, November 18, 2005. high winds. It is important to note that this pro- nication from the Speaker: Hon. J. DENNIS HASTERT, gram complements another Robert T. Stafford The Speaker, House of Representatives, Wash- WASHINGTON, DC, Disaster Relief and Emergency Assistance Act ington, DC. November 18, 2005. post mitigation program—the Hazard Mitiga- DEAR MR. SPEAKER: I am writing to tender I hereby appoint the Honorable TOM DAVIS tion Grant Program (HMPG) which provides my resignation as Clerk effective upon the and the Honorable FRANK R. WOLF to act as fund to reduce the risk of future damage, appointment of my successor November 18, Speaker pro tempore to sign enrolled bills hardship, loss or suffering in any area affected 2005. and joint resolutions through December 6, by a major disaster. It has been an honor to serve this Institu- 2005. tion, its people and the Nation for more than J. DENNIS HASTERT Over the last twenty-five years, this country 20 years. I leave knowing the incredible abil- Speaker of the House of Representatives has had over one thousand presidential dis- ity of the people who serve here and their The SPEAKER pro tempore. Without aster declarations in the United States and the commitment to the people they represent. Insular Territories. These disasters have cost I will especially depart with a deep sense of objection, the appointment is ap- our nation billions of dollars and taken an un- admiration and respect for the individuals proved. told number of lives. In the aftermath of Hurri- working in and with the Office of the Clerk. There was no objection. cane Katrina, Rita and Wilma, we have all be- I wish to thank them for their efforts over f the last seven years during my tenure as come acutely aware of the devastation natural Clerk of the House. COMMUNICATION FROM CHIEF OF disaster can bring. We know that these natural With best wishes, I am STAFF OF HON. WILLIAM J. JEF- disasters will continue to occur and bring dam- Sincerely, FERSON, MEMBER OF CONGRESS age and destruction but we also know that JEFF TRANDAHL. mitigation programs like the Predisaster Miti- The SPEAKER pro tempore. Without The SPEAKER pro tempore laid be- gation Program will help save lives and prop- objection, the resignation is accepted. fore the House the following commu- erty. There was no objection. nication from Nicole Venable, Chief of Staff of the Honorable WILLIAM J. JEF- According to the Multihazard Mitigation f Council of the National Institute of Building FERSON, Member of Congress: Sciences which conducted an independent APPOINTMENT AS CLERK OF CONGRESS OF THE UNITED STATES, study on the costs benefits of mitigation for HOUSE OF REPRESENTATIVES HOUSE OF REPRESENTATIVES, the Federal Emergency Management Agency The SPEAKER pro tempore. Pursu- November 18, 2005. Hon. J. DENNIS HASTERT, (FEMA)—mitigation saves lives and tax dol- ant to section 208 of the Legislative Re- organization Act of 1946 (2 U.S.C. 75a– Speaker, U.S. House of Representatives, Wash- lars. For every $1 spent from the United ington, DC. States Treasury for mitigation, we will save 1), and the order of the House of Janu- DEAR MR. SPEAKER: This is to notify you $3.65 for taxpayers when disaster strikes. Miti- ary 4, 2005, the Chair announces the formally, pursuant to Rule VIII of the Rules gation reduces property damage, reduces Speaker’s appointment as Clerk of the of the House of Representatives, that I have business interruption, reduces environmental House of Representatives Mrs. Karen L. been served with a grand jury subpoena for damage and most importantly, it reduces soci- Haas of Maryland. documents issued by the U.S. District Court for the Eastern District of Virginia. etal losses, including causalities and home- f After consultation with the Office of Gen- lessness. Moreover, the benefits of FEMA COMMUNICATION FROM THE eral Counsel, I have determined that compli- hazard mitigation grants significantly exceed CLERK OF THE HOUSE ance with the subpoena is inconsistent with their costs—by a 4 to 1 margin. In addition to The SPEAKER pro tempore laid be- the precedents and privileges of the House. providing broad-based benefits to society, Sincerely, FEMA hazard mitigation grants more than pay fore the House the following commu- NICOLE VENABLE, for themselves. Mr. Speaker, it is unmistakably nication from the Clerk of the House of Chief of Staff. Representatives: clear, mitigation is essential to reducing the f loss of lives and property in future natural dis- OFFICE OF THE CLERK, DISPENSING WITH CALENDAR asters. HOUSE OF REPRESENTATIVES, In October 2000, Congress passed the Dis- Washington, DC, November 18, 2005. WEDNESDAY BUSINESS ON Hon. J. DENNIS HASTERT, WEDNESDAY, DECEMBER 7, 2005 aster Mitigation Act of 2000 (DMA), which re- The Speaker, House of Representatives, Wash- authorized the Stafford Act and created sev- ington, DC. Mrs. BIGGERT. Mr. Speaker, I ask eral new programs. One of those new pro- DEAR MR. SPEAKER: Under Clause 2(g) of unanimous consent that the business grams was a Predisaster Mitigation Program Rule II of the Rules of the U.S. House of Rep- in order under the Calendar Wednesday

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00116 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11027 rule be dispensed with on Wednesday, departing Clerk of the House. We are going to TROOPS IN IRAQ AND DIRE December 7, 2005. miss Jeff who has given over 20 years of CONSEQUENCES The SPEAKER pro tempore. Is there faithful service to the United States Congress. Mr. FRANKS of Arizona. Mr. Speak- objection to the request of the gentle- After rising through the ranks in Member er, I ask unanimous consent to take woman from Illinois? and committee offices, in 1994 Jeff became a the Special Order time of the gen- There was no objection. principle assistant to the transition team of the tleman from Indiana (Mr. BURTON). f new Republican majority, helping to set up the The SPEAKER pro tempore. Is there TRIBUTE TO JEFF TRANDAHL first new majority in almost five decades. Jeff objection to the request of the gen- served as an assistant to the Clerk and then tleman from Arizona? (Mr. SHIMKUS asked and was given as the Acting Chief Administrative Officer of There was no objection. permission to address the House for 1 the House. In December 1998, I selected Jeff The SPEAKER pro tempore. Under a minute and to revise and extend his re- as my first officer appointment and the 32nd previous order of the House, the gen- marks.) Clerk of the House. Jeff was subsequently tleman from Arizona (Mr. FRANKS) is Mr. SHIMKUS. Mr. Speaker, obvi- elected by the House to four consecutive 2- recognized for 5 minutes. ously with the very exciting day that year terms. He served on four occasions as Mr. FRANKS of Arizona. Mr. Speak- we have had, to the Clerk, my 1-hour the presiding officer for the opening of the er, it has been a meaningful and his- Special Order changed to a 5-minute House, overseeing the seating of Members toric night. But it still deeply concerns Special Order, now to a 1-minute. and the election of the Speaker. me that there are Members of this body I just want to say thank you for the As the chief legislative official of the House, that have been constantly misin- work you have done. The 32nd Clerk of Jeff has been responsible for the daily legisla- forming the public about pre-war intel- the House, a native of Spearfish, South tive operations of the House from the day’s ligence on Iraq and demanding time- Dakota, again over 20 years of service. Journal to our voting system. He has led the tables for troop withdrawal. They seem We had a great reception last night House Page Program, which under Jeff’s lead- to be wholly unaware of the dire con- where your loyal supporters and ership was recognized as a top educational in- sequences of even talking about pulling friends and folks that have worked for stitution, and he has managed the House’s our troops out, let alone demanding it. Our brave men and women in uniform you were there to say thanks for a tre- historical, curatorial, and archival needs. have always fought desperately to pre- mendous effort. You give great credit Jeff has also been very instrumental in the serve those unalienable rights of life, to the professional staff and working in development of the Capitol Visitor Center liberty, and the pursuit of happiness what has to be a very challenging envi- project, especially the future exhibit space. endowed by the Creator Himself. And ronment, dealing with politicians and Jeff has provided valuable leadership to the that is exactly what they are doing our whims and our foibles. House Fine Arts Board, the Capitol Preserva- now in Iraq, and we should all be deep- b 2340 tion Commission, and the National Archives ly grateful for that. We want to thank him for that. He Advisory Committee on the Records of Con- Mr. Speaker, one of the things that I has brought great credit to that in a gress. am so desperately worried about is long line of Clerks who served honor- Jeff’s tenure as Clerk has coincided with ex- whether the people in this body and in ably, and we just wish for his successor traordinary events, including 9/11 and anthrax. this Republic truly understand what great success and blessings as she Thanks to Jeff and the other Officers of the we are facing, not only as a Nation, but takes on this great challenge in this House, the House was prepared with contin- as Western Civilization. new role. gency plans. Jeff was also instrumental in The question we must ask ourselves making the ceremonial session in New York BACKGROUND is not whether we can win this war. We City to mark the 1 year anniversary of 9/11 a 32nd Clerk of the House. must win this war. The question now is Native of Spearfish, South Dakota. tremendously moving and historical event. what will happen if we do not. Twenty years of House service. On both sides of the Capitol building and on Mr. Speaker, I am so concerned that Aide to: James Abdor (R–SD) in House and both sides of the aisle, Jeff is known for his this Nation does not yet understand Senate; Virginia Smith (R–NE); Pat Roberts fairness, his dedication, and his hard work. As that we are at war with an ideology, an (R–KS); Committees on Appropriations and I have said before, Republican and Demo- ideology that threatens the existence House Administration. cratic Members of Congress alike have enor- of the Free World. This war did not Assistant to the Clerk, Acting Chief Ad- mous respect for Jeff’s vast institutional knowl- ministrative Officer; Deputy Clerk; ap- begin on 9/11. This war began many pointed Clerk December 1998 and elected edge, his utter professionalism, and his ability years ago when certain Muslim extrem- Clerk 106th through 109th Congresses. to get things done—traits which have made ists embraced a divergent Islamist Graduate of University of Maryland. him a very effective and successful Clerk. dogma that dictates that all infidels Begins appointment as Executive Director I join my colleagues in wishing Jeff all the must die. of National Fish and Wildlife Foundation on best. Our Nation was first attacked during November 21, 2005. Mr. Speaker, on behalf of the Members and its very early beginnings in the late HIGHLIGHTS AS CLERK staff of the U.S. House of Representatives, I 1700s by the Barbary terrorists of the Guided major House information tech- express our sincere gratitude for Jeff’s long day. More recently, we were attacked nology initiatives to including introduction and faithful service. in 1979 in Iran. Our embassy and our of XML technology to standardize creation marine barracks were attacked in Bei- and exchange of legislative information. f rut in 1983. The first World Trade Cen- Oversaw creation and management of first ter attack was in 1993, Mr. Speaker; permanent and professional House curatorial SPECIAL ORDERS and archival services. and we still did not wake up to what Oversaw flourishing of House Page Pro- The SPEAKER pro tempore (Mr. was happening at the time. Our mili- gram with construction of new Page Resi- DANIEL E. LUNGREN of California). tary complexes and soldiers have been dence Hall, and enhanced academic status Under the Speaker’s announced policy targeted throughout the world. The and national recognition of the House Page of January 4, 2005, and under a previous Khobar Towers in Saudi Arabia in 1996. School. order of the House, the following Mem- Our embassies were blown up in Kenya Instrumental in creation of House Office of bers will be recognized for 5 minutes and Tanzania in 1998. We witnessed the Emergency Preparedness and leader in estab- each. attack on the USS Cole in 2000. Mr. lishing and improving continuity of oper- Speaker, 1 year later on September 11, ations planning for the House. f Implemented program to expand House terrorists murdered nearly 3,000 Amer- portraiture collection of historical House The SPEAKER pro tempore. Under a ican civilians on our own soil, and I figures, including the first woman, the first previous order of the House, the gen- wonder tonight have we forgotten that. African-American, and the first Hispanic- tleman from Indiana (Mr. BURTON) is Since then our soldiers and our con- American elected to Congress. recognized for 5 minutes. tractors have been kidnapped and exe- Implemented the first electronic filing pro- (Mr. BURTON of Indiana addressed cuted, their bodies mutilated and gram for the House. the House. His remarks will appear dragged through the streets. Mr. HASTERT. Mr. Speaker, I rise to ex- hereafter in the Extensions of Re- And we are not alone, Mr. Speaker. press my appreciation to Jeff Trandahl, the marks.) This has taken place throughout the

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00117 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11028 CONGRESSIONAL RECORD — HOUSE November 18, 2005 world. In Serbia and Bosnia, soldiers, will it not get worse? Will it not just here and come to this conference that POWs, and civilians were beheaded by explode into civil war? We have already we are going to have in some hotel mujahideen. In Beslan, Russia, 186 chil- got that. And the question must be an- somewhere. It has to be called by the dren and 158 teachers and parents were swered as we talk about deployment Arab League. slaughtered in a terrorist assault from out of the country. This same thing could have pre- against a grade school. And just weeks At the same time, we have to decide vented the gulf war back in 1991. When ago, Mr. Speaker, in Indonesia, three to call on the Arab League or the Saddam Hussein went into Kuwait, the young girls on their way to school were Egyptians, to call together all the Arab League said before the Americans attacked and beheaded by Muslim ex- members of the community of Iraq: the attack, let us settle this among the tremists. Their names, Mr. Speaker, Sunnis, the Shiias, the Kurds, the Arab community. This is a fight among their names were Theresia, Ida, and Turkomens, the Assyrians. All of them us. Saddam Hussein thought he had Alfrita. need to come together in a conference fought in Iran because he was defend- Churches are being attacked. Pastors to resolve this. We have the idea that ing Kuwait and the Saudis, and he have been kidnapped, tortured, and be- we can go with a Western idea of a con- thought that they owed him some- headed. And it seems there is not a day stitution and that because it works thing. He said give me some money, that goes by without a suicide or a car here, we can just insert it into an Arab and they said no. And so he said all bomb attack in Iraq. culture that has never worked under right, then I am going to move in and We have witnessed the horrific bomb- those circumstances. take Kuwait. ings in Spain, London, Indonesia, Jor- It could have been resolved if we had b 2350 dan, and Israel. Rioters have com- the patience to let this happen and the pletely disrupted hundreds of cities in What we need to do is recognize how mentality in the White House that can France. Arabs have resolved problems for hun- allow Iraq to develop its own peaceful We simply cannot deny that we are dreds, thousands of years, if you will. society. We have removed Saddam Hus- fighting a war against enemies with an It is called reaching an atwa. sein. We are all glad, but we now must evil ideology that is bent on the de- If two villages, and this story was let the Arabs resolve the situation in a struction of the Western World. They told to me by an iman, a high ranking way that makes sense to them. Iraqi, he said many years ago two vil- are committed to killing us, Mr. f Speaker, and any others that hold in lages had a brother and sister and they REMEMBERING ILLINOIS REP- their mind to be infidels. married across these two towns. One Mr. Speaker, we truly are at war, and went to one village, the other went to RESENTATIVE JOHN ERLENBORN to undermine the sacrifice and blood- the other village. In one village the The SPEAKER pro tempore (Mr. bought advancement of our valiant wife was fertile and quickly had three DANIEL E. LUNGREN of California). American soldiers who are at this very children. In the other, the wife was Under a previous order of the House, moment fighting terrorists in Iraq and barren and had no children. The village the gentlewoman from Illinois (Mrs. across the world is unconscionable. made fun of her. They ridiculed her. BIGGERT) is recognized for 5 minutes. A nation divided against itself simply They said she was a terrible woman, Mrs. BIGGERT. Mr. Speaker, I rise cannot stand, Mr. Speaker. And those and the social pressure was so great today to remember a beloved former of us in this body, along with all Amer- that she killed herself by throwing her- Congressman from Illinois who passed icans, must unite against this evil. We self into the village well. away October 30, Representative John must win the war in Iraq. We must give Now under Arabic custom, that vil- Erlenborn. John was a member of this our troops unequivocal support and ev- lage that lost this woman has a right body for nearly 20 years. Throughout erything else in our power to help them to go and extract blood within 24 hours. his distinguished service in Congress, finish this job. Our troops have never As those two villages came together for he became an expert on labor and pen- failed us, and we must not fail them. this bloodletting that was going to sion issues and helped shape our Nation Mr. Speaker, if freedom is to survive, happen, they called and got them all to during a formative time in our history. to allow Islamist terrorists to declare sit down and they decided how they Born and raised in suburban Chicago, war and victory in Iraq is not an op- were going to resolve this situation. Mr. Erlenborn enlisted in the U.S. tion. We must win and we cannot leave The decision was made that the vil- Navy as a 17-year-old during World War before the job is done. Because if we lage that had had the young woman die II. He studied at the University of leave too soon, Mr. Speaker, we will in it would give $20,000 to the other vil- Notre Dame, Indiana University, the not be able to go on with our daily lage and that there would be no con- University of Illinois, and Loyola Uni- lives as we once did. Because the world tact between those villages for 20 versity in Chicago from which he later has truly changed. And those without years. They reached an atwa, A-T-W-A. received his law degree. conscience are relentlessly seeking to What that is in the Arabic culture is John went on to practice law at a destroy us, and we must not let them an arrangement, not a peace treaty. In firm he founded before he began his life ever have even the slightest hope of the West we think of peace treaties in public service as an assistant state’s victory. Not ever, Mr. Speaker. where I agree with you and you agree attorney for Illinois’ DuPage County. f with me, and we sign a bunch of pieces This inspired John to run for elected of paper. In the Arab culture where office. He went on to serve for 8 years DIPLOMATICALLY PURSUING STA- there is honor, people say I will stay in the Illinois General Assembly before BILITY AND SECURITY IN IRAQ here for 20 years and you will stay coming to Congress in 1965. The SPEAKER pro tempore. Under a there. John earned a spot as the Republican previous order of the House, the gen- The gentleman who told me the story ranking member of the House Edu- tleman from Washington (Mr. said I was there 20 years later when the cation and Labor Committee where he MCDERMOTT) is recognized for 5 min- money was brought back from the first became know as Mr. ERISA after avid- utes. village back to its original place. He ly working to pass the Employee Re- Mr. MCDERMOTT. Mr. Speaker, I said within 2 years, there were mar- tirement Income Security Act, which come to the well tonight after a long riages between the young people from created corporate pension plan stand- day of debate on whether or not we the two villages. Even though they ards that continue to protect American should redeploy our troops from Iraq. were 6 kilometers apart, for 20 years workers today. A careful reading of the gentleman there had been no contact. When John retired from Congress in from Pennsylvania’s resolution, had we Now, Arabs have been resolving these 1985, he did not leave behind his com- debated it, would have pointed out that kinds of things for thousands of years passion and motivation to help those the fourth point that he raised was in the desert. There is a way for the less fortunate than himself. Instead of that we have to diplomatically pursue Sunnis and the Shiias and the Kurds fully enjoying retirement, John contin- security and stability in Iraq. It is that and the Turkomens to come together, ued to give back and was appointed to issue I want to talk about because the but it cannot be driven by the United serve on the board of directors and se- question is always raised, If we leave, States. We cannot say you come over lected to serve as president of the

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00118 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11029 Legal Services Corporation Board, our soldiers coming home; that we are (Ms. MCKINNEY addressed the committing himself to help those who now sending troops that are at the C–4 House. Her remarks will appear here- needed legal services, but could not af- level, the lowest state of readiness; after in the Extensions of Remarks.) ford it. He also served as adjunct fac- 50,000 may suffer from battle fatigue. It ulty member of the Georgetown Uni- is important that we stand together for f versity Law Center. a solution to bring our troops home. John represented what is now my I voted ‘‘no’’ against the Hunter reso- ABLE DANGER congressional district, the 13th district lution because it was not a serious de- of Illinois. He was committed to help- bate. It was not a serious statement to The SPEAKER pro tempore. Under a ing those in need and represented his our soldiers, and I want them to know previous order of the House, the gen- constituents with honor and integrity. that I am willing to stay the course, tleman from Pennsylvania (Mr. Mr. Speaker, I am grateful for the but I want them to come home, and I WELDON) is recognized for 5 minutes. service John Erlenborn gave for the want them to come home now with a Mr. WELDON of Pennsylvania. Mr. State of Illinois and our Nation for so plan. And a plan has been offered by Speaker, I include material regarding many years. Mr. MURTHA in H.J. Res. 73, a plan that Able Danger for the RECORD: On behalf of this body, I extend my suggests that the troops should be in a HOUSE OF REPRESENTATIVES, deepest sympathies to the entire Erlen- small number in the region, but our Washington, DC, November 9, 2005. born family during this difficult time. troops in large numbers should come Hon. DONALD RUMSFELD, John Erlenborn lived a rich life. He home from Iraq. We must turn the gov- Secretary, Department of Defense, The Pen- never stopped giving to others even ernment of Iraq over to Iraq. tagon, Washington, DC. after his tenure in Congress, a model This is the debate we should have: DEAR SECRETARY RUMSFELD: We the under- for all of us. He will be deeply missed. H.J. RES.lll signed are formally requesting that you f To Redeploy U.S. Forces from Iraq. allow former participants in the intelligence The SPEAKER pro tempore. Under a IN THE HOUSE OF REPRESENTATIVES program known as Able Danger to testify in an open hearing before the United States NOVEMBER 17, 2005 previous order of the House, the gen- Congress. Until this point, congressional ef- tleman from Florida (Mr. MEEK) is rec- Mr. Murtha introduced the following joint forts to investigate Able Danger have been ognized for 5 minutes. resolution, which was referred to the Com- obstructed by Department of Defense insist- (Mr. MEEK of Florida addressed the mittee onlllllllll ence that certain individuals with knowledge House. His remarks will appear here- Whereas Congress and the American Peo- of Able Danger be prevented from freely and after in the Extensions of Remarks.) ple have not been shown clear, measurable frankly testifying in an open hearing. We re- progress toward establishment of stable and alize that you do not question Congress’s au- f improving security in Iraq or of a stable and thority to maintain effective oversight of ex- improving economy in Iraq, both of which ecutive branch agencies, including your de- STANDING TOGETHER FOR A SO- are essential to ‘‘promote the emergence of a LUTION TO BRING OUR TROOPS partment. It is our understanding that your democratic government’’; objection instead derives from concern that HOME Whereas additional stabilization in Iraq by classified information could be improperly U.S. military forces cannot be achieved with- Ms. JACKSON-LEE of Texas. Mr. exposed in an open hearing. We of course out the deployment of hundreds of thousands Speaker, I ask unanimous consent to would never support any activity that might of additional U.S. troops, which in turn can- compromise sensitive information involving take my Special Order at this time. not be achieved without a military draft; The SPEAKER pro tempore. Is there Whereas more than $277 billion has been national security. However, we firmly be- objection to the request of the gentle- appropriated by the United States Congress lieve that testimony from the appropriate woman from Texas? to prosecute U.S. military action in Iraq and individuals in an open hearing on Able Dan- There was no objection. Afghanistan; ger would not only fail to jeopardize national Whereas, as of the drafting of this resolu- security, but would in fact enhance it over The SPEAKER pro tempore. Under a the long term. This is due to our abiding be- previous order of the House, the gentle- tion, 2,079 U.S. troops have been killed in Op- eration Iraqi Freedom; lief that America can only better prepare woman from Texas (Ms. JACKSON-LEE) Whereas U.S. forces have become the tar- itself against future attacks if it under- is recognized until midnight. get of the insurgency; stands the full scope of its past failures to do Ms. JACKSON-LEE of Texas. Mr. Whereas, according to recent polls, over 80 so. Speaker, this was a day when many of percent of the Iraqi people want the U.S. On September 21, the Senate Committee on us had wished that we could have forces out of Iraq; the Judiciary conducted a hearing on Able taken a very serious step toward rede- Whereas polls also indicate that 45 percent Danger which Bill Dugan, Acting Assistant ploying our troops and bringing them of the Iraqi people feel that the attacks on to the Secretary of Defense for Intelligence U.S. forces are justified; Oversight, certified did not reveal any classi- home. I believe it is very important to Whereas, due to the foregoing, Congress speak to the American people for this fied information. Congressman Curt finds it evident that continuing U.S. mili- Weldon’s testimony at that hearing was brief moment by telling them of a tary action in Iraq is not in the best inter- story of a young woman I saw in a hos- largely based on the information that has ests of the United States of America, the been given to him by Able Danger partici- pital in Germany who had just been people of Iraq, or the Persian Gulf Region, pants barred from open testimony by DOD. which were cited in Public Law 107–243 as shipped from Iraq. She was burned Their testimony would therefore closely mir- justification for undertaking such action; from head to toe. She laid in a hospital ror that of Congressman Weldon, who did not Therefore be it bed; and, yes, as a soldier, she was val- reveal classified information. Therefore we Resolved by the Senate and House of Rep- are at a loss as to how the testimony of Able iant and courageous, and her only con- resentatives of the United States of America in cern was for her mother. Congress assembled, Danger participants would jeopardize classi- I use that example because we have That: fied information. Much of what they would present has already been revealed. Further heard it on the floor tonight, how our SECTION 1. The deployment of United soldiers want to go back into battle States forces in Iraq, by direction of Con- refusal to allow Able Danger participants to gress, is hereby terminated and the forces in- testify in an open congressional hearing can and how our soldiers want us to have only lead us to conclude that the Depart- the resolve to stay the course. volved are to be redeployed at the earliest practicable date. ment of Defense is uncomfortable with the But, Mr. Speaker, it is our responsi- SEC. 2. A quick-reaction U.S. force and an prospect of Members of Congress questioning bility as Members of Congress and pol- over-the-horizon presence of U.S. Marines these individuals about the circumstances icymakers whenever we send our sol- shall be deployed in the region. surrounding Able Danger. This would sug- diers into battle, we must send them SEC. 3. The United States of America shall gest not a concern for national security, but for the right reasons. pursue security and stability in Iraq through rather an attempt to prevent potentially em- We heard tonight that the American diplomacy. barrassing facts from coming to light. Such a consideration would of course be an unac- intelligence did not prove there were f ceptable justification for the refusal of a weapons of mass destruction, in fact, The SPEAKER pro tempore. Under a congressional request. there were none; that the troops are in previous order of the House, the gentle- Sincerely, fact fodder for the insurgents, and woman from Georgia (Ms. MCKINNEY) is CURT WELDON, health care is no longer promised to recognized for 5 minutes. JOHN P. MURTHA.

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WHY DID THE 9/11 COMMISSION IGNORE ‘ABLE Two members of Congress, Curt Weldon what other things might they have missed?’’ DANGER’? and Dan Burton, have also publicly stated This is a stinging indictment of the commis- (By Louis Freeh) that shortly after 9/11 attacks they provided sion by the 9/11 families. then-Deputy National Security Adviser Ste- The chairman of the Senate Judiciary It was interesting to hear from the 9/11 phen Hadley with a ‘‘chart’’ containing Committee, Arlen Specter, has led the way Commission again on Tuesday. This self-per- preattack information collected by Able dan- in cleaning up the 9/11 Commission’s unfin- petuating and privately funded group of lob- ger about al Qaeda. a spokesperson for the ished business. Amid a very full plate of re- byists and lawyers has recently opined on White House has confirmed that Mr. Hadley sponsibilities, he conducted a hearing after hurricanes, nuclear weapons, the Baltimore ‘‘recalled seeing such a chart in that time noting that Col. Shaffer and Capt. Phillpott Harbor Tunnel and even the New York sub- period but . . . did not recall whether he saw ‘‘appear to have credibility.’’ Himself and way system. Now it offers yet another ‘‘re- it during a meeting . . . and that a search of former prosecutor, Mr. Specter noted: ‘‘If M? port card’’ on the progress of the FBI and National Security Council files had failed to Atta and other 9/11 terrorists were identified CIA in the war against terrorism, along with produce such a chart.’’ before the attacks, it would be a very serious its ‘‘back-seat’’ take and some further unso- Thomas Kean, the chairman of the 9/11 breach not to have that information passed licited narrative about how things ought to Commission, reacted to Able Danger with along . . . we ought to get to the bottom of be on the ‘‘front lines.’’ the standard Washington PR approach. He it.’’ Indeed we should. The 9/11 Commission Yet this is also a good time for the country lashed out at the Bush administration and gets an ‘‘I’’ grade incomplete—for its derelic- to make some assessments of the 9/11 Com- demanded that the Pentagon conduct an ‘‘in- tion regarding Able Danger. The Joint Intel- mission itself. Recent revelation from the vestigation’’ to evaluate the ‘‘credibility’’ of ligence Committee should reconvene and, in military intelligence operation code-named, Col. Shaffer and Capt. Phillpott—rather than addition to Able Danger team members, we ‘‘Able Danger’’ have cast light on a missed demand a substantive investigation into should have the 9/11 commissioners appear as opportunity that could have potentially pre- what failed in the first place. This from a witnesses so the families can hear their ex- vented 9/11. Specifically, Able Danger con- former New Jersey governor who, along with planation why this doesn’t matter. cluded in February 2000 that military experts other commissioners, routinely appeared in had identified Mohamed Atta by name (and public espousing his own conclusions about 9/ Sent: Friday, November 11, 2005 9:21 AM maybe by photograph) as an al Qaeda agent 11 long before the commission’s inquiry was To: curtpa07 operating in the U.S. Subsequently, military completed and long before all the facts were Subject: USS COLE officers assigned to Able Danger were pre- in! This while dismissing out of hand the Our son Kenneth was the 1st killed on the vented from sharing this critical informa- major conflicts of interest on the commis- USS Cole when it was attacked. Every since tion with FBI agents, even though appoint- sion itself about obstructions to informa- President Bush came into office I’ve been ments had been made to do so. Why? tion-sharing within the intelligence commu- trying to get a meeting with him and the 17 There are other questions that need an- nity. families and the White House will not even swers. Was Able Danger intelligence pro- Nevertheless, the final 9/11 commission re- acknowledge. I’ve been saying things like vided to the 9/11 Commission prior to the fi- port, released on July 22, 2004, concluded you are now saying ever since the attacked nalization of its report, and, if so, why was it that ‘‘American intelligence agencies were happened and NO one in government will not explored? In sum, what did the 9/11 com- unaware of Mr. Atta until the day of the at- talk to us. The FBI has lied to us on several missioners and their staff know about Able tacks.’’ This now looks to be embarrassingly facts and my own Congressmen will do any- Danger and when did they know it? wrong. Yet amazingly, commission leaders thing for me except a meeting with the The Able Danger intelligence, if confirmed, acknowledged on Aug. 12 that their staff in President. President Clinton did nothing to is undoubtedly the most relevant fact of the fact met with a Navy officer 10 days before go after those that attacked the Cole and if entire post 9/11 inquiry. Even the most junior releasing the report, who ‘‘asserted that a he had of they would have uncovered numer- investigator would immediately know that highly classified intelligence operation, Able ous signs out there about what was going to the name and photo ID of Atta in 2000 is pre- Danger, had identified Mohammed Atta to be happen on 9/11. We sure would like to talk to cisely the kind of tactical intelligence the a member of an al Qaeda cell located in you. FBI has many times employed to prevent at- Brooklyn.’’ (Capt. Phillpott says he briefed JOHN CLODFELTER. tacks and arrest terrorists. Yet the 9/11 Com- them in July 2004.) The commission’s state- Sent: Friday, November 11, 2005 9:21 PM mission inexplicably concluded that it ‘‘was ment goes on to say that the staff deter- To: curtpa07 not historically significant.’’ This astound- mined that ‘‘the officer’s account was not Subject: Able Danger—9/11 Family Member ing conclusion—in combination with the sufficiently reliable to warrant revision of DEAR CONGRESSMAN WELDON: I write again failure to investigate Able Danger and incor- the report or further investigation,’’ and to thank you for all you are doing to uncover porate it into its findings—raises serious that the intelligence operation ‘‘did not turn challenges to the commission’s credibility the ‘‘Able Danger’’ story. I lost my brother out to be historically significant,’’ despite Pete on 9/11, and over the last 4 years I have and, if the facts prove out, might just render substantial corroboration from other sea- done what I could to educate myself on the the commission historically insignificant soned intelligence officers. ‘‘how’s, why’s and who’s’’ of 9/11. I attended itself. This dismissive and apparently unsup- the Commission hearings both in Wash- The facts relating to Able Danger finally ported conclusion would have us believe that ington, D.C. and New York City, and to be started to be reported in mid-August. U.S. a key piece of evidence was summarily re- frank . . . I thought the Commission was a Army Col. Anthony Shaffer, a veteran intel- jected in less than 10 days without serious farce. They may have reached recommenda- ligence officer, publicly revealed that the investigation. The commission, at the very tions that may prove worthy, but the agenda Able Danger team had identified Atta and least, should have interviewed the 80 mem- of some was all too obvious. I have felt from three other 9/11 hijackers by mid-2000 but bers of Able Danger, as the Pentagon did, the beginning that certain Commissioners were prevented by military lawyers from giv- five of whom say they saw ‘‘the chart.’’ But sat on the wrong side of the table, so to ing this information to the FBI. One week this would have required admitting that the speak. Now that you have uncovered Able later, Navy Capt. Scott J. Phillpott, a U.S. late-breaking news was inconveniently Danger, I want them all to sit as witnesses Naval Academy graduate who managed the raised. So it was grossly neglected and before Congress. Just who knew what and program for the Pentagon’s Special Oper- branded as significant. Such a half-baked who decided these most important findings ations Command, confirmed ‘‘Atta was iden- conclusion, drawn in only 10 days without to be ‘‘historically insignificant,’’ are ques- tified by Able Danger by January-February any real investigation, simply ignores what tions that must be answered. of 2000.’’ looks like substantial direct evidence to the The loss of Pete on 9/11 is something I deal On Aug. 18, 2005, the Pentagon initially contrary coming from our own trained mili- with every moment, of every day. Now that stated that ‘‘a probe’’ had found nothing to tary intelligence officers. we are 2 weeks from what would’ve been his back up Col. Shaffer’s claims. Two weeks No wonder the 9/11 families were outraged 47th birthday (one he shared with my sister, later, however, Defense Department officials by these revelations and called for a ‘‘new’’ Kathy), a week away from Thanksgiving, 5 acknowledged that its ‘‘inquiry’’ had found commission to investigate. ‘‘I’m angry that weeks from his favorite day of the year— ‘‘three more people who recall seeing an in- my son’s death could have been prevented,’’ Christmas . . . well, the heartache of his telligence briefing slide that identified the seethed Diane Horning, whose son Matthew murder is felt a bit deeper. ringleader of the 9/11 attacks a year before was killed at the World Trade Center. On On a personal note, Pete’s death on 9/11 the hijackings and terrorist strikes.’’ These Aug. 17, 2005, a coalition of family members was one tragedy from that day, but it is not same officials also stated that ‘‘documents known as the September 11 Advocates right- the only one. What his murder has done to and electronic files created by . . . Able Dan- ly blasted 9/11 Commission leaders Mr. Kean our family is quite another. There is no way ger were destroyed under standing orders and Lee Hamilton for pooh-poohing Able to explain how those terrorists ruined more that limit the military’s use of intelligence Danger’s findings as not ‘‘historically sig- than one life that day and there is no way to gathered about people in the United States.’’ nificant.’’ Advocate Mindy Kleinberg aptly express my anger at how life for us will Then, in September 2005, the Pentagon dou- notes, ‘‘They [the 9/11 Commission] somehow never again be the same. We struggle to find bled back and blocked several military offi- made a determination that this was not im- joy, we find it difficult to accomplish what cers from testifying at an open Congres- portant enough. To me, that says somebody once were ordinary tasks . . . but we do, and sional hearing about the Able Danger pro- there is not using good judgment. And if I’m thanks to our faith. I also believe we do be- gram. questioning the judgment of this one case, cause of public servants like you. Decent

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00120 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11031 elected officials who actually serve the pub- the United States; to the Committee on en- EXECUTIVE COMMUNICATIONS, lic instead of themselves. You have my fam- ergy and Commerce. ETC. ily’s backing and full support and we pray to S. 1785. An act to amend chapter 13 of title GOD that more and more elected officials 17, United States Code (relating to the vessel Under clause 8 of rule XII, executive join you in your fight to expose Able Danger hull design protection), to clarify the dis- communications were taken from the and in your fight to keep our Nation safe and tinction between a hull and a deck, to pro- Speaker’s table and referred as follows: secure, so no other family has to endure vide factors for the determination of the 5296. A letter from the Secretary, Commis- what we did on 9/11, and what we continue to protectability of a revised design, to provide sion of Fine Arts, transmitting in response endure since because of the acts of hate guidance for assessments of substantial simi- to OMB Memorandum 06-01, a report stating filled cowards. larity, and for other purposes; to the Com- that the Commission has not conducting any Thank you again Congressman Weldon and mittee on the Judiciary. competitive sourcing efforts in FY 2004, FY God bless! Please keep up the good fight on S. 1961. An act to extend and expand the 2005, and are not conducting any competi- Able Danger! Child Safety Pilot Program; to the Com- tions in FY 2006; to the Committee on Gov- You remain in our thought & prayers, as mittee on the Judiciary. ernment Reform. does our President and our Brave Troops! S. 1989. An act to designate the facility of 5297. A letter from the Acting Director, Of- Sincerely, the United States Postal Service located at fice of Sustainable Fisheries, NMFS, Na- A proud American, 57 Rolfe Square in Cranston, Rhode Island, tional Oceanic and Atmospheric Administra- JOHN P. OWENS, shall be known and designated as the ‘‘Holly tion, transmitting the Department’s final Loving brother of Peter J. Owens, Jr. A. Charette Post Office’’; to the Committee rule — Fisheries Off West Coast States and on Government Reform. in the Western Pacific; Pacific Coast f Groundfish Fishery; Specifications and Man- f LEAVE OF ABSENCE agement Measures; Inseason Adjustments ENROLLED BILL AND A JOINT [Docket No. 040830250-5062-03; I.D. 093005A] re- By unanimous consent, leave of ab- RESOLUTION SIGNED ceived October 25, 2005, pursuant to 5 U.S.C. sence was granted to: 801(a)(1)(A); to the Committee on Resources. Mr. BERMAN (at the request of Ms. Mr. Trandahl, Clerk of the House, re- 5298. A letter from the Deputy Asistant Ad- PELOSI) for today on account of a death ported and found truly enrolled a bill ministrator for Regulatory Programs, in the family. and a Joint Resolution of the House of NMFS, National Oceanic and Atmospheric Mr. GARY G. MILLER of California (at the following titles, which were there- Administration, transmitting the Adminis- tration’s final rule — Magnuson-Stevens Act the request of Mr. BLUNT) for today upon signed by the Speaker: Provisions; Fisheries off West Coast States after 4:00 p.m. on account of illness. H.R. 4326. An act to authorize the Sec- retary of the Navy to enter into a contract and in the Western Pacific; Pacific Coast f for the nuclear refueling and complex over- Groundfish Fishery; Specifications and Man- agement Measures; Inseason Adjustments; SPECIAL ORDERS GRANTED haul of the U.S.S. Carl Vinson (CVN–70). H.J. Res. 72. Joint resolution making fur- Correction [Docket No. 051014263-5263-01; I.D. By unanimous consent, permission to ther continuing appropriations for the fiscal 093005A] (RIN: 0648-AU00) received November address the House, following the legis- year 2006, and for other purposes. 8, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. lative program and any special orders f 5299. A letter from the Acting Director, Of- heretofore entered, was granted to: fice of Sustainable Fisheries, NMFS, Na- (The following Members (at the re- BILLS PRESENTED TO THE PRESIDENT tional Oceanic and Atmospheric Administra- quest of Mr. MCDERMOTT) to revise and tion, transmitting the Administration’s final extend their remarks and include ex- Jeff Trandahl, Clerk of the House re- rule — Fisheries of the Exclusive Economic traneous material:) ports that on November 18, 2005, he pre- Zone Off Alaska; Pacific Ocean Perch in the Mr. MEEHAN, for 5 minutes, today. sented to the President of the United Western Aleutian District of the Bering Sea and Aleutian Islands Management Area Mr. MCDERMOTT, for 5 minutes, States, for his approval, the following bills. [Docket No. 041126332-5039-02; I.D. 100605B] re- today. ceived October 28, 2005, pursuant to 5 U.S.C. Mr. MEEK of Florida, for 5 minutes, H.J. Res. 72. Making further continuing ap- 801(a)(1)(A); to the Committee on Resources. today. propriations for the fiscal year 2006, and for 5300. A letter from the Acting Director, Of- Mr. GEORGE MILLER of California, for other purposes. fice of Sustainable Fisheries, NMFS, Na- 5 minutes, today. H.R. 2419. Energy and Water Development tional Oceanic and Atmospheric Administra- Appropriations Act, 2006 Mr. SCHIFF, for 5 minutes, today. tion, transmitting the Administration’s final H.R. 2490. To designate the facility of the Ms. WOOLSEY, for 5 minutes, today. rule — Fisheries of the Exclusive Economic United States Postal Service located at 442 Zone Off Alaska; Atka Mackeral in the West- Mr. DEFAZIO, for 5 minutes, today. West Hamilton Street, Allentown, Pennsyl- ern Aleutian District of the Bering Sea and Mr. WYNN, for 5 minutes, today. vania, as the ‘‘Mayor Joseph S. Daddona Me- Aleutian Islands Management Area [Docket Mr. EMANUEL, for 5 minutes, today. morial Post Office’’. No. 041126332-5039-02; I.D. 100605C] received Ms. JACKSON-LEE of Texas, for 5 min- H.R. 2862. Departments of Commerce and October 23, 2005, pursuant to 5 U.S.C. utes, today. Justice, Science, and Related Agencies Ap- 801(a)(1)(A); to the Committee on Resources. Ms. MCKINNEY, for 5 minutes, today. propriations Act, 2006 5301. A letter from the Acting Director, Of- H.R. 3339. To designate the facility of the Mr. HINCHEY, for 5 minutes, today. fice of Sustainable Fisheries, NMFS, Na- United States Postal Service located at 2061 (The following Members (at the re- tional Oceanic and Atmospheric Administra- South Park Avenue in Buffalo, New York, as tion, transmitting the Administration’s final quest of Mrs. BIGGERT) to revise and the ‘‘James T. Molloy Post Office Building’’. rule — Fisheries of the Exclusive Economic extend their remarks and include ex- H.R. 4326. To authorize the Secretary of Zone Off Alaska; Pollock in Statistical Area traneous material:) the Navy to enter into a contract for the nu- 630 of the Gulf of Alaska [Docket No. Mr. FRANKS of Arizona, for 5 minutes, clear refueling and complex overhaul of the 041126333-5040-02; I.D. 100705B] received Octo- today. U.S.S. Carl Vinson (CVN–70). ber 28, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); Mrs. BIGGERT, for 5 minutes, today. f to the Committee on Resources. 5302. A letter from the Acting Director, Of- Mr. WELDON of Pennsylvania, for 5 ADJOURNMENT fice of Sustainable Fisheries, NMFS, Na- minutes, today. Mr. WELDON of Pennsylvania. Mr. tional Oceanic and Atmospheric Administra- Mr. FORTENBERRY, for 5 minutes, tion, transmitting the Administration’s final today. Speaker, pursuant to House Concurrent Resolution 307, 109th Congress, I move rule — Fisheries of the Economic Exclusive Mr. PEARCE, for 5 minutes, today. Zone Off Alaska; Atka Mackerel in the Ber- that the House do now adjourn. f ing Sea and Aleutian Islands Management The motion was agreed to. Area [Docket No. 041126332-5039-02; I.D. SENATE BILLS REFERRED The SPEAKER pro tempore. Pursu- 100705A] received October 28, 2005, pursuant ant to House Concurrent Resolution to 5 U.S.C. 801(a)(1)(A); to the Committee on Bills of the Senate of the following 307, 109th Congress, the House stands Resources. titles were taken from the Speaker’s adjourned until 2 p.m. on Tuesday, De- 5303. A letter from the Acting Director, Of- table and, under the rule, referred as cember 6, 2005. fice of Sustainable Fisheries, NMFS, Na- follows: tional Oceanic and Atmospheric Administra- S. 1418. An act to enhance the adoption of Thereupon (at midnight), pursuant to tion, transmitting the Administration’s final a nationwide interoperable health informa- House Concurrent Resolution 307, the rule — Magnuson-Stevens Fishery Conserva- tion technology system and to improve the House adjourned until Tuesday, De- tion and Management Act Provisions; Fish- quality and reduce the costs of health care in cember 6, 2005, at 2 p.m. eries of the Northeastern United States;

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00121 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11032 CONGRESSIONAL RECORD — HOUSE November 18, 2005 Northeast Multispecies Fishery; Closure of ant to 5 U.S.C. 801(a)(1)(A); to the Committee Hearing: ‘‘Restoring Faith in America’s Pas- the Regular B Days-at-Sea Pilot Program on Transportation and Infrastructure. time: Evaluating Major League Baseball’s [Docket No. 040804229-4300-02; I.D. 100305A] re- 5313. A letter from the Chief, Office of Reg- Efforts to Eradicate Steroid Use’’ (Rept. 109– ceived November 1, 2005, pursuant to 5 U.S.C. ulations and Administrative Law, USCG, De- 310). Referred to the Committee of the Whole 801(a)(1)(A); to the Committee on Resources. partment of Homeland Security, transmit- House on the State of the Union. 5304. A letter from the Acting Director, Of- ting the Department’s final rule — Special Mr. POMBO: Committee on Resources. S. fice of Sustainable Fisheries, NMFS, Na- Local Regulations for Marine Events; 229. An act to clear title to certain real prop- tional Oceanic and Atmospheric Administra- Willoughby Bay, Norfolk, VA [CGD05-05-098] erty in New Mexico associated with the Mid- tion, transmitting the Administration’s final (RIN: 1625-AA08) received November 14, 2005, rule — Fisheries of the Northeastern United pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- dle Rio Grande Project, and for other pur- States; Atlantic Sea Scallop Fishery; Frame- mittee on Transportation and Infrastruc- poses (Rept. 109–311). Referred to the Com- work Adjustment 17 [Docket No. 050520137- ture. mittee of the Whole House on the State of 5220-02; I.D. 050905F] (RIN: 0648-AT10) re- 5314. A letter from the Chief, Office of Reg- the Union. ceived November 8, 2005, pursuant to 5 U.S.C. ulations and Administrative Law, USCG, De- Mr. GINGREY: Committee on Rules. House 801(a)(1)(A); to the Committee on Resources. partment of Homeland Security, transmit- Resolution 572. Resolution providing for con- 5305. A letter from the Acting Director, Of- ting the Department’s final rule — Special sideration of the resolution (H. Res. 571) ex- fice of Sustainable Fisheries, NMFS, Na- Local Regulations; Strait Thunder Perform- pressing the sense of the House of Represent- tional Oceanic and Atmospheric Administra- ance, Port Angeles, WA [CGD13-05-009] (RIN: atives that the deployment of United States tion, transmitting the Administration’s final 1625-AA08) received November 14, 2005, pursu- forces in Iraq be terminated immediately rule — Fisheries off West Coast States and in ant to 5 U.S.C. 801(a)(1)(A); to the Committee and providing for consideration of the con- the Western Pacific; Coastal Pelagic Species on Transportation and Infrastructure. current resolution (H. Con. Res. 308) direct- Fisheries; Annual Specifications [Docket No. 5315. A letter from the Chief, Office of Reg- ing the Clerk of the House of Representa- 050819225-5257; I.D. 080505A] (RIN: 0648-AS59) ulations and Administrative Law, USCG, De- tives to make a technical correction in the received November 8, 2005, pursuant to 5 partment of Homeland Security, transmit- enrollment of H.R. 3058 (Rept. 109–312). Re- U.S.C. 801(a)(1)(A); to the Committee on Re- ting the Department’s final rule — Special ferred to the House Calendar. sources. Local Regulations for Marine Event; John H. 5306. A letter from the Acting Director, Of- Kerr Reservoir, Clarksville, VA [CGD05-05- Mr. TOM DAVIS of Virginia: Committee on fice of Sustainable Fisheries, NMFS, Na- 107] (RIN: 1625-AA08) received November 14, Government Reform. H.R. 3128. A bill to af- tional Oceanic and Atmospheric Administra- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the firm that Federal employees are protected tion, transmitting the Administration’s final Committee on Transportation and Infra- from discrimination on the basis of sexual rule — Fisheries of the Exclusive Economic structure. orientation and to repudiate any assertion to Zone Off Alaska; Pollock in Statistical Area 5316. A letter from the Chief, Office of Reg- the contrary (Rept. 109–313). Referred to the 630 of the Gulf of Alaska [Docket No. ulations and Administrative Law, USCG, De- Committee of the Whole House on the State 041126333-5040-02; I.D. 101705A] received No- partment of Homeland Security, transmit- of the Union. vember 8, 2005, pursuant to 5 U.S.C. ting the Department’s final rule — Special Mr. YOUNG of Alaska: Committee on 801(a)(1)(A); to the Committee on Resources. Local Regulations for Marine Events; Transportation and Infrastructure. H.R. 1631. 5307. A letter from the Acting Director, Of- Choptank River, Cambridge, MD [CGD05-05- A bill to provide for the financing of high- fice of Sustainable Fisheries, NMFS, Na- 105] (RIN: 1625-AA08) received November 14, speed rail infrastructure, and other purposes tional Oceanic and Atmospheric Administra- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the (Rept. 109–314 Pt. 1). Ordered to be printed. tion, transmitting the Administration’s final Committee on Transportation and Infra- rule — Fisheries of the Exclusive Economic structure. Mr. HYDE: Committee on International Zone Off Alaska; Pollock in Statistical Area 5317. A letter from the Program Analyst, Relations. H.R. 972. A bill to authorize appro- 610 of the Gulf of Alaska [Docket No. FAA, Department of Transportation, trans- priations for fiscal years 2006 and 2007 for the 041126333-5040-02; I.D. 101405B] received No- mitting the Department’s final rule — Revi- Trafficking Victims Protection Act of 2000, vember 8, 2005, pursuant to 5 U.S.C. sion of Jet Routes J-8, J-18, J-19, J-58, J-76, and for other purposes: with an amendment 801(a)(1)(A); to the Committee on Resources. J-104 and J-244; and VOR Federal Airways V- (Rept. 109–317 Pt. 1). Ordered to be printed. 5308. A letter from the President and Chief 60, V-190, V-263 and V-611; Las Vegas, NM DISCHARGE OF COMMITTEE Executive Officer, American Trucking Asso- [Docket No. FAA-2005-22421; Airspace Docket ciation, transmitting recommendations for No. 05-ASW-1] (RIN: 2120-AA66) received Oc- Pursuant to clause 2 of rule XII the an appointment to the National Surface tober 31, 2005, pursuant to 5 U.S.C. Committee on Armed Services and En- Transportation Policy and Revenue Study 801(a)(1)(A); to the Committee on Transpor- ergy and Commerce discharged from Commission; to the Committee on Transpor- tation and Infrastructure. tation and Infrastructure. 5318. A letter from the Program Analyst, further consideration of H.R. 972. 5309. A letter from the Chief, Office of Reg- FAA, Department of Transportation, trans- ulations and Administrative Law, USCG, De- mitting the Department’s final rule — Modi- f partment of Homeland Security, transmit- fication of Class E Airspace; Dodge City Re- ting the Department’s final rule — Safety gional Airport, KS [Docket No. FAA-2005- REPORTED BILL SEQUENTIALLY Zone; Lower Mississippi River, Above Head 21874; Airspace Docket No. 05-ACE-28] re- REFERRED of Passes, Mile Marker 134.7 to Mile Marker ceived October 31, 2005, pursuant to 5 U.S.C. 135.4, extending the entire width of the La- 801(a)(1)(A); to the Committee on Transpor- Under clause 2 of rule XII, bills and place Anchorage, LA [COTP New Orleans-05- tation and Infrastructure. reports were delivered to the Clerk for 016] (RIN: 1625-AA00) received September 8, 5319. A letter from the Program Analyst, printing, and bills referred as follows: 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the FAA, Department of Transportation, trans- Committee on Transportation and Infra- mitting the Department’s final rule — Modi- Mr. TOM DAVIS of Virginia: Committee on structure. fication of Class D and Class E Airspace; To- Government Reform. H.R. 2829. A bill to re- 5310. A letter from the Chief, Office of Reg- peka, Forbes Field, KS [Docket No. FAA- authorize the Office of National Drug Con- ulations and Administrative Law, USCG, De- 2005-21703; Airspace Docket No. 05-ACE-19] trol Policy Act, with an amendment (Rept. partment of Homeland Security, transmit- received October 31, 2005, pursuant to 5 109–315, Pt. I). Referred to the Committee on ting the Department’s final rule — Security U.S.C. 801(a)(1)(A); to the Committee on Education and the Workforce for a period Zones; Port Valdez and Valdez Narrows, Transportation and Infrastructure. ending not later than December 17, 2005, for Valdez, AK [COTP Prince William Sound 05- 5320. A letter from the Assistant Secretary consideration of such provisions of the bill 012] (RIN: 1625-AA87) received November 14, for Legislative Affairs, Department of Home- and amendment as fall within the jurisdic- 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the land Security, transmitting the Depart- tion of that committee pursuant to clause Committee on Transportation and Infra- ment’s report regarding its efforts in the 1(e), rule X. Ordered to be printed. structure. area of transportation security for the cal- Mr. TOM DAVIS of Virginia: Committee on 5311. A letter from the Chief, Office of Reg- endar year 2004, pursuant to 49 U.S.C. 44938(a) Government Reform. H.R. 3699. A bill to pro- ulations and Administrative Law, USCG, De- and (b); to the Committee on Homeland Se- vide for the sale, acquisition, conveyance, partment of Homeland Security, transmit- curity. and exchange of certain real property in the ting the Department’s final rule — Draw- f bridge Operation Regulations; Knapps Nar- District of Columbia to facilitate the utiliza- rows, Maryland [CGD05-05-124] (RIN: 1625- REPORTS OF COMMITTEES ON tion, development, and redevelopment of AA09) received November 14, 2005, pursuant PUBLIC BILLS AND RESOLUTIONS such property, and for other purposes, with to 5 U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XIII, reports of an amendment (Rept. 109–316, Pt. 1). Referred Transportation and Infrastructure. to the Committee on Energy and Commerce 5312. A letter from the Chief, Office of Reg- committees were delivered to the Clerk for a period ending not later than December ulations and Administrative Law, USCG, De- for printing and reference to the proper 17, 2005, for consideration of such provisions partment of Homeland Security, transmit- calendar, as follows: of the bill and amendment as fall within the ting the Department’s final rule — Special Mr. TOM DAVIS of Virginia: Committee on jurisdiction of that committee pursuant to Local Regulations for Marine Events; Spa Government Reform. Investigation Into clause 1(f) rule X; and to the Committee on Creek, Annapolis, MD [CGD05-05-104] (RIN: Rafael Palmeiro’s March 17, 2005 Testimony Transportation and Infrastructure for con- 1625-AA08) received November 14, 2005, pursu- at the Committee on Government Reform’s sideration of such provisions of the bill and

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amendment as fall within the jurisdiction of By Mr. BRADY of Texas: KING of Iowa, Mr. KINGSTON, Mr. that committee pursuant to clause 1(r) rule H.R. 4393. A bill to amend the Internal Rev- KLINE, Mr. KOLBE, Mr. LEWIS of Ken- X. Ordered to be printed. enue Code of 1986 to clarify the application of tucky, Mr. MARCHANT, Mr. MCHENRY, section 584(h) of such Code; to the Com- f Mr. MILLER of Florida, Mr. MURPHY, mittee on Ways and Means. Mrs. MUSGRAVE, Mrs. MYRICK, Mr. TIME LIMITATION OF REFERRED By Mr. CASTLE (for himself, Mr. NEUGEBAUER, Mr. PAUL, Mr. PENCE, BILL SCHWARZ of Michigan, Mr. Mr. PITTS, Mr. PUTNAM, Mr. RADANO- BLUMENAUER, and Mr. COSTA): VICH, Mr. RENZI, Ms. ROS-LEHTINEN, Pursuant to clause 2 of rule XII the H.R. 4394. A bill to alter the composition Mr. RYUN of Kansas, Mr. SHADEGG, following action was taken by the and terms of the Board of Directors of Am- Mr. SMITH of New Jersey, Mr. Speaker: trak, and for other purposes; to the Com- SOUDER, Mr. SULLIVAN, Mr. TIAHRT, H.R. 921. Referral to the Committee on mittee on Transportation and Infrastruc- Mr. TIBERI, Mr. WAMP, Mr. WELDON of Education and the Workforce extended for a ture. Florida, and Mr. WILSON of South period ending not later than December 17, By Mr. CONYERS: Carolina): H.R. 4395. A bill to amend titles XVIII and 2005. H.R. 4400. A bill to amend the Internal Rev- XIX of the Social Security Act to provide for H.R. 972. Referral to the Committee on the enue Code of 1986 to provide for a credit an improved voluntary Medicare prescrip- Judiciary extended for a period ending not which is dependent on enactment of State tion drug benefit, to provide greater access later than December 8, 2005. qualified scholarship tax credits and which is to affordable pharmaceuticals, and for other H.R. 1631. Referral to the Committee on allowed against the Federal income tax for purposes; to the Committee on Energy and Ways and Means extended for a period ending charitable contributions to education invest- Commerce, and in addition to the Committee not later than December 17, 2005. ment organizations that provide assistance on Ways and Means, for a period to be subse- H.R. 2829. Referral to the Committees on for elementary and secondary education; to quently determined by the Speaker, in each the Judiciary, Energy and Commerce, and the Committee on Ways and Means. case for consideration of such provisions as the Permanent Select Committee on Intel- By Mr. GIBBONS: fall within the jurisdiction of the committee ligence for a period ending not later than De- H.R. 4401. A bill to provide for the convey- concerned. cember 17, 2005. ance of certain public lands in and around By Mr. CROWLEY (for himself and Mr. H.R. 2830. Referral to the Committee on historic mining townsites in Nevada, and for GENE GREEN of Texas): other purposes; to the Committee on Re- Ways and Means extended for a period ending H.R. 4396. A bill to establish the National not later than December 6, 2005. sources. Vaccine Authority within the Department of By Mr. HINCHEY (for himself and Mr. H.R. 3699. Referral to the Committee on Health and Human Services; to the Com- Resources extended for a period ending not SANDERS): mittee on Energy and Commerce. H.R. 4402. A bill to establish the Hudson- later than December 17, 2005. By Mr. CROWLEY (for himself, Mr. Fulton-Champlain 400th Commemoration f BERMAN, Mr. BACA, and Mr. MCNUL- Commission, and for other purposes; to the TY): Committee on Government Reform. PUBLIC BILLS AND RESOLUTIONS H.R. 4397. A bill to ensure that the two top By Mr. HULSHOF (for himself and Mr. Under clause 2 of rule XII, public officials of the Federal Emergency Manage- TANNER): bills and resolutions were introduced ment Agency have extensive background in H.R. 4403. A bill to amend title XVIII of the emergency or disaster relief; to the Com- and severally referred, as follows: Social Security Act to clarify Congressional mittee on Transportation and Infrastruc- intent regarding the counting of residents in By Mr. HINCHEY: ture. a nonhospital setting under the Medicare H.R. 4387. A bill to amend the Internal Rev- By Mr. DAVIS of Alabama (for himself, Program; to the Committee on Ways and enue Code of 1986 to provide a credit to indi- Mr. BUTTERFIELD, and Mr. BISHOP of Means, and in addition to the Committee on viduals for charitable contributions of serv- Georgia): Energy and Commerce, for a period to be ices; to the Committee on Ways and Means. H.R. 4398. A bill to provide relief for Afri- subsequently determined by the Speaker, in By Mr. THOMAS: can-American farmers filing claims in the each case for consideration of such provi- H.R. 4388. A bill to amend the Internal Rev- cases of Pigford v. Veneman and Brewington sions as fall within the jurisdiction of the enue Code of 1986 to extend certain expiring v. Veneman; to the Committee on the Judici- committee concerned. provisions, and for other purposes; to the ary, and in addition to the Committee on Ag- By Mr. JEFFERSON: Committee on Ways and Means. riculture, for a period to be subsequently de- H.R. 4404. A bill to amend the Internal Rev- By Mr. MILLER of North Carolina (for termined by the Speaker, in each case for enue Code of 1986 to allow a credit against himself and Mr. CONYERS): consideration of such provisions as fall with- tax for qualified equity investments in com- H.R. 4389. A bill to amend the Federal Elec- in the jurisdiction of the committee con- panies affected by Hurricane Katrina; to the tion Campaign Act of 1971 to exempt news cerned. Committee on Ways and Means. stories, commentaries, and editorials distrib- By Mr. FITZPATRICK of Pennsylvania By Ms. KAPTUR (for herself, Mr. uted through the Internet from treatment as (for himself and Mr. BRADY of Penn- COSTELLO, Mr. DEFAZIO, Mr. DUNCAN, expenditures or electioneering communica- sylvania): Mr. EVERETT, Mr. GORDON, Mr. tions under such Act, and for other purposes; H.R. 4399. A bill to amend title XVIII of the GRIJALVA, Mr. HUNTER, Mr. JONES of to the Committee on House Administration. Social Security Act to extend the annual en- North Carolina, Mr. SMITH of New By Mr. LANGEVIN (for himself, Mr. rollment periods of the Medicare prescrip- Jersey, Mr. TAYLOR of Mississippi, SHAYS, Mrs. MCCARTHY, Ms. CORRINE tion drug benefit program and under the and Mr. FATTAH): BROWN of Florida, Mr. VAN HOLLEN, Medicare Advantage program, and to sus- H.R. 4405. A bill to require that, in cases in Ms. DELAURO, Mr. KENNEDY of Rhode pend Medicare prescription drug late enroll- which the annual trade deficit between the Island, Mr. CASE, Mr. WEXLER, Mr. ment penalties for two years after the initial United States and another country is MORAN of Virginia, Mr. LEWIS of enrollment period; to the Committee on $10,000,000,000 or more for 3 consecutive Georgia, Ms. SCHAKOWSKY, Ms. NOR- Ways and Means, and in addition to the Com- years, the President take the necessary steps TON, and Ms. WOOLSEY): mittee on Energy and Commerce, for a pe- to create a more balanced trading relation- H.R. 4390. A bill to ensure greater account- riod to be subsequently determined by the ship with that country; to the Committee on ability by licensed firearms dealers; to the Speaker, in each case for consideration of Ways and Means. Committee on the Judiciary. such provisions as fall within the jurisdic- By Mr. KENNEDY of Minnesota: By Mr. YOUNG of Alaska (for himself, tion of the committee concerned. H.R. 4406. A bill to amend title XVIII of the Mr. SHUSTER, Mr. BAKER, Mr. By Mr. FRANKS of Arizona (for him- Social Security Act to establish a criminal BOUSTANY, Mr. JINDAL, Mr. JEFFER- self, Mr. ADERHOLT, Mr. AKIN, Mr. penalty for defrauding individuals in connec- SON, Mr. MELANCON, and Mr. PICK- BARRETT of South Carolina, Mr. tion with enrollment under a prescription ERING): BARTLETT of Maryland, Mr. drug plan or under the Medicare Advantage H.R. 4391. A bill to authorize the President BEAUPREZ, Mr. BISHOP of Utah, Mr. Program; to the Committee on Ways and to provide disaster assistance for the repair, BLUNT, Mr. BOEHNER, Mr. CALVERT, Means, and in addition to the Committees on restoration, reconstruction, or replacement Mr. CANTOR, Mr. CHABOT, Mr. Energy and Commerce, and the Judiciary, of a privately-owned power transmission fa- CHOCOLA, Mr. COLE of Oklahoma, for a period to be subsequently determined cility damaged or destroyed by Hurricane Mrs. JO ANN DAVIS of Virginia, Mr. by the Speaker, in each case for consider- Katrina or Hurricane Rita; to the Committee DOOLITTLE, Mr. EHLERS, Mr. FEENEY, ation of such provisions as fall within the ju- on Transportation and Infrastructure. Mr. FERGUSON, Ms. FOXX, Mr. GAR- risdiction of the committee concerned. By Mr. ALLEN: RETT of New Jersey, Mr. GERLACH, By Mr. KILDEE: H.R. 4392. A bill to provide for the importa- Mr. GOODE, Mr. GREEN of Wisconsin, H.R. 4407. A bill to prohibit the entry into tion of pharmaceutical products under a Mr. GUTKNECHT, Mr. HAYWORTH, Mr. any bilateral or regional trade agreement, compulsory license as provided for under the HENSARLING, Mr. HOEKSTRA, Mr. and to prohibit negotiations to enter into World Trade Organization; to the Committee HOSTETTLER, Mr. ISTOOK, Mr. JINDAL, any such agreement, for a period of 2 years; on Ways and Means. Mr. JONES of North Carolina, Mr. to the Committee on Ways and Means.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00123 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H11034 CONGRESSIONAL RECORD — HOUSE November 18, 2005 By Mr. KING of New York (for himself, U.S. Citizenship and Immigration Services H.R. 4422. A bill to enhance homeland secu- Mr. PAUL, Mr. LATOURETTE, Mr. WIL- databases into a comprehensive database rity by preventing unauthorized access to ex- SON of South Carolina, Mr. DUNCAN, that allows real-time access to data, in order plosive materials stored by State or local Mr. KING of Iowa, Mr. TAYLOR of Mis- to improve customer service and enhance na- agencies; to the Committee on the Judiciary. sissippi, Mr. BARRETT of South Caro- tional security and public safety, and for By Mr. SMITH of New Jersey: lina, Mrs. EMERSON, Mr. LAHOOD, and other purposes; to the Committee on the Ju- H.R. 4423. A bill to encourage and facilitate Ms. GINNY BROWN-WAITE of Florida): diciary. the consolidation of security, human rights, H.R. 4408. A bill to amend title 4, United By Mr. MEEK of Florida (for himself democracy, and economic freedom in Ethi- States Code, to declare English as the offi- and Mr. RYAN of Ohio): opia; to the Committee on International Re- cial language of the Government of the H.R. 4413. A bill to amend the Truth in lations. United States, and for other purposes; to the Lending Act to provide for enhanced disclo- By Mr. STUPAK (for himself, Mr. Committee on Education and the Workforce, sure under an open end credit plan; to the RAMSTAD, Mrs. MCCARTHY, Mr. KEN- and in addition to the Committee on the Ju- Committee on Financial Services. NEDY of Rhode Island, Mr. BISHOP of diciary, for a period to be subsequently de- By Mr. MEEK of Florida (for himself Georgia, Mr. PALLONE, and Mrs. termined by the Speaker, in each case for and Mr. RYAN of Ohio): MALONEY): consideration of such provisions as fall with- H.R. 4414. A bill to amend the Electronic H.R. 4424. A bill to amend title 5, United in the jurisdiction of the committee con- Fund Transfer Act to require notice to the States Code, to make family members of cerned. consumer before any fee may be imposed by public safety officers killed in the line of By Mr. KINGSTON (for himself, Mr. a financial institution in connection with duty eligible for coverage under the Federal ENGEL, Mr. SAXTON, Mr. BISHOP of any transaction for any overdraft protection employees health benefits program, and for New York, Mr. GILCHREST, Mr. INGLIS service provided with respect to such trans- other purposes; to the Committee on Govern- of South Carolina, Mr. PRICE of Geor- action, and for other purposes; to the Com- ment Reform. gia, Mr. BISHOP of Georgia, Mr. BUR- mittee on Financial Services. By Mr. SULLIVAN (for himself, Mr. TON of Indiana, Mr. PENCE, Mr. BAR- By Mr. MEEK of Florida (for himself TERRY, Mr. FRANKS of Arizona, and ROW, Mrs. JOHNSON of Connecticut, and Mr. RYAN of Ohio): Mr. HAYWORTH): H.R. 4415. A bill to establish a fair order of Mr. TERRY, Mr. TANCREDO, Mr. BACH- H.R. 4425. A bill to amend the Tele- posting checks and deposits to prevent un- marketing and Consumer Fraud and Abuse US, Mr. PITTS, Mr. BURGESS, Mr. just enrichment of financial institutions Prevention Act to apply to charities only if WESTMORELAND, Mr. LINDER, Mr. from fees that accrue only by virtue of the the solicitation of such charities involves CHABOT, Mr. CONAWAY, Mr. WILSON of order used by the institution for posting fraud or deception; to the Committee on En- South Carolina, Mrs. KELLY, Mr. checks and deposits, and for other purposes; ergy and Commerce. DEAL of Georgia, Mr. RENZI, and Mr. to the Committee on Financial Services. By Mr. THOMPSON of Mississippi: EHLERS): H.R. 4409. A bill to promote the national By Ms. MILLENDER-MCDONALD: H.R. 4426. A bill to designate the United security and stability of the United States H.R. 4416. A bill to reauthorize perma- States Courthouse to be constructed in Jack- economy by reducing the dependence of the nently the use of penalty and franked mail son, Mississippi, as the ‘‘R. Jess Brown United States on foreign oil through the use in efforts relating to the location and recov- United States Courthouse‘‘; to the Com- of alternative fuels and new vehicle tech- ery of missing children; to the Committee on mittee on Transportation and Infrastruc- nologies, and for other purposes; to the Com- Government Reform, and in addition to the ture. mittee on Energy and Commerce, and in ad- Committee on House Administration, for a By Mr. THOMPSON of Mississippi (for dition to the Committees on Science, Ways period to be subsequently determined by the himself, Mr. ALEXANDER, Mr. JEFFER- and Means, Transportation and Infrastruc- Speaker, in each case for consideration of SON, Mr. POE, Ms. JACKSON-LEE of ture, and Government Reform, for a period such provisions as fall within the jurisdic- Texas, and Mr. TAYLOR of Mis- to be subsequently determined by the Speak- tion of the committee concerned. sissippi): H.R. 4427. A bill to direct the Secretary of er, in each case for consideration of such pro- By Mr. MOLLOHAN: H.R. 4417. A bill to provide for the rein- Homeland Security to establish a database of visions as fall within the jurisdiction of the statement of a license for a certain Federal small businesses for purposes of consultation committee concerned. Energy Regulatory project; to the Com- by Federal agencies prior to awarding con- By Mr. LARSON of Connecticut (for mittee on Energy and Commerce. tracts relating to declared emergencies; to himself, Ms. DELAURO, Mrs. MCCAR- By Mr. PEARCE: the Committee on Transportation and Infra- THY, Mr. DOYLE, Mr. STUPAK, Mr. WU, H.R. 4418. A bill to direct the Secretary of structure, and in addition to the Committee Mr. DOGGETT, Mr. MCDERMOTT, Mr. the Interior to establish a rural water supply on Government Reform, for a period to be JEFFERSON, Mr. BECERRA, Mr. program in the Reclamation States to pro- subsequently determined by the Speaker, in CAPUANO, and Mr. RYAN of Ohio): vide a clean, safe, affordable, and reliable each case for consideration of such provi- H.R. 4410. A bill to amend part D of title water supply to rural residents; to the Com- sions as fall within the jurisdiction of the XVIII of the Social Security Act to extend mittee on Resources. committee concerned. the initial enrollment period for Medicare By Mr. PORTER (for himself, Mr. By Mr. TIBERI: prescription drug benefits through May 15, SHADEGG, Mr. HAYWORTH, Mr. RENZI, H.R. 4428. A bill to clarify the status of re- 2008, to waive penalties for late enrollment Mr. FLAKE, Ms. BERKLEY, Mr. GIB- tirement benefits provided by the Young before June 1, 2008, and to provide other ad- BONS, and Mr. FRANKS of Arizona): Women’s Christian Association Retirement ditional beneficiary protections; to the Com- H.R. 4419. A bill to repeal the perimeter Fund under the benefit accrual standards of mittee on Energy and Commerce, and in ad- rule for Ronald Reagan Washington National the Employee Retirement Income Security dition to the Committee on Ways and Means, Airport, and for other purposes; to the Com- Act of 1974 and the Internal Revenue Code of for a period to be subsequently determined mittee on Transportation and Infrastruc- 1986; to the Committee on Education and the by the Speaker, in each case for consider- ture. Workforce, and in addition to the Committee ation of such provisions as fall within the ju- By Mr. SANDERS (for himself and Mr. on Ways and Means, for a period to be subse- risdiction of the committee concerned. KUCINICH): quently determined by the Speaker, in each By Mr. LEACH (for himself, Mr. PENCE, H.R. 4420. A bill to repeal tax subsidies en- case for consideration of such provisions as Mr. BACHUS, Mr. OSBORNE, Mr. PITTS, acted by the Energy Policy Act of 2005 for oil fall within the jurisdiction of the committee Mr. BOEHLERT, Mr. GILLMOR, Mr. and gas, to repeal certain other oil and gas concerned. GILCHREST, Mr. ROGERS of Michigan, subsidies in the Internal Revenue Code of By Mr. TIERNEY (for himself and Mr. Mr. BASS, Mr. FORTENBERRY, Mr. 1986, and to use the proceeds to carry out the RAMSTAD): EHLERS, Mr. KIRK, Mr. RAMSTAD, Mr. Low-Income Home Energy Assistance Act of H.R. 4429. A bill to amend the Federal DENT, Mr. WALSH, Mr. MCCAUL of 1981 and to provide weatherization assist- Food, Drug, and Cosmetic Act with respect Texas, Mr. LATHAM, and Mr. AKIN): ance; to the Committee on Ways and Means, to drug safety, and for other purposes; to the H.R. 4411. A bill to prevent the use of cer- and in addition to the Committees on Energy Committee on Energy and Commerce. tain payment instruments, credit cards, and and Commerce, Education and the Work- By Mr. WELDON of Florida: fund transfers for unlawful Internet gam- force, and the Budget, for a period to be sub- H.R. 4430. A bill to amend the Internal Rev- bling, and for other purposes; to the Com- sequently determined by the Speaker, in enue Code of 1986 to provide that qualified mittee on Financial Services. each case for consideration of such provi- homeowner downpayment assistance is a By Mr. MCHENRY (for himself, Mr. sions as fall within the jurisdiction of the charitable purpose; to the Committee on JINDAL, Mr. ISSA, Mr. DOOLITTLE, Mr. committee concerned. Ways and Means. KLINE, Mr. WESTMORELAND, Mr. By Mr. SHAW (for himself and Mr. By Mr. WICKER (for himself and Mr. BRADY of Texas, Mr. WAMP, Mr. RAMSTAD): PICKERING): BARTLETT of Maryland, Mr. ROHR- H.R. 4421. A bill to amend the Internal Rev- H.R. 4431. A bill to authorize financial as- ABACHER, Mr. MCCAUL of Texas, Mr. enue Code of 1986 to provide for S corpora- sistance under the community development FEENEY, Mr. SHADEGG, Mrs. MYRICK, tion reform, and for other purposes; to the block grant program for disaster relief and Mr. GINGREY, and Mr. GUTKNECHT): Committee on Ways and Means. recovery for communities affected by Hurri- H.R. 4412. A bill to require the Secretary of By Mr. SHAYS (for himself, Mr. LAN- cane Katrina or Hurricane Rita; to the Com- Homeland Security to consolidate existing TOS, and Ms. ESHOO): mittee on Financial Services.

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By Mr. LEWIS of California: CALVERT, Mr. BERMAN, and Mr. H.R. 556: Ms. DEGETTE. H. Con. Res. 308. Concurrent resolution di- RUPPERSBERGER): H.R. 601: Mr. MEEKS of New York. recting the Clerk of the House of Representa- H. Res. 576. A resolution celebrating Ad- H.R. 602: Mrs. BIGGERT. tives to make a technical correction in the vancement Via Individual Determination’s H.R. 690: Ms. MCKINNEY and Mr. FORD. enrollment of H.R. 3058; to the Committee on 25 years of success; to the Committee on H.R. 698: Mr. CUNNINGHAM, Mr. RENZI, Mr. Appropriations, and in addition to the Com- Education and the Workforce. JENKINS, Mr. HEFLEY, Mr. BURGESS, Mr. mittee on House Administration, for a period By Mr. ENGLISH of Pennsylvania (for PITTS, Mr. MCKEON, and Mr. WHITFIELD. to be subsequently determined by the Speak- himself, Mr. REYNOLDS, and Ms. H.R. 703: Mr. MILLER of Florida. er, in each case for consideration of such pro- HART): H.R. 769: Mr. NEAL of Massachusetts. visions as fall within the jurisdiction of the H. Res. 577. A resolution expressing the H.R. 772: Mr. BRADLEY of New Hampshire. committee concerned. sense of the House of Representatives regard- H.R. 783: Mr. SABO, Ms. GRANGER, and Mr. By Ms. BEAN (for herself, Mr. SKEL- ing the conditions for the United States to WALDEN of Oregon. TON, Mr. EVANS, Mr. MURTHA, Mr. become a signatory to any multilateral H.R. 808: Mr. MENENDEZ, Mr. CASE, and Mr. SIMMONS, Mr. LYNCH, Mr. HINCHEY, agreement on trade resulting from the World CHANDLER. Mrs. MCCARTHY, Mr. MCGOVERN, Mr. Trade Organization’s Doha Development H.R. 874: Mr. OXLEY. VAN HOLLEN, Mr. MCDERMOTT, Mr. Agenda Round; to the Committee on Ways H.R. 896: Mr. RUPPERSBERGER. BRADY of Pennsylvania, Mr. SNYDER, and Means. H.R. 898: Mr. PRICE of Georgia, Mr. ROGERS Mrs. DAVIS of California, Mr. REYES, By Mr. SMITH of New Jersey (for him- of Michigan, Ms. BALDWIN, Ms. SLAUGHTER, Mr. ETHERIDGE, Mr. BUTTERFIELD, self, Mr. CARDIN, Mrs. NORTHUP, Mr. and Mr. ANDREWS. Mrs. MALONEY, Mr. SCOTT of Georgia, PITTS, Mr. PENCE, Mr. COSTELLO, Mr. H.R. 964: Mr. WYNN, Mr. UDALL of New Mr. BOSWELL, Mr. SCHWARZ of Michi- BURTON of Indiana, Mrs. JO ANN Mexico, Mr. MCNULTY, and Mr. RYUN of Kan- gan, Mr. MILLER of North Carolina, DAVIS of Virginia, Mr. TIAHRT, Mr. sas. Mrs. CAPPS, Mr. LANTOS, Mr. WAX- BRADLEY of New Hampshire, and Mr. H.R. 968: Mr. WALDEN of Oregon. MAN, Mr. RAHALL, Mr. TAYLOR of Mis- FRANK of Massachusetts): H.R. 994: Mr. HOSTETTLER, Mrs. DAVIS of sissippi, Mr. TANNER, Mrs. TAUSCHER, H. Res. 578. A resolution concerning the California, Mr. BROWN of Ohio, Mr. ACKER- Mr. EDWARDS, Mr. HOYER, Mr. Government of Romania’s ban on inter- MAN, and Mr. PRICE of Georgia. ISRAEL, Ms. HARMAN, Mr. DAVIS of country adoptions and the welfare of or- H.R. 997: Mr. PAYNE. Tennessee, Mr. SHIMKUS, Mr. HOLDEN, phaned or abandoned children in Romania; H.R. 1019: Mr. GRIJALVA. Ms. WASSERMAN SCHULTZ, Mr. CROW- to the Committee on International Rela- H.R. 1053: Mr. PITTS, Mr. SMITH of New Jer- LEY, Mr. HIGGINS, Ms. WOOLSEY, Mr. tions. sey, Mr. DENT, and Mr. LINCOLN DIAZ-BALART BURTON of Indiana, Mr. LIPINSKI, Mr. of Florida. f COOPER, Mr. CUELLAR, Mr. BROWN of H.R. 1131: Mr. NEAL of Massachusetts. Ohio, Mr. EMANUEL, Mr. SHERMAN, MEMORIALS H.R. 1182: Mr. SERRANO. H.R. 1241: Mr. GOODE. Mr. WELDON of Pennsylvania, Mrs. Under clause 3 of rule XII, memorials CHRISTENSEN, Mr. ROTHMAN, Mr. H.R. 1243: Mr. CRENSHAW, Mr. CAMP, and were presented and referred as follows: DOYLE, Mr. PALLONE, Ms. HERSETH, Mr. TAYLOR of North Carolina. Ms. SCHWARTZ of Pennsylvania, Mr. 203. The SPEAKER presented a memorial H.R. 1246: Ms. WOOLSEY. KIND, Mr. BOYD, Mr. CONYERS, Mr. of the House of Representatives of the Com- H.R. 1259: Mr. HUNTER, Mr. ENGEL, and Mr. FEENEY, Mr. SCHIFF, Ms. LINDA T. monwealth of Massachusetts, relative to a GENE GREEN of Texas. SA´ NCHEZ of California, Mr. MATHE- Resolution urging the Massachusetts Con- H.R. 1264: Ms. DELAURO and Mr. SIMMONS. SON, Mr. COSTELLO, Mr. MARKEY, Mr. gressional Delegation to create a postage- H.R. 1372: Ms. BALDWIN, Mr. BLUMENAUER, CLEAVER, and Mr. BARROW): free mail program for items sent to Armed Mr. CUMMINGS, and Mr. KILDEE. H. Con. Res. 309. Concurrent resolution Forces Distribution Centers; to the Com- H.R. 1398: Mr. CASE, Mr. FILNER, Mr. ROSS, commending Armed Forces medical per- mittee on Government Reform. and Mr. Sabo. sonnel for their outstanding care of combat 204. Also, a memorial of the House of Rep- H.R. 1426: Mr. MARKEY. casualties; to the Committee on Armed Serv- resentatives of the Commonwealth of Puerto H.R. 1445: Mr. MANZULLO. ices. Rico, relative to a Resolution requesting a H.R. 1506: Mrs. JOHNSON of Connecticut and By Mr. FORD: formal and encompassing investigation on Mr. MURPHY. H. Con. Res. 310. Concurrent resolution ex- the performance of the Federal Bureau of In- H.R. 1554: Mr. SHAW. pressing the sense of the Congress with re- vestigations and its personnel, as well as of H.R. 1595: Mr. MCGOVERN. spect to unilateral altering, by the European other officers of the Government of the Com- H.R. 1668: Mr. PASCRELL, Mrs. JONES of Union, of the standards for imports of cer- monwealth of Puerto Rico, if any, in the Ohio, Mr. LEWIS of Georgia, and Mr. HONDA. tain wood products; to the Committee on preperation, execution and conclusion of the H.R. 1689: Mr. MURPHY. International Relations. operation which culminated with the death H.R. 1707: Mr. TERRY, Mr. CLAY, Mr. KIRK, By Mr. HUNTER: of Filiberto Ojeda-Rios, a fugitive since Sep- and Mr. VAN HOLLEN. H. Res. 571. A resolution expressing the tember 1990, and self-proclaimed leader of H.R. 1898: Mr. COBLE and Mrs. KELLY. sense of the House of Representatives that the group denominated Ejercito Popular H.R. 2014: Mr. STUPAK. the deployment of United States forces in Boricua, better known as ‘‘Los Macheteros’’; H.R. 2043: Mr. KIRK and Ms. DEGETTE. Iraq be terminated immediately; to the Com- to the Committee on the Judiciary. H.R. 2052: Mr. HOLT. mittee on International Relations. H.R. 2090: Mr. LYNCH and Mr. EVANS. f By Mr. ALLEN (for himself, Mr. SNY- H.R. 2251: Mr. PENCE and Mr. CALVERT. DER, and Mr. SPRATT): PRIVATE BILLS AND H.R. 2356: Mr. LANGEVIN and Mr. HEFLEY. H. Res. 573. A resolution congratulating RESOLUTIONS H.R. 2421: Mr. PAYNE, Mr. MCGOVERN, Mr. Mohamed ElBaradei and the United Nations MENENDEZ, Mr. TIERNEY, Mr. MILLER of International Atomic Energy Agency on win- Under clause 3 of rule XII, North Carolina, Mr. MCHUGH, Mr. HINCHEY, ning the Nobel Peace Prize; to the Com- Mr. ADERHOLT introduced a bill (H.R. Mr. SHAYS, and Mr. LAHOOD. mittee on International Relations. 4432) for relief of the estate of Henry Clay H.R. 2562: Mr. BERMAN. By Mr. BECERRA (for himself and Ms. Blizzard; which was referred to the Com- H.R. 2637: Mr. MCGOVERN. MILLENDER-MCDONALD): mittee on Ways and Means. H.R. 2642: Mr. FRANK of Massachusetts. H. Res. 574. A resolution congratulating f H.R. 2679: Mr. WILSON of South Carolina, the Los Angeles Galaxy on their victory in Mr. KLINE, Mr. MCCAUL of Texas, Mr. DEAL the 2005 Major League Soccer championship; ADDITIONAL SPONSORS of Georgia, Mr. FRANKs of Arizona, and Mr. to the Committee on Government Reform. Under clause 7 of rule XII, sponsors BEAUPREZ. By Mr. CANTOR (for himself, Mr. were added to public bills and resolu- H.R. 2717: Mr. PALLONE, Ms. HOOLEY, Mrs. MENENDEZ, Ms. ROS-LEHTINEN, Ms. MALONEY, Mr. GUTIERREZ, Mr. HONDA, and BERKLEY, Mr. MCCAUL of Texas, and tions as follows: Mrs. LOWEY. Mr. WEXLER): H.R. 13: Mr. RENZI. H.R. 2786: Ms. HARRIS. H. Res. 575. A resolution providing that H.R. 282: Mr. THOMPSON of Mississippi. H.R. 2823: Ms. JACKSON-LEE of Texas. Hamas and other terrorist organizations H.R. 284: Mr. MICHAUD. H.R. 2861: Mr. ABERCROMBIE and Mr. WYNN. should not participate in elections held by H.R. 305: Mr. SIMMONS. H.R. 2943: Ms. BORDALLO. the Palestinian Authority, and for other pur- H.R. 388: Mr. EVANS and Mr. SABO. H.R. 2946: Mr. KILDEE. poses; to the Committee on International H.R. 500: Mr. WOLF. H.R. 2989: Mr. MCKEON. Relations. H.R. 515: Mr. CONYERS. H.R. 3006: Mrs. MCCARTHY, Ms. WASSERMAN By Mrs. DAVIS of California (for her- H.R. 517: Mr. DICKS. SCHULTZ, and Ms. MATSUI. self, Mr. FILNER, Mr. DAVIS of Illi- H.R. 550: Mr. TAYLOR of Mississippi, Mr. H.R. 3011: Mr. RYAN of Wisconsin. nois, Mr. HONDA, Mr. FARR, Mr. SHER- ANDREWS, and Mr. EVANS. H.R. 3127: Mr. GILLMOR and Mr. EVANS. MAN, Mr. CASTLE, Mr. MANZULLO, Mr. H.R. 551: Ms. ZOE LOFGREN of California H.R. 3187: Mr. LANGEVIN. WAXMAN, Mr. REYES, Mr. COOPER, Mr. and Ms. MOORE of Wisconsin. H.R. 3195: Mr. CARDIN.

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H.R. 3307: Mr. SHAW. H.R. 4200: Mr. CAMP, Mr. MARCHANT, Mr. chusetts, Mr. EVANS, Mr. PALLONE, Ms. H.R. 3373: Mr. LAHOOD and Mr. HEFLEY. CARDOZA, Mr. JENKINS, and Mr. FORBES. MOORE of Wisconsin, Mr. SNYDER, Ms. EDDIE H.R. 3430: Mr. DAVIS of Kentucky. H.R. 4201: Mr. EVANS. BERNICE JOHNSON of Texas, Ms. KILPATRICK H.R. 3463: Mr. BEAUPREZ and Mr. SIMPSON. H.R. 4212: Ms. HERSETH and Mr. PAYNE. of Michigan, Mr. MORAN of Virginia, Mr. H.R. 3476: Mr. CUMMINGS and Mr. TIERNEY. H.R. 4222: Ms. WOOLSEY and Mr. FILNER. MARKEY, Mr. MCGOVERN, Ms. WASSERMAN H.R. 3478: Mr. MILLER of North Carolina. H.R. 4223: Ms. MILLENDER-MCDONALD, Mr. SCHULTZ, Mr. STARK, Mr. CARDOZA, Ms. H.R. 3579: Mr. BAKER. MORAN of Virginia, and Mr. RUPPERSBERGER. BORDALLO, Mr. OWENS, and Mr. TANCREDO. H.R. 3617: Mr. HEFLEY. H.R. 4225: Mr. POE, Ms. MCKINNEY, and Mrs. H. Con. Res. 298: Mr. PALLONE, Mr. LYNCH, H.R. 3621: Mr. GARRETT of New Jersey. MALONEY. Mr. MOORE of Kansas, and Mr. KILDEE. H.R. 3641: Mr. WAXMAN, Mr. TOWNS, Ms. H.R. 4229: Mr. DOGGETT and Mr. ALLEN. H. Con. Res. 301: Mr. MCHENRY, Mr. PRICE SCHAKOWSKY, Ms. NORTON, Mr. MEEKS of New H.R. 4232: Mr. GRIJALVA. of Georgia, Mr. PAUL, Mr. FRANKs of Arizona, York, Mr. REYES, Mr. OWENS, Mr. LEWIS of H.R. 4259: Mr. SANDERS and Mr. MILLER of Mr. SHADEGG, Mr. MARCHANT, Mr. BISHOP of Georgia, Mr. KILDEE, Mr. ORTIZ, Mr. CLAY, Florida. Utah, Mr. WESTMORELAND, Mr. FLAKE, Mr. Mr. MCGOVERN, Mr. MEEK of Florida, Mr. H.R. 4263: Mr. LANGEVIN. HOSTETTLER, Mr. SODREL, Mr. ROHRABACHER, CROWLEY, Mr. CARDIN, Mr. GONZALEZ, Mr. H.R. 4268: Mr. NORWOOD, Mr. CULBERSON, Mr. WELDON of Florida, Mr. GUTKNECHT, Mr. CONYERS, Mr. HONDA, Mr. GRIJALVA, Mr. and Mrs. JOHNSON of Connecticut. GOODE, Mr. KINGSTON, Mr. TANCREDO, Ms. GENE GREEN of Texas, Ms. JACKSON-LEE of H.R. 4272: Ms. LEE. FOXX, Mr. PENCE, Mr. DOOLITTLE, Mr. AKIN, Texas, Mr. LANTOS, Mr. MCDERMOTT, and Mr. H.R. 4282: Mrs. JO ANN DAVIS of Virginia, Mr. CULBERSON, Mr. HENSARLING, Mr. SES- RANGEL. Mr. OTTER, Mr. TANCREDO, and Mr. ROHR- SIONS, Mr. HALL, Mr. SAM JOHNSON of Texas, H.R. 3642: Mr. CUMMINGS, Mr. CONYERS, and ABACHER. Mr. BONILLA, Mr. CARTER, Mr. MCCAUL of Ms. CARSON. H.R. 4286: Mr. WEXLER. Texas, Mr. GOHMERT, and Mr. GARRETT of H.R. 3657: Mr. GORDON, Mr. ABERCROMBIE, H.R. 4298: Mr. CONYERS. New Jersey. Mr. INSLEE, and Mr. PASTOR. H.R. 4300: Mr. EVANS. H. Con. Res. 302: Mrs. DRAKE, Mr. SOUDER, H.R. 3680: Mr. MCHUGH. H.R. 4312: Mr. SMITH of Texas, Mr. LINDER, and Mr. MILLER of Florida. H.R. 3714: Mr. PICKERING. Mr. SOUDER, Mr. GIBBONS, Mr. SIMMONS, Mr. H. Res. 196: Mr. CAPUANO, Ms. MOORE of H.R. 3734: Mr. ROTHMAN. ROGERS of Alabama, Mr. PEARCE, Ms. HAR- Wisconsin, Mr. FILNER, Mr. KILDEE, Mr. H.R. 3752: Mr. BROWN of Ohio. RIS, Mr. REICHERT, Mr. MCCAUL of Texas, Mr. RUSH, Mr. MARKEY, Mr. TOWNS, Mr. MOORE of H.R. 3778: Mr. CASE and Mr. GEORGE MIL- DENT, Ms. GINNY BROWN-WAITE of Florida, Kansas, Mr. FALEOMAVAEGA, Mr. SNYDER, Mr. LER of California. Mr. MCHUGH, Mr. ROYCE, and Mrs. MYRICK. LANTOS, Mr. GUTIERREZ, Mr. MEEK of Flor- H.R. 3852: Mr. DAVIS of Tennessee and Mr. H.R. 4313: Mr. COBLE, Mr. WAMP, Mrs. ida, Ms. WOOLSEY, Mr. PALLONE, Mr. SMITH GRIJALVA. CUBIN, Mr. JONES of North Carolina, Mrs. of New Jersey, Mr. BERMAN, and Mr. VAN H.R. 3858: Mr. SMITH of New Jersey. MILLER of Michigan, Mrs. SCHMIDT, Mr. AL- HOLLEN. H.R. 3861: Mr. OBEY, Mr. FORD, Ms. EXANDER, Mr. GINGREY, Mrs. BLACKBURN, Mr. H. Res. 200: Mr. REYES. DELAURO, Mr. SABO, Mr. BECERRA, Mrs. BURTON of Indiana, Mr. RYUN of Kansas, and H. Res. 222: Mr. KILDEE. MALONEY, Ms. KILPATRICK of Michigan, Mr. Mr. BURGESS. H. Res. 223: Mr. HOYER and Mr. ROSS, Ms. ZOE LOFGREN of California, and H.R. 4315: Mr. BOSWELL and Mr. WELDON of MCDERMOTT. Mr. EVANS. Pennsylvania. H. Res. 487: Mr. CUMMINGS and Mr. EVANS. H.R. 3883: Mr. PICKERING, Mr. JENKINS, and H.R. 4318: Mr. PEARCE, Mr. JEFFERSON, Mr. H. Res. 510: Mr. WELDON of Pennsylvania, Mr. MARSHALL. BISHOP of Utah, Mr. DUNCAN, Mrs. EMERSON, Mr. FRANK of Massachusetts, Mr. DAVIS of H.R. 3949: Mrs. JONES of Ohio and Mr. Mrs. CUBIN, Mr. FLAKE, Mr. WICKER, Mr. Alabama, and Mr. MEEHAN. H. Res. 512: Mr. KUCINICH. CLEAVER. MANZULLO, Mr. YOUNG of Alaska, Mr. H. Res. 517: Mrs. MALONEY, and Mr. H.R. 4010: Mr. EVANS. FALEOMAVAEGA, Mr. GIBBONS, Mr. WAMP, Mr. WEINER. H.R. 4011: Mr. GRIJALVA, Mr. BRADY of BROWN of South Carolina, Mr. TAYLOR of H. Res. 526: Ms. BALDWIN. Pennsylvania, Ms. BALDWIN, and Mr. PAYNE. North Carolina, Mr. MICA, Mr. DOOLITTLE, H. Res. 550: Ms. HARRIS, Mr. WEXLER, and H.R. 4029: Ms. MCKINNEY. Mr. OSBORNE, Mr. THOMAS, and Mr. REGULA. Mr. WU. HAW H.R. 4033: Mr. S . H.R. 4321: Mr. JONES of North Carolina. H. Res. 561: Ms. SCHAKOWSKY, Ms. BEAN, H.R. 4052: Mr. HIGGINS. H.R. 4330: Mr. ROGERS of Alabama. Mr. LEWIS of Georgia, and Mr. RAHALL. H.R. 4062: Mr. EVANS and Mr. CAPUANO. H.R. 4331: Mr. CHANDLER, Mr. DAVIS of Illi- H.R. 4063: Mr. UDALL of New Mexico. nois, and Mr. HASTINGS of Washington. f H.R. 4071: Mr. RADANOVICH. H.R. 4346: Mr. BURTON of Indiana, Ms. CAR- PETITIONS, ETC. H.R. 4073: Ms. LEE, Ms. BERKLEY, Mr. SON, Mr. HOSTETTLER, Mr. PENCE, Mr. VIS- PAYNE, Mrs. JONES of Ohio, and Mr. GENE CLOSKY, and Mr. SODREL. Under clause 3 of rule XII, petitions GREEN of Texas. H.R. 4349: Mr. KILDEE and Mr. MCGOVERN. and papers were laid on the clerk’s H.R. 4078: Mr. GILLMOR, Mr. HALL, Mrs. H.R. 4351: Mr. CLAY. desk and referred as follows: CUBIN, Mr. BILIRAKIS, Mr. MCHUGH, and Mr. H.R. 4357: Mr. SCHWARZ of Michigan, Mr. 77. The SPEAKER presented a petition of WAMP. RAMSTAD, Mr. WICKER, Mr. SOUDER, and Mr. the Municipal Legislature of Moca, Puerto H.R. 4083: Mrs. SCHMIDT. WILSON of South Carolina. Rico, relative to Resolution No. 54 express- H.R. 4090: Ms. SCHAKOWSKY. H.R. 4365: Mr. HEFLEY and Mr. MACK. ing opposition to the elimination of the H.R. 4096: Mrs. JO ANN DAVIS of Virginia. H.R. 4378: Ms. DELAURO and Mr. LARSON of Community Development Block Grant Pro- H.R. 4098: Mr. LOBIONDO, Mr. MATHESON, Connecticut. gram; to the Committee on Financial Serv- and Mr. LUCAS. H.J. Res. 70: Mr. BISHOP of New York. ices. H.R. 4129: Mr. SMITH of Texas and Mr. KUHL H.J. Res. 73: Mr. HOLT, Mr. MCNULTY, Mr. 78. Also, a petition of the City of of New York. CAPUANO, Mr. DOYLE, Mr. MORAN of Virginia, Naperville, Illinois, relative to Resolution H.R. 4147: Mr. FOLEY and Mr. HONDA. Ms. ZOE LOFGREN of California, Mr. RANGEL, No. 05-28 expressing support for the continu- H.R. 4156: Mr. MENENDEZ, Mr. SCHIFF, Mr. Ms. LEE, Ms. SOLIS, Mr. WEINER, Mr. MCGOV- ation and full funding of the Community De- SCOTT of Georgia, Mr. DEFAZIO, Mr. ABER- ERN, Ms. JACKSON-LEE of Texas, and Mr. velopment Block Grant Program; to the CROMBIE, Mr. EVANS, Mr. BROWN of Ohio, Mr. BECERRA. Committee on Financial Services. OBERSTAR, Mrs. NAPOLITANO, Mr. MCGOVERN, H. Con. Res. 42: Mr. GOODE. 79. Also, a petition of the Houghton County Mr. STUPAK, Mr. UDALL of Colorado, Ms. H. Con. Res. 210: Mr. FITZPATRICK of Penn- Board of Commissioners, Michigan, relative DEGETTE, and Mr. BISHOP of New York. sylvania, Mr. PUTNAM, and Mr. HOLDEN. to a Resolution recommending and sup- H.R. 4157: Mr. MCHUGH. H. Con. Res. 231: Mr. CUMMINGS. porting the re-authorization of the Commu- H.R. 4167: Mr. COLE of Oklahoma, Ms. H. Con. Res. 278: Mr. BARROW, Mr. nity Services Block Grant for FY 2006 and BEAN, Ms. ROS-LEHTINEN, Mr. PETRI, Ms. GRIJALVA, and Mr. WAXMAN. beyond, and that funding for (CSBG) be con- FOXX, Mr. JINDAL, Mr. AKIN, and Mr. MCCAUL H. Con. Res. 280: Mr. BERMAN and Mr. LIN- tinued at its current level; to the Committee of Texas. COLN DIAZ-BALART of Florida. on Financial Services. H.R. 4186: Mr. KILDEE. H. Con. Res. 291: Mr. GRIJALVA. 80. Also, a petition of the City of Shaker H.R. 4190: Ms. LINDA T. SA´ NCHEZ of Cali- H. Con. Res. 294: Ms. WATSON, Mr. WELLER, Heights, Ohio, relative to Resolution No. 05- fornia, Mr. MICHAUD, Mr. GRIJALVA, Ms. Mrs. DRAKE, Mr. PITTS, Ms. LINDA T. 49 opposing cutting the Community Develop- WOOLSEY, Mr. LANTOS, Mr. ENGEL, and Mr. SA´ NCHEZ of California, Mr. EVANS, and Mr. ment Block Grant Program and other pro- STARK. LINCOLN DIAZ-BALART of Florida. grams as proposed by the Congress of the H.R. 4194: Mr. VAN HOLLEN. H. Con. Res. 296: Mr. LANTOS, Mr. BURTON United States and declaring an emergency; H.R. 4197: Mr. BRADY of Pennsylvania, Mr. of Indiana, Mr. CHABOT, Mr. GERLACH, Mr. to the Committee on Financial Services. FALEOMAVAEGA, Mr. KUCINICH, Mr. CROWLEY, PITTS, Mrs. NAPOLITANO, Mr. ENGEL, Mr. 81. Also, a petition of the City of Rock Mr. FRANK of Massachusetts, Mr. CROWLEY, Mr. WEXLER, Mr. OBERSTAR, Mrs. Falls, Illinois, relative to Resolution 2005-470 RUPPERSBERGER, Mr. GRIJALVA, Ms. MALONEY, Mr. MEEKS of New York, Mrs. requesting rejection by the Congress of WASSERMAN SCHULTZ, Mr. HONDA, Mr. GON- MCCARTHY, Mr. LYNCH, Mr. GRIJALVA, Mr. United States of limits upon municipal tele- ZALEZ, Mr. GUTIERREZ, Mr. MILLER of North SANDERS, Mr. STRICKLAND, Mr. HONDA, Mr. communications franchising authority; to Carolina, and Ms. SCHAKOWSKY. WEINER, Mr. MICHAUD, Mr. FRANK of Massa- the Committee on Energy and Commerce.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00126 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — HOUSE H11037 82. Also, a petition of the Village of 88. Also, a petition of the North Lauderdale sey, Tom Udall, Solomon P. Ortiz, Edolphus Carpentersville, Illinois, relative to Resolu- Commission, Florida, relative to Resolution Towns, John F. Tierney, Stephanie Tubbs tion No. R05-94 expressing support of the No. 2005-05-4882 expressing support for Jones, Lloyd Doggett, Charles B. Rangel, continued administration of the Community amendments to the Florida Constitution re- Stephen F. Lynch, Zoe Lofgren, Chris Van Development Block Grant Program through quiring the periodic review and approval of Hollen, Sheila Jackson-Lee, Al Green, Tim- the Department of Housing and Urban Devel- all sales tax exemptions and exclusions in othy H. Bishop, Corrine Brown, James P. opment at current or increased levels of the state of Florida; to the Committee on Moran, Carolyn B. Maloney, Mike McIntyre, funding; to the Committee on Financial the Judiciary. John Barrow, Mike Ross, William D. Services. 89. Also, a petition of City of Gretna, Lou- Delahunt, Ed Pastor, Donald M. Payne, 83. Also, a petition of the City Council of isiana, relative to Resolution No. 2005-093 Jerrold Nadler, Michael E. Capuano, Lane Santa Cruz, California, relative to Resolu- urging the Congress of the United States to Evans, G.K. Butterfield, Doris O. Matsui, tion No. NS-27,006 endorsing broad election revisit the recent legislation passed by both Rush D. Holt, Major R. Owens, Collin C. Pe- reform and supporting the restoration of United States House and Senate and include terson, Bob Etheridge, Adam B. Schiff, Nydia voter confidence; to the Committee on House a forgiveness clause in that legislation that M. Vela´ zquez, Henry A. Waxman, James L. Administration. allows Louisiana communities to qualify for Oberstar, Steven R. Rothman, Jim Costa, 84. Also, a petition of the California State low interest loans; to the Committee on Emanuel Cleaver, Sherrod Brown, Ellen O. Lands Commission, relative to a Resolution Transportation and Infrastructure. Tauscher, Jim Cooper, Rosa L. DeLauro, Bob requesting the Congress of the United States f Filner, Xavier Becerra, Mike Thompson, to continue the California Oil and Gas Leas- Diana DeGette, Benjamin L. Cardin, Michael ing Moratorium; to the Committee on Re- DISCHARGE PETITIONS R. McNulty, Gary L. Ackerman, Stephanie sources. Herseth, Artur Davis, Frank Pallone, Jr., 85. Also, a petition of the Junior Order Under clause 2, rule XV the following James P. McGovern, Debbie Wasserman United American Mechanics, Tennessee, rel- discharge petition was filed: Schultz, Robert C. Scott, James R. ative to Resolution No. 5 expressing opposi- Petition 3, November 16, 2005, by Mr. ED- Langevin, Ruben Hinojosa, David Scott, tion to a few states that allow same sex mar- WARDS, on House Resolution 271, was signed Gregory W. Meeks, Cynthia McKinney, riage; to the Committee on the Judiciary. by the following Members: Chet Edwards, Susan A. Davis, David E. Price, Dan Boren, 86. Also, a petition of the Junior Order Nick J. Rahall II, John W. Olver, Dale E. Kil- Danny K. Davis, Raul M. Grijalva, Charles A. United American Mechanics, Tennessee, rel- dee, Brian Higgins, Albert Russell Wynn, Mi- Gonzalez, Sander M. Levin, Tom Lantos, ative to Resolution No. 4 expressing support chael H. Michaud, Jim McDermott, Kendrick Grace F. Napolitano, Janice D. Schakowsky, of every American’s right to say the Pledge B. Meek, Diane E. Watson, C.A. Dutch Gene Green, Jim Davis, Melvin L. Watt, Rick of Allegiance to our Flag; to the Committee Ruppersberger, Eddie Bernice Johnson, Julia Larsen, Barney Frank, Nancy Pelosi, Peter on the Judiciary. Carson, Carolyn McCarthy, Dennis Moore, A. DeFazio, Juanita Millender-McDonald, 87. Also, a petition of the Junior Order Maurice D. Hinchey, Steny H. Hoyer, David Brad Miller, Mark Udall, Joseph Crowley, United American Mechanics, Tennessee, rel- R. Obey, Bernard Sanders, Betty McCollum, Lucille Roybal-Allard, Henry Cuellar, Linda ative to Resolution No. 3 expressing support Bart Stupak, Jerry F. Costello, Daniel Lipin- T. Sa´ nchez, Silvestre Reyes, Darlene Hooley, and appreciation to these brave men and ski, Lois Capps, Sanford D. Bishop, Jr., Pat- Ed Case, John T. Salazar, Brad Sherman, women of the armed forces of the United rick J. Kennedy, Ben Chandler, Russ Thomas H. Allen, Jane Harman, Louise States of America, who are representing our Carnahan, John S. Tanner, Alcee L. McIntosh Slaughter, John M. Spratt, Jr., country, both at home and abroad; to the Hastings, Robert Menendez, Joe Baca, Shel- Eliot L. Engel, Bennie G. Thompson, Robert Committee on Armed Services. ley Berkley, Ted Strickland, Lynn C. Wool- E. Andrews, Nita M. Lowey.

VerDate Aug 31 2005 07:04 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00127 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H18NO5.REC H18NO5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, FRIDAY, NOVEMBER 18, 2005 No. 154 Senate The Senate met at 9 a.m. and was RECOGNITION OF THE MAJORITY MAKING FURTHER CONTINUING called to order by the President pro LEADER APPROPRIATIONS FOR FISCAL tempore (Mr. STEVENS). YEAR 2006 The PRESIDENT pro tempore. The Mr. FRIST. I now ask unanimous PRAYER majority leader is recognized. consent the Senate begin consideration The Chaplain, Dr. Barry C. Black, of- f of H.J. Res. 72, which is at the desk. fered the following prayer: The PRESIDING OFFICER (Mr. ISAK- Let us pray. SON). Is there objection? O God, our Father, fountain of every SCHEDULE The Senator from Louisiana. blessing, during this season of grati- Mr. FRIST. Mr. President, today we Ms. LANDRIEU. Mr. President, I am tude we pause to thank You for the will get off to a quick start in the Sen- reserving the right to object, to speak gifts You have given us and all human- ate. We actually left not that many with the leader for a moment about a ity. Thank You for all the beauty You hours ago, and we are making real situation that is developing at home have placed in our world, for the progress in terms of moving the Na- and one of which he is certainly aware. loveliness of the Earth, sea, and sky. tion’s business forward. This will be a I understand that the motion that Thank You for great art to see, great very busy day. has been put forward would allow the music to hear, great books of prose and Congress to go home for approximately In a moment I will call up the con- poetry to read. Thank You for the 30 days and to come back in the middle tinuing resolution which will keep nimbleness of minds and hands that en- of December to finish our business. I Government operations funded beyond able people to find ways of defeating wanted to ask the leader if it is his in- midnight tonight. We are starting that diseases and easing pain. Thank You tention when we come back to press early. We are voting early this morn- for generous hearts that give to help forward for the supplemental bill that ing, in large part to get it completed the less fortunate. Thank You for our the senior Senator from Mississippi, here and sent to the President so it can power to love and for the opportunities Senator COCHRAN, and others have been be signed by midnight tonight. to lose ourselves in a great cause. working on for relief for the gulf coast. Thank You for the ability to harness Senator HARKIN will have an amend- It is a very important piece of legisla- nature’s forces and to make fertile the ment which we expect to vote on at or tion, and many people, individuals and desert. Thank You for our Senators and around 9:30. After that, I will have businesses, large and small, have been for all who labor many hours with more to say on the schedule itself. But waiting for some direct, significant them for a world at peace. Thank You we do have the continuing resolution, funding. I wanted to ask the leader for our military and the courageous we will have the Harkin amendment, from Tennessee what his intentions are sacrifices of our men and women in we are waiting for several pieces of leg- when we get back, at least as he can harm’s way. islation from the House of Representa- press the Senate and press our col- Above all else, we thank You for sav- tives and several conference reports: leagues in the House to move that ing us by giving us Yourself. Accept MilCon or Military Quality of Life, piece of legislation. this, our sacrifice of thanksgiving and Transportation TTHUD bills, the PA- Mr. FRIST. Mr. President, the issues of praise. TRIOT Act. We also have an adjourn- the distinguished Senator from Lou- Amen. ment resolution we must pass later isiana comments on and mentions are f today and several other conference-re- something we take very seriously here. lated matters. PLEDGE OF ALLEGIANCE As she well knows, my personal com- It is going to be a very busy day. I do mitment, the commitment of leader- The PRESIDENT pro tempore led the ask for the cooperation and patience of ship on both sides of the aisle, is to ad- Pledge of Allegiance, as follows: all Senators as we cover a lot and have dress the issues. We have worked very I pledge allegiance to the Flag of the a number of rollcall votes over the hard, both in a personal sense and in an United States of America, and to the Repub- course of the day. lic for which it stands, one nation under God, institutional sense. With regard to the indivisible, with liberty and justice for all. In terms of the schedule for tomor- latter, we passed 21 separate pieces of f row, or Sunday, or Monday—as the day legislation that have responded to proceeds, as soon as I have information many of the immediate needs. I well RESERVATION OF LEADER TIME brought to me and we determine the recognize these needs are ongoing. We The PRESIDENT pro tempore. Under best way to handle that on the floor, I are going to need to stay on top of the previous order, the leadership time will be making those announcements them, which I pledge and leadership is reserved. over the course of the day. pledges to continue to do.

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

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VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13284 CONGRESSIONAL RECORD — SENATE November 18, 2005 We will be coming back in December, for $.16 billion. We passed a bill for re- schools are having difficulty. The dean depending on the outcome of today, in distribution of campus student aid, an- of LSU Medical School took a job out all likelihood, and we will continue to other bill for Pell grant relief, another of our State. It was announced this address these very important issues. bill for the Community Disaster Loan week. I don’t blame him for leaving be- Several issues we will be addressing Act, for a total of $70.9 billion. cause he doesn’t see any help on the over the course of the day as well. Those are the things that have way. It is one of the great medical Ms. LANDRIEU. I ask the leader, if I passed the Senate and the House. If schools in the country. could, please, I understand, I want the you look at the things passed by the Finally, FEMA—to pour salt on the leader to know, we have passed 21 Senate, there are another nine bills for wound, to make sure we were all hav- pieces of legislation. I take him at his $9 billion: the Deficit Reduction Act, ing just the very best Thanksgiving we word. It has been very hard to follow as Sarbanes housing amendment, the could possibly have—announced that these things have moved so quickly, in Snowe small business amendment, the they are going to make us homeless for some cases, and not so quickly in oth- Katrina education reimbursement bill, the holiday and has announced that on ers. But I want to make a point and the Baucus economic development December 1, everyone who is in a shel- ask the leader that. Because we pass amendment, the Byrd unemployment ter or a hotel in the country—they do legislation does not necessarily mean HHS IG amendment, the Harkin legal not have an accurate number, so they it has been effective. Sometimes Con- services amendment—all of which have do not know how many, and if they do gress has a way of passing legislation, been passed by the Senate, this body. not know how many, how are they but that is not any guarantee it is ac- I want my colleagues and the Amer- planning to help them? But believe me, tually working. ican people to understand we are act- there are thousands who are now going As the Senator from Tennessee ing and we are moving. We have a lot to be put on the streets and will be knows, the members of the Louisiana more to do, which I think is the impor- homeless for the holidays. delegation, joined at times by members tance of the supplemental. The distin- I just tell my colleagues as respect- of the Mississippi delegation, have con- guished chairman, who is here on the fully as I can that when we are sitting sistently said that money given to floor, knows we are focused on it and around our tables—and I will be at a FEMA is not making its way to the there is going to need to be more as- different table, and many people from hands of people in businesses. As the sistance there in order to renew and re- Louisiana will not be at the table which they usually are to have leader knows, the housing money has build and respond. This body under- Thanksgiving dinner. I will be at a dif- been very difficult for people to get. stands the importance. We are abso- ferent table, Senator LOTT will be at a Shelter has been very difficult to get, lutely committed to that continued different table, and perhaps Senator housing has been very difficult to get. support for our appropriate renewal. COCHRAN will be at a different table. Many of our businesses that have ap- The PRESIDING OFFICER. The Sen- But as we sit around our tables, there plied for loans that are authorized have ator from Louisiana. will be thousands and hundreds of not yet received a response from FEMA Ms. LANDRIEU. The Senator has thousands of families who have no or the Small Business Administration. been very patient. I realize we have to For the record, I say it is not the move forward. But if he would grant table to pull up to. They are in shel- ters, they are on the street, and they quantity of legislation but the quality me a few more questions—one or two. of legislation, and that is why this sup- I understand those pieces and those are crowded into apartments that they can barely afford with no hope and no plemental Senator COCHRAN has been packages, because of course we are fol- crafting is so important. We think this lowing them very carefully. But I want plan. I will say it for the last time. We are may be the first major piece of legisla- the record to reflect that this morning, not dealing with a regular hurricane. tion that actually gets money into the as we break, there was $70.9 billion ap- We are dealing with an unprecedented propriated and $30 billion is still sit- hands of people who can do something natural disaster caused by the collapse with it other than having it sit in bank ting in a bank somewhere in a FEMA of a Federal levee system that was not accounts while people are suffering and account. So we have allocated $40 bil- invested in, not maintained, and not trying to get their lives back together. lion. I would judge from the controver- funded. It is a disaster for the region I understand the Senator from Ten- sies and reports that much of that and for the Nation. I cannot say this nessee is aware of these great needs. He money was squandered in many ways more emphatically or more passion- himself has been down to our State, that we know, and used in an ineffi- ately. I have tried to be a team player. and we are appreciative of that. But cient manner. But I would call to the We have tried to be cooperative. We that is the point. If I could get a com- attention of the leader that we have have tried every strategy. We are run- ment about the importance of the sup- not passed an emergency education bill ning out of strategies. plemental, that would be of some com- which would cover tuition for children, I want my colleagues to know that fort to the people of the gulf coast. 370,000 children who are today dis- while I will allow this resolution to go Mr. FRIST. Mr. President, I obvi- placed from the school they were in the forward today, if we do not come back ously am committed not only to what week before Katrina and Rita. Those in December and pass a robust supple- is in the supplemental, but I think we 370,000 children have not yet received mental that reflects the values of this need to make it very clear to our col- word from this Congress if their tuition body—not what MARY LANDRIEU wants leagues and to the people in Louisiana, will be covered. That is not done yet. in it, not what Louisiana thinks it de- Mississippi, and Alabama, where I have We have not passed a comprehensive serves, although we think we are enti- personally visited very early on and health care piece that allows people tled to say what we deserve—that re- have visited after that again and again, with no job, no home, no school, and no flects the values of the men and women that in terms of responsiveness, we church to think that they could show who serve in this body whom I know so have been responsive in many ways. up at a hospital over the holidays and well from having worked with them, if When I say 21 pieces of legislation, peo- get their health care covered. That has we don’t have a supplemental and if we ple say, What does that mean? Let me not passed yet. don’t get some action on our levee sys- give examples. In terms of things that We have not passed any loans to our tem so people can have confidence to have been enacted or cleared for the governments in Louisiana that would come back, and a few other emergency President, we have passed the emer- allow them to operate and pay for po- items that we need, we will not be gency supplemental, No. 1, which was lice and fire over the holidays because going home for Christmas. $10.5 billion in Public Law 10961. We the loan package we passed was inoper- We are going home for Thanksgiving, passed another emergency supple- able because they cannot pay the but we will not be going home for mental for $51.8 billion. We passed a money back in 3 years. Christmas until the people of the gulf Katrina short-term tax relief bill for So for the record, we have no real coast understand they have a home $6.1 billion; flood insurance borrowing health care relief, no significant ele- they can go to, if not this Christmas, authority, H.R. 3669, for $2 billion; the mentary and secondary care relief, our some Christmas soon. TANF disaster relief bill for $.3 billion; universities are teetering on bank- The PRESIDING OFFICER. Is there the unemployed insurance provisions ruptcy and closure, and our medical objection?

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13285 Without objection, it is so ordered. grams at last year’s level or at the programs, such as education, for exam- The clerk will report the resolution level of the House budget, whichever is ple, wherein the money goes out basi- by title. less. The House budget cut the Commu- cally next summer, if we use that lan- The legislative clerk read as follows: nity Services Block Grants Program guage—the lower of the House level—it A joint resolution (H.J. Res. 72) making down to less than $320 million. They doesn’t mean a lot because the money further continuing appropriations for the fis- cut it in half. That is the level it was is not going to go out until next sum- cal year 2006, and for other purposes. in 1986. mer, and we probably will fix this prior There being no objection, the Senate I said in September that it was unfair to going home for Christmas. I think. I proceeded to consider the joint resolu- for poor people to have to have theirs don’t know. We have had CRs going tion. cut right away down to that level be- into January and into February. That AMENDMENT NO. 2672 cause winter was coming and you need is not unusual around here. Mr. HARKIN. Mr. President, I call up the heating energy assistance and So we have a continuing resolution my amendment, which is at the desk. things like that. before us today that says until Decem- The PRESIDING OFFICER. The At that time, at the end of Sep- ber 18, and we think it will be done by clerk will report. tember, there was a lot of talk. We then. It may not be. I don’t know how The legislative clerk read as follows: couldn’t accept this amendment be- many people around here would like to cause the House had gone out. As long The Senator from Iowa [Mr. HARKIN], for bet a dollar to a dime on that one. himself, Mr. JEFFORDS, Mr. KENNEDY, Mr. as the House was out and if we changed Maybe yes; maybe no; get it done by BINGAMAN, Ms. MIKULSKI, Ms. STABENOW, Mr. the continuing resolution, that meant December 18. It could go into next LAUTENBERG, Mr. ROCKEFELLER, Mr. AKAKA, the entire House of Representatives year. Mr. KERRY, Mr. PRYOR, Mr. CARPER, Mr. would have to come back to Wash- Here we have a situation, unlike edu- KOHL, and Mr. LEAHY, proposes an amend- ington, DC, and do something about cation, where the money goes out next ment numbered 2672. this. I said at the time on the floor, big summer, and we will fix it before then, Mr. HARKIN. Mr. President, I ask deal. They came back for a lot of other certainly. The Community Services unanimous consent that reading of the things; they could come back for this, Block Grant program goes out quar- amendment be dispensed with. too. terly. Every quarter, the money goes The PRESIDING OFFICER. Without Obviously, my arguments did not out and is used. That means right now objection, it is so ordered. prevail. The amendment was defeated; we are about 7 weeks into this quarter, The amendment is as follows: whereupon, however, the chairman of and the entire nationwide Community (Purpose: To increase the amount appro- the Appropriations Defense Sub- Services Block Grant program has been priated to carry out under the Community committee, the Senator from Alaska, operating at the level of $320 million. Services Block Grant Act) Mr. STEVENS, said that he was going to That is bad enough. If we extend that At the end of the resolution, insert the fol- take my amendment that continues another month, it could be disastrous, lowing: the community services block grants or another 2 months, because it is not SEC. 2. COMMUNITY SERVICES BLOCK GRANT at last year’s level and put it on the like they can draw down some money ACT. Defense appropriations bill, which he somewhere and say: We are going to Notwithstanding section 101 of Public Law 109–77, for the period beginning on October 1, did and for which I commended him. get it next year, we will make up for it. 2005 and ending on December 17, 2005, the We all thought that the Defense appro- They can’t just go to the bank and bor- amount appropriated under that Public Law priations bill would zing through here row the money. They do not have it. If to carry out the Community Services Block right away. Fine. they don’t have the money for weather- Grant Act shall be based on a rate for oper- Here we are. It is November 18, and ization or for Head Start programs or ations that is not less than the rate for oper- the Defense appropriations bill has not for low-income energy assistance pro- ations for activities carried out under such been passed—and we don’t know when; grams, they just do not do it. Act for fiscal year 2005. probably next month, I suppose, before We have had vote after vote here Mr. HARKIN. Mr. President, I under- the end of the year. when Members supported the Low-In- stand that under the order, I will be We have another continuing resolu- come Energy Heating Assistance Pro- recognized for 20 minutes. tion. The continuing resolution expires gram. It is vitally needed. But if you do The PRESIDING OFFICER. That is today at midnight. We know that. The not have the people to administer the correct. continuing resolution is the same. It is program and get the goods and hire the Mr. HARKIN. I might reserve a little at either last year’s level or the House people to administer it, what good does bit of time. I may have other col- budget level, whichever is less. That it do? That is what the Community leagues who will come over to speak. means the Community Services Block Services Block Grant program does. Just to refresh memories, when this Grant program is still cut down to the You may hear talk that the Commu- continuing resolution was passed at level it was in 1986. nity Services Block Grant program is the end of September, I came on the The amendment I am offering today just one part of the picture because floor and offered an amendment that basically says—it is the same amend- there are State and local governments would have kept whole the Community ment, basically—for the purposes of that help. That is true. There are pri- Services Block Grant program. That is this continuing resolution, the commu- vate charities that help. That is true. a program that administers the nity services block grant shall be based That is the good thing about this pro- LIHEAP program, administers a lot of on the rate that it was last year, which gram—it brings a lot of different stake- Head Start programs, Even Start pro- is $636.6 million. holders into play. But there is the an- grams, Older Americans Act programs, On November 8, barely a week and a chor, there is the anchor of the money. elderly transportation programs, emer- half ago, 58 Senators from both sides of If that is not there, they do not even gency shelter programs, weatherization the aisle cosigned a letter saying we have the people to go out and do any- assistance—you get the idea. Most of want to keep the Community Services thing. the programs really help a lot of poor Block Grant Program at the Senate I ask Senators to think about this. people in this country. Last year’s level, at last year’s level. That is what Here is a program that is widely sup- level was $636.8 million. we did in our bill, and 58 Senators a ported; 58 Senators signed a letter a The amendment I offered in Sep- week and a half ago signed this letter week and a half ago. We passed it in tember would have kept the funding of to keep it at the same level. Yet today our Labor, Health and Human Services the Community Services Block Grant we are going to pass a continuing reso- Appropriations Subcommittee when it program at that level. You might say lution that cuts it in half. This con- was on the floor at last year’s level, that was a continuing resolution. A tinuing resolution is until December $636.8 million. No one talked against continuing resolution keeps things at 18. that. It just passed. We all supported last year’s level. Therein lies the prob- There is another unique feature it. As a matter of fact, if I am not mis- lem. about the Community Services Block taken, I think it was later supported The House sent us a continuing reso- Grant Program that I wish to bring to by the House, even though their num- lution that said: We will continue pro- the Senate’s attention. Unlike a lot of bers were less. The conference report

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13286 CONGRESSIONAL RECORD — SENATE November 18, 2005 that was rejected by the House at least Leave the Community Services Block tinuing resolution until December 18, had this high figure in it. Grant program at last year’s level. We but will we really act on it by Decem- So we find ourselves in an odd situa- have all said that is where we want it. ber 18? As I said, who can bet on that tion with another continuing resolu- We need to get that money out there. around here? tion in the dead of winter when the The House is in session. They can pass homeless need a lot of help, when poor it and send it to the President. These are the poorest of our poor people are put to the extreme in terms How much time remains? people. Can’t we at least say we are of buying enough food, energy to heat The PRESIDING OFFICER. The Sen- going to hold them a little bit harmless their homes, get clothes for their kids, ator has 6 minutes 14 seconds. in this? It is not that we are holding finding enough money for rent, going Mr. HARKIN. I reserve the remainder them harmless, we are holding them at to food banks when the food stamps of my time. last year’s level, which means it is cut run out. The PRESIDING OFFICER. The Sen- a little bit simply because of the cost- Any Senator here who has been to ator from Iowa be advised that the of-living increase. But to be cut 50 per- the food banks in their State knows time continues to run. cent, and in 13 States to be cut by 75 that the food bank demand is up over Mr. HARKIN. How much time total? percent, is grossly unfair. what it has been in the past because The PRESIDING OFFICER. Five food stamps are running out about the Let’s do the moral thing. Let’s do the minutes sixteen seconds. The Senator third week of the month, and poor fam- right thing. This is a very small mat- was originally yielded 20 minutes, and ilies are going to the food banks to get the Senator has used 14 minutes. ter, a small thing to do, to pass this food. I say to any Senator, go to your Mr. HARKIN. How much time on the amendment and send it to the House food bank—any State, I don’t care and have them pass it on. which State it is—go to your food other side? banks, food pantries, and ask them The PRESIDING OFFICER. There is I ask unanimous consent to have whether the demand for food is up over no time on the other side. printed in the RECORD the letter I dis- what it was last year or just a few Mr. HARKIN. Parliamentary inquiry: cussed. I understand I had 20 minutes to speak months ago. That is the program ad- There being no objection, the mate- and there is no time on the other side ministered by the Community Services rial was ordered to be printed in the Block Grant program. to speak on this amendment? RECORD, as follows: The argument that was made in Sep- The PRESIDING OFFICER. The Sen- tember is we could not do this because ator is correct. U.S. SENATE, Washington, DC, November 9, 2005. Mr. HARKIN. There are a couple of the House would have to come back, Hon. ARLEN SPECTER, and they cannot do it, la-de-da, and all other points. Chairman, Senate Subcommittee on Labor, HHS, that stuff. Well, the House is in session The amendment is a straight failure. Education, Appropriations, Washington, today—they may be in session tomor- Senators understand it. But I will DC. row, I don’t know. But they are in ses- point out, because of a quirk in the Hon. TOM HARKIN, sion today. We could pass this amend- Ranking Member, Senate Subcommittee on law, there are some States that are cut Labor, HHS, Education, Appropriations, ment; say, no, the one program we are more than others. Washington, DC. going to exempt from the 50-percent Here is what that means. This gets a DEAR SENATORS SPECTER AND HARKIN: We cut of the House of Representatives is little complicated, but I think the applaud the Senate Labor, Health and Community Services Block Grant pro- States that are going to be voting need gram. Send it back to the House, let Human Services, and Education Appropria- to know this. If the total funding for a tions Subcommittees (Labor HHS) for restor- them bring it up and pass it and send it fiscal year is less than $345 million, ing funding to the Community Services to the President. The argument that then no State shall receive less than Block Grant (CSBG). In the face of budget we could not do it because of the time one-fourth of 1 percent. Now, last year, constraints and competing priorities, we pressures does not hold any longer. since we cut it back to $320.6 million, urge you to uphold the Senate funding level This is just a matter of simple jus- that means there are 13 States—Alas- of $637 million in negotiations with the tice. If this were a program that could ka, Delaware, Hawaii, Idaho, Maine, House on H.R. 3010, the Labor-HHS Appro- make up the money later on next year, Montana, Nevada, New Hampshire, priations bill. it would be different. This is now. Peo- North Dakota, South Dakota, Utah, As you know, CSBG helps to strengthen ple need help now for housing, for rent- Vermont, and Wyoming—that are not al assistance, food banks, heating en- communities by helping low-income individ- cut by 50 percent; they are cut by 75 uals and families to become self-sufficient. ergy assistance, Head Start, foster percent. Because of a quirk in the law, grandparents, rental assistance. Nearly one-fourth of Americans living in 13 of our smallest States have a 75-per- One of the things the Community poverty receive services from CSBG grantees cent cut. That is what they are oper- Services Block Grant program does for located in 90 percent of the nation’s coun- ating at right now in those States. people includes if they are evicted and ties. Please enable these entities to continue I say to the Senators from those their vital assistance to families and com- they need someplace to stay. Think of the single mother with two or three States, this may not be knowledge to a munities. children. The husband has left her and lot of Members. I happen to know We urge you to insist on the Senate posi- gone off someplace. They have been in about this program because I am on tions in CSBG, $637 million, during final ne- an apartment, maybe there has been an both the committees that administer gotiations on H.R. 3010. Thank you for your illness in the family for which they are it, but this is a program that helps the continued efforts on this issue. not covered—who knows what kind of poorest in our country. Sincerely, Charles E. Grassley, Orrin G. Hatch, calamities could have hit—and they I anticipate there may be some other Olympia J. Snowe, Rick Santorum, find themselves evicted. They can go to reasons people do not want to vote for this, but as long as 58 Senators signed Christopher J. Dodd, Edward M. Ken- the local community action agency in nedy, Max Baucus, Jeff Bingaman, Jim their area. One of the things they will the letter a week and a half ago, as Bunning, Lamar Alexander, Richard do is they will find them a place to long as the House is in session, it Burr, Mike DeWine, George Allen, Con- live. They will give them rental assist- seems to me we could vote on this and rad Burns, Lincoln D. Chafee, Norm ance to get them established and a let the House do it. Coleman, Susan M. Collins, Hillary place to live. That is what this pro- As I said, this is the dead of winter. Rodham Clinton, Kent Conrad, James gram does. What I just described hap- We were told at the end of September M. Jeffords, John F. Kerry, Blanche L. Lincoln, Barbara A. Mikulski, Jack pens 10 times a day in 1,000 cities that the Defense appropriations bill Reed, John D. Rockefeller, Charles across America—100,000 times a day. would be acted upon. This amendment Schumer, James M. Talent, John I hope we can pass this amendment. was included. But it has not been acted Thune, George V. Voinovich, John W. It is very simple and straightforward. on. We are now told we have a con- Warner, Mark Dayton.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13287 Richard J. Durbin, Joseph R. Biden, Jr, Mr. MCCONNELL. I move to lay that resolution because our job is not fin- Barbara Boxer, Maria Cantwell, Thom- motion on the table. ished, and these vital concerns are not as R. Carper, Jon S. Corzine, Byron L. The motion to lay on the table was settled. Dorgan, Dianne Feinstein, Frank R. agreed to. Lautenberg, Joseph I. Lieberman, E. The PRESIDING OFFICER. The joint Benjamin Nelson, Barack Obama, Ken The PRESIDING OFFICER. The resolution having been read the third Salazar, Debbie Stabenow, Russell D. question is on the third reading and time, the question is, Shall it pass? Feingold, Tim Johnson, Patrick J. passage of the joint resolution. The joint resolution (H. J. Res. 72) Leahy, Carl Levin, Bill Nelson, Mark The joint resolution was ordered to a was passed. Pryor, Paul S. Sarbanes. third reading and was read the third Mr. ENSIGN. Mr. President, I move Mr. HARKIN. I yield back the re- time. to reconsider the vote and to lay that mainder of my time and ask for the The PRESIDING OFFICER. The Sen- motion on the table. yeas and nays. ator from Louisiana. The motion to lay on the table was The PRESIDING OFFICER. The Sen- Ms. LANDRIEU. Mr. President, is agreed to. ator yields back the remainder of his this the continuing resolution? The PRESIDING OFFICER. The ma- time. The PRESIDING OFFICER. The Sen- jority leader is recognized. Is there a sufficient second? ator is correct. Ms. LANDRIEU. Mr. President, ear- There is a sufficient second. f The question is on agreeing to the lier this morning we had a colloquy amendment of the Senator from Iowa. that expressed concerns. ORDER OF BUSINESS The clerk will call the roll. The PRESIDING OFFICER. The Sen- The legislative clerk called the roll. ator will be advised that all time for Mr. FRIST. Mr. President, in a few Mr. MCCONNELL. The following Sen- debate has expired. moments, I will propound a unanimous ator was necessarily absent: the Sen- Ms. LANDRIEU. Mr. President, I ask consent request. In essence, what we ator from Oregon (Mr. SMITH). unanimous consent for 30 seconds. will be doing in about an hour is hav- Mr. DURBIN. I announce that the The PRESIDING OFFICER. Without ing another vote on going to con- Senator from New Jersey (Mr. objection, it is so ordered. ference on the HHS appropriations bill. CORZINE), the Senator from Hawaii (Mr. Ms. LANDRIEU. Mr. President, we We will ask unanimous consent for INOUYE), and the Senator from Michi- had a colloquy this morning with the that shortly and divide up the time ac- gan (Ms. STABENOW) are necessarily ab- leader about the need to do more for cordingly. It will be approximately an sent. the victims of Hurricanes Katrina and hour from now that we will have an- I further announce that, if present Rita. I am not going to ask for a record other rollcall vote. As soon as we have and voting, the Senator from Michigan vote, and I am not going to delay the the word on the unanimous consent re- (Ms. STABENOW) would vote ‘‘yea.’’ debate, but I do want to be recorded as quest, I will be propounding that. The PRESIDING OFFICER. Are there voting ‘‘no’’ if we have a voice vote. It I suggest the absence of a quorum. any other Senators in the Chamber de- is very important to let people in this The PRESIDING OFFICER. The siring to vote? country know that our work is not yet clerk will call the roll. The result was announced—yeas 46, finished. While we are breaking for the The assistant legislative clerk pro- nays 50, as follows: holidays, there will be many people ceeded to call the roll. [Rollcall Vote No. 348 Leg.] who have no holiday table to go home Mr. FRIST. Mr. President, I ask YEAS—46 to. Members of this body have worked unanimous consent that the order for very hard. I respect the work that each Akaka Durbin Murray the quorum call be rescinded. Baucus Feingold Nelson (FL) has done. We have worked in a bipar- The PRESIDING OFFICER. Without Bayh Feinstein Nelson (NE) tisan way to address some issues of objection, it is so ordered. Biden Harkin Obama health care, education, and housing. Bingaman Jeffords Pryor But just because we have done our job Boxer Johnson Reed f Byrd Kennedy Reid doesn’t mean the same thing is actu- Cantwell Kerry Rockefeller ally happening on the other side of the Carper Kohl Salazar DEPARTMENTS OF LABOR, Chafee Landrieu Capitol. Sarbanes HEALTH AND HUMAN SERVICES, Clinton Lautenberg There are still more issues that we Schumer Collins Leahy AND EDUCATION, AND RELATED Snowe need to find solutions for. We need to Conrad Levin find a solution for the health care cri- AGENCIES APPROPRIATIONS ACT Dayton Lieberman Specter FOR FISCAL YEAR 2006 Dodd Lincoln Wyden sis along the gulf coast due to the hur- Dorgan Mikulski ricanes and subsequent levee breeches. Mr. FRIST. Mr. President, I ask that NAYS—50 We need to find a solution for the mas- the Chair lay before the Senate a mes- Alexander DeWine Martinez sive housing shortage throughout the sage from the House to accompany H. Allard Dole McCain States that Katrina and Rita whipped R. 3010, the Labor-HHS appropriations Allen Domenici McConnell through. We need to find a solution for bill; provided further, that the Senate Bennett Ensign Murkowski the small businesses that have been request a conference with the House, Bond Enzi Roberts Brownback Frist Santorum devastated and the thousands of people and that the Chair be authorized to ap- Bunning Graham Sessions who have been left jobless. And we need point conferees. I further ask that Burns Grassley Shelby to find a solution to building Category prior to the Chair appointing the con- Burr Gregg Stevens Chambliss Hagel 5 levees and providing plenty of storm ferees, Senator SPECTER be recognized Sununu Coburn Hatch Talent and flood protection which also means in order to make a motion to instruct Cochran Hutchison restoring our vital coastal wetlands, as the conferees on the issue of LIHEAP; Coleman Inhofe Thomas Cornyn Isakson Thune they are our first line of defense. With- provided further, that there be debate Craig Kyl Vitter out this protection, all our other ef- divided with Senators as follows: 10 Voinovich Crapo Lott forts will be for naught. minutes for Senator REED, 7 minutes DeMint Lugar Warner We need solutions, Mr. President. We for Senator HARKIN, 5 minutes for Sen- NOT VOTING—4 need real answers, because it is unset- ator SPECTER, 5 minutes for Senator Corzine Smith tling to know that while we go home to COCHRAN. I further ask that following Inouye Stabenow have Thanksgiving with our families, that time, the motion be temporarily The amendment (No. 2672) was re- my constituents still have real prob- set aside and Senator DURBIN be recog- jected. lems and real needs. And so I thank nized to make a motion to instruct re- Mr. COCHRAN. Mr. President, I move you, Mr. President, for this time and lating to NIH, and there be 15 minutes to reconsider the vote by which the for allowing me to note for the record, for debate for Senator DURBIN on that amendment was not agreed to. that I am voting no to this continuing motion, and that following the use or

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13288 CONGRESSIONAL RECORD — SENATE November 18, 2005 yielding back of debate time, the Sen- usually conducted from community ac- tion will say: This is a great deal they ate vote on the motions to instruct in tion centers. This whole infrastructure have handed us. We can send up the the order offered, and following those suddenly now is going to be declared an programs we like in the regular budget votes, the Chair then immediately ap- emergency process. That would send a and say all of this LIHEAP is just point conferees on the part of the Sen- terrible signal throughout this country emergency. ate. about our commitment to low-income I am terribly concerned about this. The PRESIDING OFFICER. Without heating assistance. It would open a sit- Again, we have spent the last several objection, it is so ordered. uation of uncertainty and a situation weeks in this body, on a bipartisan Mr. FRIST. Mr. President, I ask for that would be counterproductive to basis, a majority of our colleagues say- one modification, that Chairman SPEC- helping poor people struggling with ing not only is this not an emergency TER be given 5 minutes to speak on the heating bills in the winter and cooling program, this is a program that should motion to instruct relating to NIH fol- bills in the summer. be funded even more than $2.1 billion. lowing Senator DURBIN. This would, again, in my view, create So I must express my deep opposition The PRESIDING OFFICER. Without a terrible precedent. We have over the to this proposal. I immensely respect objection, it is so ordered. last several weeks in this Chamber sup- Senator HARKIN and Senator SPECTER. The PRESIDING OFFICER (Mr. ISAK- ported funding of LIHEAP, not on an I know they are laboring under excru- SON) laid before the Senate a message emergency basis, but on a full author- ciating budget constraints that are from the House of Representatives, ization basis of $5.1 billion. We did it squeezing out money for programs that having had under consideration the re- last evening. Unfortunately, because of are necessary for America’s families, port of the committee of conference on procedural obstacles, we needed 60 America’s children, America’s health the disagreeing votes of the two Houses votes. Last evening, a majority of this care, America’s future. But in this des- on the amendment of the Senate to the Senate voted to increase LIHEAP fund- perate moment, it is not a time to un- bill (H. R. 3010) entitled ‘‘An Act mak- ing to $5.1 billion, offsetting it by a dercut a program that serves every ing appropriations for the Departments temporary windfall profits tax. Pre- State in this country well and serves of Labor, Health and Human Services, viously, even a larger majority of the people who need help, particularly as and Education, and Related Agencies Senate voted simply to appropriate $5.1 this winter approaches. I reserve the for the fiscal year ending September 30, billion. Today we are on this floor say- remainder of my time. 2006, and for other purposes.’’ ing not only are we not talking about The PRESIDING OFFICER. The Sen- Resolved, That the House insist upon $5.1 billion, we are talking about the ator from Iowa. its disagreement to the amendment of regular formula money in the regular Mr. HARKIN. Mr. President, first, I the Senate. program suddenly is an emergency. thank my colleague from Rhode Island The PRESIDING OFFICER. The Sen- That is not the emergency funding that for pointing this out. I cannot find any- ator from Pennsylvania. LIHEAP sometimes gets. This funding thing about which I disagree with him. MOTION TO INSTRUCT supports year in and year out the needs I think he is right. This is not the way Mr. SPECTER. Mr. President, I move of people who we know have low in- to do business, normally. that the managers, on the part of the come. They are seniors, they are dis- These are not normal times, however. Senate to the conference on the dis- abled, and they are low-income work- We have a small space in which we agreeing votes of the two Houses on ing families, and they will anticipate might be able to get something done, the Senate amendments to the bill, H. heating and cooling bills. There is no and we have to take advantage of it. I R. 3010, be instructed to insist that emergency here. say to my friend from Rhode Island, I $2,183,000,000 be available for the Low- One of the real problems is, because think it is instructive for all of us that Income Home Energy Heating Assist- we call it an emergency, no funds can there is only one appropriations bill ance Program and that such funds be disbursed until the President de- cut from last year’s level—one. Not shall be designated as an emergency re- clares an emergency. When will that Commerce, State, Justice, not Trans- quirement pursuant to section 402 of H. declaration take place? Will it take portation, not the Housing and Urban Con. Res. 95, of the 109th Congress, the place in August so these community Development, not all of the rest—only Concurrent Resolution on the Budget action agencies can start requesting one appropriations was cut. Guess what for fiscal year 2006. applications, processing applications, it deals with: health; human services; The PRESIDING OFFICER. The mo- or will it take place in October or No- education; labor. That has been cut. tion is pending. Who yields time? vember or January? If it does, then What kind of message are we sending The Senator from Rhode Island. this is going to cause chaos. to Americans? Mr. REED. Mr. President, the in- We were looking weeks ago at the We had a vote on whether to con- structions that the Senator from Penn- chaos caused in the wake of Katrina tinue the Community Services Block sylvania sent to the Chair, in my un- because Federal programs were not re- Grant program at last year’s level. I derstanding, would designate the full alistically grounded in what was hap- pointed out a week and a half ago, 58 amount of LIHEAP funding that is cur- pening. This policy is going to throw a Senators signed a letter—please keep it rently in the appropriations bill as monkey wrench into the normal oper- at last year’s levels. A week and a half emergency spending. ations of the LIHEAP program. ago they vote to cut it, in some cases I understand the motivation. This It also sends a terrible signal, if it is 75 percent. That is why I put the letter bill is underfunded. There are valuable adopted, because we are saying that no in the RECORD right after the vote. I programs that need additional re- longer do we have a regular program want people to see the vote and read sources. Both the Senator from Penn- committed to helping poor people—sen- the letter and see how people signed sylvania and the Senator from Iowa iors, the disabled—with their heating the letter and then how they voted. It strove mightily to try to provide those and cooling bills. What we have is is one thing to sign the letter around resources. They are attempting today something that may or may not exist here and I guess another thing to vote. to try to free up about $2 billion to every year. I guess what I am expressing is this classify some money as emergency I know people will stand up and say, is a terrible appropriations bill that we spending, LIHEAP money. I understand Oh, come on, the reality is they are have for the needs of the American peo- the motivation, but I think it is ex- going to have to declare it this year as ple, for education, basic structure of tremely poor policy. an emergency. I do not entirely agree. health care and public health, for NIH, This LIHEAP program is composed of But more importantly, when next year for basic medical research. This is the two components. There is a regular for- we are looking, under excruciating first time since 1970 that we have flat- mula program which each and every budget pressure, for additional re- lined funding for the National Insti- year every State in this country de- sources, there will be the susceptibility tutes of Health—35 years. That is the pends upon to provide heating and to taking this approach, saying we will bill that Senator SPECTER and I are cooling assistance to its citizens. use this gimmick again. I suspect the faced with. The application process begins before administration—I am not the expert in What we are trying to do is find some the heating and cooling season. It is budgets, but I expect the administra- way of getting some money for health,

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13289 trauma care, rural emergencies—rural with disabilities, if we can help getting we could with the limited funding. But emergency medical services was com- more health care up for rural emer- there simply wasn’t enough money to pletely eliminated—health community gency medical services, if we can help do the job. access program, community health with Head Start, if we can help with Health is our major capital asset. centers—we will not be able to open community health centers—then, for Without health, we can’t function. one new community health center next one time, I think we ought to do it. Education is our major capital asset year under the bill that we go to con- That is why I support the Specter mo- for the future, to give opportunity for ference with. No Child Left Behind is tion to instruct the conferees to put labor and worker training. underfunded; Pell grants are kept at LIHEAP on an emergency basis for this We made the allocations as best we the same level for the fourth year in a one time only. could, but the bill was underfunded. I row. For kids with disabilities, IDEA, With that, I yield the floor. I think I made an effort, joined by Senator HAR- we are going backward. How many had 7 minutes, if I am not mistaken? KIN and by the subcommittee, to put times have we heard, on both sides of The PRESIDING OFFICER. The Sen- LIHEAP in an emergency classification the aisle, Republicans and Democrats ator has consumed his time. for $2.83 billion. get out here and say we have to fully Mr. HARKIN. I yield the floor then. I said in the conference that it would fund IDEA. This bill actually goes The PRESIDING OFFICER. Who enable us to improve the bill—not backward, from 18.6 percent to 18 per- yields time? where it ought to be but improve it cent. Mr. REED. Mr. President, how much substantially. That is why Senator SPECTER and I time do I have? I conferred with Chairman REGULA decided to take this step of having a The PRESIDING OFFICER. There re- and considered the projects—or so- motion to instruct the conferees to mains 5 minutes 42 seconds for the Sen- called earmarks—which are $1 billion, take the slightly less than $2.1 billion ator from Rhode Island. Who yields where, as a matter of longstanding tra- in LIHEAP and designate it as an time? Time will be charged proportion- dition, the Members in both the House emergency for this one time only in ately against all Senators controlling and Senate, Democrats and Repub- order for us to get to conference, to put time. licans, are enabled with an allocation pressure on the House to come up with The Senator from Arizona. to make designations within their dis- some more money. Mr. MCCAIN. I understand, under the tricts or States because we know more I am not saying this will stay as an unanimous consent agreement, there about our States and our districts emergency in the final bill. My hope is are Senators who have been given time than, in many instances, do the offi- we will be able to find the money and prior to the vote. I ask those Senators cials who run the bureaucracy of the come up with something so it does not. to come over. Otherwise, under the U.S. Government. But if it does, it is only for 1 year. I rules of the Senate, the time is running I said if we could not get the $2.83 bil- tell my friend from Rhode Island, I will as we speak. lion emergency declaration for do everything I can, everything hu- The PRESIDING OFFICER. The Sen- LIHEAP that it was going to be my po- manly possible in the Senate to ensure ator is correct. sition that we ought not to include the that when it comes up next year, we do Mr. MCCAIN. Mr. President, I yield earmarks for the projects. When we not have it as an emergency, that we the floor. could not get that emergency declara- get a better budget allocation. The PRESIDING OFFICER. The Sen- tion, we struck the earmarked But again I have to say I do not want ator from Rhode Island. projects. anybody around here hiding behind the Mr. REED. Parliamentary inquiry: That was a very tough decision. We skirts of the Budget Committee. They Can the Chair state how much time is are paid to make tough decisions say the reason we got a bad bill, the remaining on all sides? around here. I can’t think of one in the reason our bill, the one that funds The PRESIDING OFFICER. The time I have been here more dis- Health and Human Services and Edu- Chair will attempt to determine that appointing to a lot of people in Amer- cation and Labor—the reason it is cut number. ica who are relying on these projects. is because the Budget Committee gave At the outset of the subtraction of Although, the $1 billion spread around us a bad budget. the proportional time, the Senator the country, here and there, is not un- Fine. But did you vote for it? Did you from Rhode Island controlled 5 minutes substantial—a lot of people were dis- vote for the budget? If you voted for 42 seconds; the Senators from Mis- appointed. Many Members were dis- the budget, you own this bill. Don’t sissippi and Pennsylvania each con- appointed that the traditional alloca- hide behind the skirts of the Budget trolled 5 minutes; approximately 4 tions were not made. Committee. If you voted for the budg- minutes have been consumed, of which It is my hope that we can put the et, you own it. You bought it. So any- 2 will be charged against the Senator $2.83 billion into LIHEAP. We are fac- one who voted for the budget, this is from Rhode Island and 1 each to the ing a drastic situation with fuel costs, what you got. Senators from Pennsylvania and Mis- as we all know, and as significantly oc- I share a little frustration on this, sissippi. And the clock continues to casioned by Hurricane Katrina, which also, as you can probably tell. But I run. is an emergency. If there ever was a think in this one case we desperately, The Senator from Rhode Island. clear-cut emergency, it is what the drastically need to meet the human Mr. REED. Mr. President, I ask unan- consequences of Hurricane Katrina are. needs of the people of our country. We imous consent that I be given 2 min- The fuel costs are a direct result of are up against almost an intransigent utes prior to the completion of the that. This is a classical, quintessential House and an administration I think, time so I could respond to the com- emergency. quite frankly, that does not care. If ments of the Senator from Pennsyl- I think we have the 51 votes to pass they cared, they wouldn’t be treating vania and Senator HARKIN. I think it it here in the Senate. The difficulty is us like this. To them, this is nothing. appropriate that I be able to respond to going to be in getting our House col- Community action agencies, LIHEAP? his comments. leagues to agree to it. That is just poor people. They don’t The PRESIDING OFFICER. Is there But I hope we work our way out of count because they probably don’t vote objection? Without objection, it is so this morass and impasse with approval anyway, and they certainly don’t con- ordered. of this resolution and ultimate ap- tribute any money, so therefore why Mr. SPECTER. Mr. President, the ap- proval by both bodies. even pay attention to them. propriations bill on Labor, Health, I yield the floor. I share the frustration of my friend Human Services and Education, in my The PRESIDING OFFICER. The Sen- from Rhode Island. Normally, this judgment, as I have said repeatedly, is ator from Rhode Island is recognized. would not be the way to do it, but as I vastly underfunded. The Senate passed Mr. REED. Mr. President, I respect said, this is an abnormal situation in a bill within the context of our alloca- immensely the Senator from Pennsyl- which we find ourselves. If we have to, tion. Working with my colleague, Sen- vania and the Senator from Iowa who as a one-shot deal, push this into the ator HARKIN, and our very energetic tried to take a budget that is inad- emergency column so we can help kids and devoted staff, we did the very best equate and fulfill many programs. But

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13290 CONGRESSIONAL RECORD — SENATE November 18, 2005 I strenuously object to the classifica- derstand how vulnerable each and entific community. We take a backseat tion of LIHEAP in this way as an emer- every one of us and every member of to no one when it comes to medical re- gency program. our family could be with one diagnosis search. If we pass budgets such as the There are two components of from a doctor. ones sent to us by the NIH, we will be LIHEAP. This is a program that has I salute the chairman of the com- weakening our commitment. been appropriated for years and years mittee, Senator SPECTER, and Ranking The bill the House rejected just yes- and has built up a locked-in structure Member HARKIN of Iowa. I can’t find terday includes only a $150 million in- in every State to go ahead and solicit any stronger advocates for medical re- crease in National Institutes of Health applications and to process the applica- search than these two Senators. funding, the lowest increase in 36 tions. They have to have some sense The bill that we are considering that years. You say to yourself, well, $150 that this program is going to be in came to us from conference is a bill million more in these times cannot place, not depending upon our Presi- which turns its back on all the hurt. Considering the rate of bio- dential emergency declaration at some progress we have made by putting medical inflation, what it costs to do time in the year. money into medical research. Unfortu- research, this increase represents a cut There is another component which is nately, this bill would result in our in funding. Assuming no change in emergency. That is additional funds. funding the National Institutes of committed resources, it means there But we are creating bad policy and bad Health at a level inconsistent with the will be 505 fewer research projects next precedent. pattern of growth that we have seen year at the National Institutes of There are a number of programs in over the last several years. Health than there were this year. this Labor-HHS bill that could also Let me be as specific as I can. I have Could one of those important been declared emergencies. heard from people across Illinois about projects, projects that have been care- We have a children’s vaccination pro- how important medical research is to fully evaluated, be that critical project gram that provides vaccines. The them and their families. My family for you, your family, your children, or States have offices that have to deal knows that, and the families of every- someone you love? If it is, is this not a with it. They have to predictably know one watching know it, too. false economy, to cut this budget at they are going to have these funds. Eight-year-old Claire Livingston, this moment in our history? Can we This is bad policy and bad precedent. who is living with type II diabetes, really afford to shortchange our Na- It is being forced because the budget is came by my office. More and more chil- tion’s premier research institution inaccurate. I think it is a desperate dren are affected by diabetes. Claire when illnesses such as heart disease moment to do this. It would send a ter- checks her blood glucose level several and stroke continue to be leading rible signal to people throughout this times a day and adjusts her medica- causes of death? When so many people country and State and local commu- tion, her diet, her activity levels. She are afflicted with so many forms of nity agencies that are dedicated to this is bright and happy. Her mother wakes cancer? These diseases will cost our program that they can no longer de- her up in the middle of the night to country $394 billion in medical ex- pend upon the formula for LIHEAP make sure she is going to be alive in penses and lost productivity in this funds which they have been now for al- the morning. your alone. most 20 years. That is the reality. They only ask In simple dollar terms, the amount of I hope my colleagues will reject this one thing of me. Please make sure that money we are alleging we will save by proposal. we continue the research into diabetes cutting medical research just means I yield the floor. at the National Institutes of Health. more people afflicted with disease, MOTION TO INSTRUCT CONFEREES Autism: Are you aware of the fact more medical expenses for them and Mr. DURBIN. Mr. President, I ask that 1 out of every 165 children in for our Nation. unanimous consent that the pending America now suffers from autism? I Increased investment in NIH research motion be set aside and that I may be don’t know why. We are not certain can yield extraordinary breakthroughs. permitted to file a motion at the desk. why. We can maintain our leadership role in The PRESIDING OFFICER. Without Do we want to stop asking the impor- the world in medical research. We can objection, it is so ordered. tant questions? You know the struggle further the missions we have started at The clerk will report. these children go through and their the National Institutes of Health. We The assistant legislative clerk read families go through to cope with their need to significantly increase medical as follows: terrible disease. Why in the world research funding, not back off. We need Mr. DURBIN moves that the managers on would we step away from medical re- to support our Nation’s researchers. the part of the Senate at the conference on search funding in this area? They need to know we stand behind the disagreeing votes of the two Houses on The autism research NIH supports is them. These men and women working the bill H.R. 3010 (making appropriations for looking at biological factors that cause in the laboratories, as I stand and the Departments of Labor, Health, and speak in the Senate, need to know this Human Services, and Education, and Related autism but also looking at interven- Agencies for the fiscal year ending Sep- tions—what works and what doesn’t budget process is not going to move tember 30, 2006, and for other purposes) be in- work. We owe it to the NIH to allow from left to right and up and down. structed to insist on retaining the Senate- them to continue their work. The list They need to know there is continuity passed provisions relating to funding for the goes on and on. and commitment from our Government National Institutes of Health. Members of the Senate and the House so they can dedicate their lives to this Mr. DURBIN. Mr. President, what I are visited on a regular basis by indi- important work. am doing with this motion is making a viduals and families who are suffering I urge my colleagues to join me in statement of policy that I think most from diseases and maladies. They ask charging the conferees to retain the American families would support. It is us to do something, please—whether it Senate language, which increases the this: is cancer or heart research or diabetes budget of the National Institutes of In this troubled time, when we are or asthma. Please make sure the fund- Health by $1 billion. A billion could not having difficulties with our budget, the ing levels continue. be better spent in this economy. Any one area we absolutely must protect is NIH-supported research into mus- who have had the misfortune of learn- medical research at the National Insti- cular dystrophy is promising. Children ing of a serious illness in the family tutes of Health. are living longer. We cannot back off. say a little prayer to God, then try to Over the last 10 years or more, we We cannot lose sight of the enormous find the best doctor and hospital we have made a concerted effort in Amer- role that NIH research plays in the dis- can find. We walk into that doctor’s of- ica to invest more money in medical covery of treatments and cures for the fice, frightened with what we are about research, to ultimately double the life-threatening illnesses that afflict to hear, hoping that doctor will say amount of money going into medical millions of Americans each year—such there is something we can do. If the research. It is a heroic effort, and it is as heart disease, cancer, and stroke. doctor says they are not quite there the right thing to do under Presidents NIH research grants have moved us yet, this illness that we are concerned of both political parties because we un- to the forefront of the world’s sci- about is one that they do not have a

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13291 grip on yet, we pray to God that some- We are on the vanguard of enormous Mr. COCHRAN. Mr. President, I move one somewhere in a laboratory con- advances on some classifications of to reconsider the vote by which the nected with medical research is trying cancer, on the research on many mala- motion was agreed to and to lay that to find that cure to save that person we dies which confront America. motion on the table. love so much. It is something of sharper focus this The motion to lay on the table was Unlike most people who can just pray year to me than in the past, although agreed to. for that outcome, we can do something I have steadfastly supported NIH dur- The PRESIDING OFFICER. The about it in the Senate. We can say that ing my entire tenure in the Senate. question is on agreeing to the motion a national priority will be medical re- This is a modest addition. I believe this to instruct offered by the Senator from search come hell or high water. We can Senate will instruct the conferees, and Illinois. say that we are not going to back out we will have more than 50 votes. The The yeas and nays have been ordered. of a 36-year commitment to increase difficult part is getting it done in con- The clerk will call the roll. the funding for the National Institutes junction with the House. It is a good The assistant legislative clerk called of Health. amendment. I urge my colleagues to the roll. Some will argue there are higher pri- support it. Mr. MCCONNELL. The following Sen- orities. There are some who believe tax I yield the floor and yield back the ator was necessarily absent: the Sen- cuts for wealthy Americans are much remainder of my time. ator from Nevada (Mr. ENSIGN). more important than dealing with The PRESIDING OFFICER. The Mr. DURBIN. I announce that the medical research. Those ranks do not question is on agreeing to the motion Senator from Delaware (Mr. BIDEN), include this Senator. I believe medical made by the Senator from Pennsyl- the Senator from New Jersey (Mr. research should be the highest priority. vania. CORZINE), the Senator from Hawaii (Mr. It has no partisan side to it. Repub- The yeas and nays have been ordered. INOUYE), the Senator from Nebraska lican and Democrats, people who do The clerk will call the roll. (Mr. NELSON), the Senator from Michi- not vote, we all get sick. We all pray The legislative clerk called the roll. gan (Ms. STABENOW), are necessarily Mr. MCCONNELL. The following Sen- there will be a commitment by this absent. I further announce that, if ator was necessarily absent: the Sen- Senate and by this Nation for premier present and voting, the Senator from ator from Nevada (Mr. ENSIGN). medical research to find cures for those Nebraska (Mr. NELSON) and the Sen- Mr. DURBIN. I announce that the illnesses. ator from Michigan (Ms. STABENOW) Senator from Delaware (Mr. BIDEN), I yield the floor and suggest the ab- would each vote ‘‘yea.’’ the Senator from New Jersey (Mr. The PRESIDING OFFICER. Are there sence of a quorum. CORZINE), the Senator from Hawaii (Mr. any other Senators in the Chamber de- The PRESIDING OFFICER (Mr. INOUYE), the Senator from Nebraska siring to vote? THUNE). The clerk will call the roll. (Mr. NELSON), and the Senator from The result was announced—yeas 58, The legislative clerk proceeded to Michigan (Ms. STABENOW) are nec- nays 36, as follows: call the roll. essarily absent. Mr. DURBIN. I ask unanimous con- [Rollcall Vote No. 350 Leg.] I further announce that, if present sent that the order for the quorum call YEAS—58 and voting, the Senator from Nebraska be rescinded. Akaka Dodd Mikulski (Mr. NELSON) and the Senator from Alexander Dorgan The PRESIDING OFFICER. Without Murray Michigan (Ms. STABENOW) would vote Allen Durbin Nelson (FL) objection, it is so ordered. ‘‘aye.’’ Baucus Feingold Obama Mr. DURBIN. I yield back all remain- Bayh Feinstein The PRESIDING OFFICER. Are there Pryor ing time. Bingaman Harkin Reed any other Senators in the Chamber de- Boxer Hutchison The PRESIDING OFFICER. Without Reid siring to vote? Burr Isakson Roberts objection, it is so ordered. Byrd Jeffords The result was announced—yeas 66, Rockefeller Cantwell Johnson Mr. DURBIN. I ask for the yeas and Salazar nays 28, as follows: Carper Kennedy nays on the pending motions. Sarbanes [Rollcall Vote No. 349 Leg.] Chafee Kerry The PRESIDING OFFICER. Is there Schumer YEAS—66 Chambliss Kohl objection to requesting the yeas and Clinton Landrieu Smith nays on two motions concurrently? Akaka Dorgan Mikulski Coleman Lautenberg Snowe Baucus Durbin Murkowski Collins Leahy Specter Without objection, it is so ordered. Bayh Feingold Murray Conrad Levin Talent Is there a sufficient second? Bennett Feinstein Nelson (FL) Cornyn Lieberman Warner There is a sufficient second. Bingaman Frist Obama Dayton Lincoln Wyden The yeas and nays were ordered. Bond Grassley Reid DeWine Lugar Boxer Hagel Rockefeller Mr. SPECTER. Parliamentary in- Burns Harkin Salazar NAYS—36 quiry: Do I have 5 minutes on the Dur- Burr Hatch Santorum Allard Domenici McCain bin motion? Byrd Hutchison Sarbanes Bennett Enzi McConnell The PRESIDING OFFICER. The time Cantwell Jeffords Schumer Bond Frist Murkowski Clinton Johnson Shelby Brownback Graham Santorum was just yielded back. Coburn Kennedy Smith Bunning Grassley Sessions Mr. SPECTER. The time was yielded Cochran Kerry Snowe Burns Gregg Shelby back? Coleman Kohl Specter Coburn Hagel Stevens Collins Landrieu Stevens Senator DURBIN did not have the au- Cochran Hatch Sununu Conrad Lautenberg Sununu Craig Inhofe Thomas thority to yield back my time. Dayton Leahy Talent Crapo Kyl Thune I understand he did not have that au- DeWine Levin Thune DeMint Lott Vitter thority. I am obliged it was not Sen- Dodd Lieberman Voinovich Dole Martinez Voinovich Dole Lugar Warner ator DURBIN. It was unnamed conspira- Domenici Martinez Wyden NOT VOTING—6 tors that I will deal with later. NAYS—28 Biden Ensign Nelson (NE) I support the amendment of the Sen- Corzine Inouye Stabenow ator from Illinois to reinstate the Sen- Alexander Crapo McCain Allard DeMint McConnell The motion was agreed to. ate mark on the National Institutes of Allen Enzi Pryor Mr. COCHRAN. I move to reconsider Health because the money is needed. Brownback Graham Reed the vote. When you take in the inflation factor, Bunning Gregg Roberts Carper Inhofe Mr. CRAIG. I move to lay that mo- NIH will be funded at a lower rate this Sessions tion on the table. Chafee Isakson Thomas year than last year. Chambliss Kyl Vitter The motion to lay on the table was The Senate has taken the lead, initi- Cornyn Lincoln agreed to. Craig Lott ated by Senator HARKIN and myself and The PRESIDING OFFICER. Under our subcommittee, the full Committee NOT VOTING—6 the previous order, the Chair appoints of Appropriations, to more than double Biden Ensign Nelson (NE) Mr. SPECTER, Mr. COCHRAN, Mr. GREGG, NIH funding from $12 billion to $28 bil- Corzine Inouye Stabenow Mr. CRAIG, Mrs. HUTCHISON, Mr. STE- lion. The results have been remarkable. The motion was agreed to. VENS, Mr. DEWINE, Mr. SHELBY, Mr.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13292 CONGRESSIONAL RECORD — SENATE November 18, 2005 DOMENICI, Mr. HARKIN, Mr. INOUYE, Mr. the lower 48, and that in itself would We are building pipelines, we are REID, Mr. KOHL, Mrs. MURRAY, Ms. drive prices down. Americans have drilling for more natural gas out West LANDRIEU, Mr. DURBIN, and Mr. BYRD power to help themselves if they sim- and in the overthrust belts than we conferees on the part of the Senate. ply would turn their thermostats down ever have before, and there are trillions The Senator from Idaho. by 2 degrees. of cubic feet available out there if we f I am not going to do a ‘‘Jimmy Car- can get to it. We are making every ef- ter’’ on you by saying put on a sweater, fort to, and this administration is MORNING BUSINESS but if you did turn your home heating doing just that. In the interim, in the Mr. CRAIG. Mr. President, I ask thermostat down by 2 degrees and if reality of a cold winter, America, you unanimous consent that there now be a you did put on a sweater and if you are can help yourself. America, you can period for the transaction of morning a couple living by yourself in a large drive a little slower, you can turn your business, with Senators permitted to home and you turn off the radiators in thermostats down, and if we were all to speak for up to 10 minutes each. some of your bedrooms that you are do that collectively, it would have a The PRESIDING OFFICER (Mr. MAR- not using and close the doors, there dramatic impact on the marketplace TINEZ). Without objection, it is so or- could literally be a dramatic savings and on consumption. dered. across this country. Does it have to be mandated by law? Mr. CRAIG. Mr. President, I ask If you want to change your gas price Need there be a law to tell you that unanimous consent that I be able to experience at the pump, instead of you can save a little money by those proceed for 10 minutes, to be followed driving 70 and 75 or 80 miles per hour actions? I would hope not. I would hope by the Senator from Massachusetts, on the freeway, why don’t you go back that the wisdom of the pocketbook Mr. KERRY, for 10 minutes. to 60 or 65? And if you turned it down would suggest that we be prudent as to The PRESIDING OFFICER. Without and slowed it down, oil consumption a procedure to follow. objection, it is so ordered. The Senator could drop in a day—a day—in this Senator BINGAMAN and I are going to from Idaho is recognized. country by 1 million barrels of con- supply packets to the offices of our col- f sumption. That is the power of the leagues. We hope our colleagues will American consumer if the American ENERGY CONSERVATION pass those on. We hope our colleagues consumer wants to do something about might take the time to do a public Mr. CRAIG. Mr. President, for the it instead of pointing fingers and blam- service announcement over the course last several weeks, those of us who ing—and there is plenty of that going of the next month, talking to their serve on the Subcommittee on Health around, and we deserve to take some of folks at home about the opportunity and Human Services have been trying it. The consumer is not without power. and what is available. I think it is ap- to find adequate resources amongst Let me suggest this in my time re- propriate, and I think it is the right other resources to fund LIHEAP, the maining. Senator BINGAMAN and I thing to do. money necessary to help low-income would like to help in that effort. So we Senator BINGAMAN and I have coa- families provide for their comfort this are going to provide conservation pack- lesced with industry to see if they can- winter. I thought it would be an appro- ages, packets of information to our col- not collectively begin to produce a priate time to talk about that for a lit- leagues’ offices that they can send out greater message of clarity about the tle bit because I think Americans need in their letters to their constituents opportunity in the marketplace to con- to understand they are not without advising and assisting in this kind of serve and to save and, in so doing, to power to do a few simple things over conservation effort. We hope you do it. lower the overall cost of energy and its the course of the next several months If every Senator and all Senate staffs impact upon the American economy. of this winter to help themselves as it turn off their computers when they go Want to give yourself a Christmas relates to the heating of their own home at night—shut them down, hit gift? Put on a sweater and turn the homes. the off switch, turn out the lights in thermostat down 2 degrees. Americans spend more than $160 bil- your office. If that were done across I yield the floor. lion—that is right, $160 billion—a year America today, heating bills and en- The PRESIDING OFFICER. The Sen- on heat, cooling, lights, and living in ergy bills would drop precipitously. ator from Massachusetts. their homes. That is an awful lot of But we are in this mode of every- Mr. KERRY. Mr. President, I ask money. If most Americans are like I thing on, all the lights on, the thermo- unanimous consent I be permitted to am, I would like to know how I can stat turned up because we are still liv- proceed for such time as I may con- bring that number down a little bit, ing in the memory of surplus and inex- sume in order to finish my statement. how I might be able to tighten my belt pensive energy. That memory is gone. It will not be much more than 10 min- a little or my family’s budget a little The reality is that the world has utes. bit during this time of extremely high- changed significantly, and while we The PRESIDING OFFICER. Without priced energy. scramble to catch up and provide in- objection, it is so ordered. We hear about record natural gas creased availability of supply in the Mr. KERRY. Subsequently, I ask prices and 30- and 40- and 50-percent in- market—and that is what we are doing unanimous consent that the Senator creases in heating bills this winter for and that is what the national energy from Arizona, Mr. KYL, be recognized those who heat with natural gas. We policy passed in August is attempting to speak after me. know those who heat with home heat- to do—while that is happening, you The PRESIDING OFFICER. Without ing oil in the Northeast are going to know what we can do: We can help our- objection, it is so ordered. pay substantially more. In the West selves. f and in the pipelines of the West on So once again I say to America, turn which my home is connected, where your thermostat down a few degrees, JACK MURTHA, AN AMERICAN there is more gas, we are still going to put on a sweater, shut portions of your PATRIOT be paying 25 or 30 percent more. house down and take literally tens, if Mr. KERRY. Mr. President, yester- What might we do about it? Let me not hundreds, of dollars off your heat- day, as all of us know, JACK MURTHA, suggest a couple of things. ing bill in the course of a winter. If we one of the most respected Congressmen Do you know that if you lower your do it collectively across America, by on military affairs, one of the most re- home heating thermostat by 2 de- spring, natural gas prices could be spected Congressmen on national secu- grees—by 2 degrees—for every degree down dramatically, and we would not rity issues, a former marine drill ser- you lower it, you save 1 percent on see the kind of job loss that is occur- geant and a decorated Vietnam vet- your heating bill. We were told by ex- ring today in the chemical industry as eran, spoke out on our policy in Iraq. perts recently who were testifying be- large manufacturing plants are shut Whether one agrees or disagrees with fore the Energy and Natural Resources down simply because they cannot af- Congressman MURTHA is not the point. Committee, if every American did that ford the price of natural gas, and they He did not come to this moment light- this winter, by spring, we could poten- are moving elsewhere in the world to ly. Any one of us who knows Congress- tially have a surplus in natural gas in produce their product. man MURTHA or anybody who has

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13293 worked with him over these years, Re- CHUCK HAGEL showed that he has not bands, and their fathers who are over publican or Democrat, respects this forgotten that when he said: The Bush there. They are concerned and want an man, respects his personal commit- administration must understand that open debate about what will best sup- ment to our country, respects his un- each American has a right to question port the troops and how to get them derstanding of these issues, and under- our policies in Iraq and should not be home the fastest with the job done the stands he did not come to that moment demonized for disagreeing with them. most effectively. lightly. Too many people seem to have for- The only way to get it done right in He spoke his mind and he spoke his gotten that long ago and too many of Iraq, the only way to get our sons and heart out of love for his country and our friends on the other side of the daughters home, is for all of us to out of absolute and total unconditional aisle somehow think that asking tough weigh in on this issue. We also need to support for the troops, of which he was questions is pessimism. It is not pes- be mindful that as the White House yet once one. simism. It is patriotism. It is how one again engages in a character assassina- I do not intend to stand for, nor lives in a democracy. We are busy try- tion to stop Americans from listening should any of us in the Congress stand ing to take to Iraq and take to Afghan- to the words of a military expert and for, another Swiftboat attack on the istan and take to the world the democ- understanding the consequences, we character of JACK MURTHA. It frankly racy we love and we are somehow un- need to understand the consequences of disgusts me that a bunch of guys who willing to fully practice it at home. the road we have already traveled be- never chose to put on the uniform of We have seen the politics of fear and cause when one looks at the road we their country now choose in the most smear too many times. Whenever chal- have already traveled, it makes it even personal way, in the most venomous, lenged, there are some Republican more imperative that we have this de- to question the character of a man who leaders who engage in the politics of bate and engage in this dialogue. did wear the uniform of his country personal destruction rather than de- It is a stunning and tragic journey and who bled doing it. It is wrong. He bate the issues. It does not matter who that on many different occasions even served heroically in uniform. He served one is. When they did it to JOHN defies fundamental common sense and heroically for our country. MCCAIN, we saw that it does not matter leaves a trail of broken promises. From Have we lost all civility and all com- what political party one is in. When the very start, when we were talking mon sense in this institution and in they did it to Max Cleland, we saw that about what it might cost or not cost, this city? No matter what J.D. it does not matter if one’s service put when an administration official sug- HAYWORTH says, there is no sterner them in a wheelchair. And when they gested it would cost $200 billion, he was stuff than the backbone and courage did it to JACK MURTHA yesterday, per- fired, not listened to. When people won- that defines JACK MURTHA’s character haps the most respected voice on mili- dered how we would pay for the war and his conscience. tary matters in all of the Congress, we and we were told the oil will pay for it, DENNIS HASTERT, the Speaker of the saw that some in this administration while others were saying the oil infra- House, who never chose to put on the and their supporters will go to any structure was not sufficient to pay for uniform of his country and serve, lengths to crush any dissent. it, they were not listened to. When the called JACK MURTHA a coward and ac- Once again, some are engaged in the cused him of wanting to cut and run. lowest form of smear-and-fear politics administration could have listened to On its face, looking at the record, look- because I guess they are afraid of actu- General Shinseki and actually put in enough troops to maintain order, they ing at his life, JACK MURTHA has never ally debating a senior Congressman chose not to. When they could have cut and run from anything. JACK MUR- who has advised Presidents of both par- learned from George Herbert Walker THA was not a coward when he put him- ties on how to best defend our country. self in harm’s way for his country in They are afraid to debate the substance Bush and built a genuine global coali- Vietnam and he earned two Purple with a veteran who lives and breathes tion so we had the world with us, not Hearts. He was a patriot then and he is the concerns of our troops, not the most of the world questioning us or a patriot today. He deserves his views empty slogans that sent our troops to against us, they chose not to. When to be respected, not vilified. war without adequate body armor, they could have implemented a de- tailed State Department plan for re- JACK MURTHA did not cut and run without adequate planning, without when his courage earned him a Bronze adequate strategy. constructing post-Saddam Iraq, they Star, and his voice ought to be heard Maybe they are terrified of actually chose not to. When they could have today, not silenced by those who would leveling with the American people protected American forces and pre- actually choose to cut and run from about the way that they did, in fact, vented our kids from getting blown up the truth. mislead the country into war or of ad- by ammunition that was in the dumps Just a day after Vice President DICK mitting that they have no clear plan to of Saddam Hussein and in the various CHENEY, who himself had five finish the job and get our troops home. locations our military were aware of, deferments from service to his country Whether one agrees with Jack Mur- they chose not to. Instead of guarding because, as he said, he had other prior- tha’s policy statement yesterday is ir- those ammunition dumps and armor- ities than serving his country, just 1 relevant. The truth is there is a better ies, they chose not to. When they could day after he accused Democrats of course for our troops and a better have imposed immediate order and being unpatriotic, the White House ac- course for America in Iraq. The Senate structure in Baghdad after the fall of cused JACK MURTHA of surrendering. itself went on record this week as say- Saddam, Secretary Rumsfeld shrugged JACK MURTHA served 37 years in the ing exactly that. Every Senator in this his shoulders and said, Baghdad was U.S. Marine Corps. JACK MURTHA does body voted one way or the other to ex- safer than Washington, DC, and they not know how to surrender, not to press their feelings about Iraq. chose not to take action. enemy combatants and not to politi- I intend to keep fighting, along with When the administration could have cians in Washington who say speaking a lot of other people, to make certain kept an Iraqi army selectively intact, one’s conscience is unpatriotic. we take that better course for the good they chose not to. When they could The other day we celebrated what of our country. have kept an entire civil structure would have been the 80th birthday of American families who have lost or functioning in order to deliver basic Robert Kennedy. When Robert Kennedy who fear the loss of their loved ones services to Iraqi citizens, they chose opposed the war in Vietnam, despite plain deserve to know the truth about not to. When they could have accepted the fact that his brother and the ad- what we have asked them to do, what the offers of the nations and individual ministration he was in had been in- we are doing to complete the mission, countries to provide on-the-ground volved in articulating that policy, he and what we are doing to prevent our peacekeepers, reconstruction assist- talked about how there was blame forces from being trapped in an endless ance, they chose not to. When they enough to go around. He also said the quagmire. Our military families under- should have leveled with the American sharpest criticism often goes hand in stand—I mean, all one has to do is visit people that the insurgency had in fact hand with the deepest idealism and with them when they come here and grown, they chose not to. Vice Presi- love of country. they talk about their sons, their hus- dent CHENEY even absurdly claimed

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13294 CONGRESSIONAL RECORD — SENATE November 18, 2005 that the insurgency was in its last When the President spoke in re- radical Islamists who are watching throes. sponse, I think he was entitled to be very carefully what we do in Iraq. All of these mistakes tell us some- listened to and not ridiculed and not When you remember what Saddam thing. They scream out for a debate. condemned for criticizing those who Hussein said about the weak horse and They scream out for a dialogue. They disagreed with him. Neither side need the strong horse, you know how impor- scream out for a policy that gets it back away from making their argu- tant it is for the United States to right. ments and arguing that the other side maintain a firm, strong position with We are in trouble today precisely be- is wrong. But of course no one should respect to completing the job in Iraq. cause of a policy of cut and run where be questioning anyone else’s patriot- To the extent that there is a sugges- the administration made the wrong ism. It is assumed anyone who serves tion that we will back out if they keep choice to cut and run from established this Government, and certainly anyone enough pressure on us, it does play into procedures of gathering intelligence who has put on the uniform of this their hands because they simply play and of how it is evaluated and shared Government, is a patriot. In the case of the waiting game in order to wait us with the Congress; to cut and run from Congressman MURTHA, I would be the out until they can move in and do more the best military advice; to cut and run first to assert that fact. evil deeds. That is where I think the from sensible wartime planning; to cut I think there are two critical facts debate comes down. It is a legitimate and run from their responsibility to with respect to this dispute. The first debate to have, but I think the Presi- properly arm and protect our troops; to set of facts is that our intelligence, and dent is on the right side of that debate. cut and run from history’s clear les- that of virtually every other nation in We have to finish the job before we sons about the Middle East and about the world, believed that Saddam Hus- withdraw. Iraq itself; to cut and run from com- sein was a threat to the world and had Mr. KERRY. Will the Senator yield? mon sense. That is the debate some weapons of mass destruction and in Mr. KYL. I am happy to. The PRESIDING OFFICER. The Sen- people appear to want to avoid in this some cases was developing capability for additional weapons of mass destruc- ator from Massachusetts. country. Mr. KERRY. Mr. President, I respect Instead of letting his cronies verbally tion, such as nuclear weapons. Some of the comments of the Senator and I ap- blast away, the President ought to fi- that intelligence turned out not to be preciate the way he has approached it nally find the will to debate the real correct. But it does not mean that the people who debated the issues were and I am grateful to him and thank issue instead of destroying anyone who him, as I am sure others do, for his speaks truth to power as they see it. liars or deliberately misrepresenting comments about Congressman MUR- It is time for Americans to stand up the facts. I daresay, if you took com- THA. I know he would agree with me ments I made on the floor of the Sen- and fight back against this kind of pol- that those who suggested what he is ate and comments the Senator from itics and make it clear that it is unac- saying is cowardly or suggested that is Massachusetts made on the floor of the ceptable to do this to any leader of any surrender, that those are words prob- Senate, they would align pretty close- party anywhere in our country at any ably inappropriate in this debate. I ly. They were pretty similar because time. We can disagree, but we do not think the Senator would agree with me they were based on the same intel- have to engage in this kind of personal that those characterizations have no ligence. The same thing was said by attack and personal destruction. place here. And he is right about the other Democrats and Republicans, by I hope my colleagues will come to the question of how everybody approached floor and engage in this debate. Our people in the administration, by people the intelligence. We all did have a uni- country will be stronger for it. That is in the former administration. I do not fied belief about the existence of weap- what we ought to do instead of attack- think it is appropriate to assign delib- ons—most of us. ing the character of a man such as erate motives to mislead to any of But I disagree with the Senator. I JACK MURTHA. Believe me, that is a those people. would ask him if he does not agree that fight nobody is going to win in our I myself believe that the information there are legitimate areas of inquiry, America. was not correct with respect to the which the Intelligence Committee is I yield the floor. weapons of mass destruction but that now pursuing, with respect to what The PRESIDING OFFICER. The Sen- the people who were giving it to us happened to certain intelligence that ator from Arizona. honestly believed it was correct. So I came to the Congress? For instance— Mr. KYL. I ask unanimous consent to don’t even think the people in the CIA about five areas. One was the speech consume such time as I may take. were deliberately misleading anyone, that was made by the President, where The PRESIDING OFFICER. Without though they turned out to be wrong. he referenced nuclear materials coming objection, it is so ordered. Can’t we agree that people make mis- from Africa which, in fact, the CIA on Mr. KYL. Mr. President, I am going takes, especially with respect to that three different occasions, both verbally to speak in a moment about the PA- murky area of intelligence where noth- and in writing, informed the White TRIOT Act, but before I do, I want to ing is ever black and white, where ev- House: Don’t use this. But nevertheless respond to a couple of comments that eryone is always gathering bits and it was used. were made by the Senator from Massa- pieces of information and trying to Whether that was intentional or in- chusetts. construct a jigsaw puzzle out of it advertent, all we know is that winds up I served with Congressman MURTHA when a lot of pieces are missing and being misleading because the CIA dis- when I was in the House of Representa- where the enemy is deliberately trying agreed with the evidence. tives, and there is no greater patriot in to deceive you? It is very difficult busi- Likewise, telling America they could the United States than Congressman ness. While I am somewhat critical, as deliver biological, chemical weapons MURTHA. In that, the Senator from a member of the Intelligence Com- within the period of 45 minutes, which Massachusetts and I agree. I disagree mittee, of the people who were engaged was disagreed with in the intelligence with Congressman MURTHA’s opinions, in the activity at the time, I don’t community, was not signed off within but that is a matter of debate and that question their motives either. the intelligence community. is one of the reasons we have the kind The other fact that I think is true is Likewise, suggesting Iraq had trained of open society that we do. that it would be wrong for us to leave al-Qaida in the creation of bombs, I do not think anyone is trying to Iraq now. This is where I would dis- bomb making, and poison creation— crush debate or dissent or prevent agree with Congressman MURTHA. I be- not agreed by the intelligence commu- questions from being asked. But it is a lieve the consequences of leaving or nity; in fact, erroneous. fact that when the President of the setting up a timetable to leave soon, Likewise, as the Vice President said United States is accused of deliberate before the job is done, would not only on several occasions, that there was a manipulation of intelligence to bring be absolutely devastating for the peo- meeting between Iraq and al-Qaida us into war—some have even said lied ple in Iraq who have been trying to set operatives, a meeting that the intel- in order to bring us into war—that de- up their own government but would ligence community did not substan- serves response. That is part of a also set us back in the war against tiate, which we now know did not take healthy debate. these terrorists, these evildoers, these place.

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Whether it was intentional I am not sure that anyone has ever other. is the operative question. concluded which were actually correct, The point of all of this is it is one I can’t tell you whether it was inten- or not, but a lot of information has thing to say the intelligence was incon- tional. But I certainly know that when been thrown out that clearly the ma- clusive and in some cases that there you ignore the CIA’s warnings, don’t jority opinion was wrong. I don’t know were disputes in the intelligence com- use this intelligence, and nevertheless that one can say that. munity and in some cases it was not it winds up in the State of the Union So I think we have to be careful. accurate. It is quite another to allege message, there is a disconnect that There are frequently, in intelligence that the people who used the intel- raises the most serious questions, that estimates, little caveats: We are not ligence were misleading other people. leaves a lot of us wondering. sure how good this particular source is; Certainly, I was not deliberately mis- I ask the Senator, does he not agree we are not sure about this particular leading anyone, and I am certain the that those instances where the intel- element. Senator from Massachusetts was not ligence community is in disagreement But usually a consensus is reached. deliberately misleading anyone when and they don’t tell us they are in dis- That consensus is what was briefed to we said roughly the same thing based agreement and we don’t get the same us and that is what we were relying on. upon the same intelligence that sug- intelligence, provides some serious With respect to the four specific gested that Saddam Hussein was a questions? points—with respect to the issue of yel- threat and had weapons of mass de- Mr. KYL. Mr. President, I was very low cake coming from Niger, it was a struction. happy to have the Senator from Massa- fact that the intelligence the United The final point on this, and then I do chusetts take a long time to make a States had was not nearly as conclu- want to turn to the PATRIOT Act, lot of points, asking an important sive as the intelligence from Great there is a bit of a double standard in question. Therefore, I am happy to en- Britain, and therefore the President that critics of the administration are gage in what amounts to a debate on was advised—not the President himself now saying: You can’t just look to the the issue. I would be delighted to com- directly but his speechwriters were ad- consensus opinion, you need to look at ment on the specifics that he points vised—not to suggest that our intel- some of those within the intelligence out. ligence confirmed the attempts of Iraq community who were dissenting about I served on the Intelligence Com- to acquire this nuclear material from certain aspects of intelligence, the so- mittee for 8 years during this period of Niger but rather to refer to a different called nuggets. If you look deeply into time and have a fair degree of informa- intelligence service which, in fact, had this report, you will find there was tion about it. I need to reflect a little concluded that the attempt had been some element of it that did not quite bit carefully about what one can now made. That was the British service and jibe with the rest of the consensus or say because, after a while, you realize, that was the reference in the speech. there was some entity in our Govern- when you are on the committee, it is The British service still stands by its ment that didn’t totally agree with the better not to say a lot because it might position. consensus opinion. As I said, you are be one of the things you should not be With respect to the bioweapons, going to see that through any national talking about. But I think I should there was very good evidence to sug- intelligence estimate or any other de- speak to each of these items. gest, prior to the war, that Saddam scription of intelligence analysis. The last one first. No, I don’t agree Hussein not only had a viable bioter- We encourage that. One of the 9/11 that being in error is the same as mis- rorism program but that he had even Commission recommendations, and the leading. I don’t think that the people mobilized—in one respect, mobilized other commissions that have looked in the intelligence agencies were mis- that program. into this, is that there is not enough leading us. They were, in some in- I am not certain we can say, from the devil’s advocacy going on. There is too stances, in error. Frequently, they ex- Senate floor, how we have finally eval- much ‘‘group think’’ within the intel- pressed their views with caveats and uated the intelligence with respect to ligence community. So it is a good degrees of certainty that, frankly, are that. I think it would be probably dif- thing to have that intelligence ques- not reflected in the public debate. ficult for any Senator to discuss the tioned. Mr. KERRY. Mr. President, will the issue in great length. I would be willing I remember there was actually criti- Senator yield? to acknowledge that, certainly, ques- cism of Vice President CHENEY because Mr. KYL. Let me make my point tions have been raised about whether it he went down to the CIA headquarters here. They have a very careful way of turns out that there were mobile units and had the temerity to ask these expressing their views. In the public devoted to creation of bioweapons. agents: Are you sure about this? Are debate, I have noted the political peo- Third, with respect to the intel- you sure about this intelligence? ple are not nearly as nuanced and care- ligence that Iraq agents had actually They said: What’s he doing that for? ful in expressing these views as the instructed terrorists in bomb making He is a so-called consumer of the in- member of the intelligence community and poison making, that information telligence. He has every right to say: is. was very clear. It was issued by CIA Di- Are you absolutely sure of this? Second, with respect to that, ordi- rector George Tenet. It was public in- People within the administration narily the way that views were ex- formation, so that can be discussed on should be questioning as well. That is pressed to us, and specifically in this the floor of the Senate, and I am aware why I think it is so unfortunate that case, they represented the majority of nothing that draws any question there is, literally, a cabal to attack the opinion or the consensus within the in- about that particular evidence. I do not Defense Department for questioning telligence community. Where there recall whether it specifically related to some of the intelligence community’s were significant questions or dif- al-Qaida or terrorists or al-Qaida-con- estimates—not all of which turned out ferences of opinion within the intel- nected terrorists. I probably should not to be right, as we know. But there is an ligence community, those were noted speak to that issue because I am not investigation that has been actually and sometimes with respect to some certain how much is classified. But it formally requested. In order to get it issues, there were divisions. Without is absolutely certain in public testi- resolved, the Defense Department has getting into a lot of detail, there has mony, and in a letter George Tenet agreed to conduct an inspector gen- been a lot of talk about another issue specifically sent to the Congress he dis- eral’s investigation into one of the of- that the Senator did not raise, the so- cussed the issue of Iraq training ter- fices of the Department of Defense, called aluminum tubes. Without get- rorist bomb makers in the art of chem- into the question of whether it should ting into a big debate about it, you had ical weapon-making. have questioned the intelligence of the

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13296 CONGRESSIONAL RECORD — SENATE November 18, 2005 CIA and taken its analysis and its other kind of projectile. There were that, was it not, that this Senate, after questions to other people within the two agencies within our government full debate, voted to authorize military Defense Department or the national se- that held that latter view. The major- actions in Iraq. curity apparatus of the administration. ity of the intelligence community held Mr. KYL. Mr. President, the Senator Why not? The whole point of these the former view. from Alabama is correct. I would say commission recommendations is people But, yes, I remember as a member of that we should not make too much of ought to be asking questions. The CIA the committee being briefed on that these nuance opinions and disagree- is not a monastery of monks who get and hearing testimony on it numerous ments. In one sense, they are impor- manipulated intelligence that nobody times. tant; but in another sense, you have to else ever looks at. The whole point of Mr. SESSIONS. That was before 78 balance that against the fact that gathering intelligence is so our policy- Members of this body—a majority of there was a mountain of evidence in makers can use it and make decisions the Democratic Members along with a different areas that all add up to the based upon it. When the policymakers majority and maybe all of the Repub- same proposition. And add to that— have questions about it, they have licans—voted to authorize hostilities in some of that turned out not to be cor- every right to ask those questions. And Iraq. rect—but add to that the element of when there is some evidence that sug- Mr. KYL. That is true. judgment. gests the intelligence is not exactly ac- Mr. SESSIONS. We knew these sub- This can’t be overemphasized. Intel- curate, they have a duty to raise that tleties and disagreements, and we were ligence analysts apply judgments and kind of issue. given the best estimate that the intel- common sense to the evidence that There is a bit of a double standard ligence agency was given. they have. Because the evidence is going on that when one wants to criti- Let me ask the Senator this: The CIA rarely black and white, you very rarely cize the administration and wants to is the Central Intelligence Agency. The get the bad guy to say, I will tell you play devil’s advocate, there was a little Senator talked about the contradiction everything I know, and it is everything bit of evidence over here that contra- between saying at one point you should you need to know about this. So you dicted the consensus in the commu- follow one or the other, or the minor- have to exercise judgment. nity, and we should have paid more at- ity opinion. Is one of the responsibil- After the first gulf war, we later tention to that. Maybe so. You can’t ities of the CIA to review all intel- learned that Saddam Hussein was turn around and criticize those, in this ligence and help advise the President, about 6 months away from having a nu- case, in the Department of Defense who as that central agency, what he should clear weapon program. That is fact No. saw the same infirmities, and who had take as reliable? 1. questions about the CIA intelligence Mr. KYL. Mr. President, the Senator Fact No. 2: Throughout the ensuing and now are being criticized because from Alabama is absolutely correct. decade, he hid his programs. He tried they had the temerity to raise those There is an important factor the Amer- to deceive the inspectors. He refused to questions. You can’t have it both ways. ican people need to understand. There comply with U.N. resolutions to release In reality, intelligence is an imper- is not just one intelligence agency, the information. One could, therefore, sur- fect proposition at best, and we ought CIA; there are lots of different ele- mise—or at least it would not be a bad to be playing devil’s advocate and be ments of our Government gathering in- presumption to engage in—that if he asking tough questions about it. But I formation, a lot of it secret informa- had it at one point, or almost had it, daresay, unless you get very good evi- tion. They meet as a group to try to we had evidence he was trying to get dence that someone was deliberately put this together and to reach a con- it. Again, he was hiding the ball at lying or misleading, you shouldn’t sensus. But when the estimates are every opportunity. The intelligence an- throw those kinds of words around. briefed to us and to the President, they alysts have to say, Which way am I Mr. SESSIONS. Mr. President, will try to arrive at a consensus. Fre- going to presume this, that he does or the Senator yield for a question? quently, that consensus is less certain that he doesn’t? They concluded that Mr. KYL. I would be happy to yield. because there are some dissenting there is every indication that we had Mr. SESSIONS. I hope every Senator views that characterize the consensus. better assume that he does. was listening to Senator KYL’s expla- Doubts are expressed in certain tech- The policymakers have to take that nation of the important issues that nical ways. a step further. We say they are not ab- have been raised. I hope the American It is one thing for the community to solutely certain; they are pretty sure, people are listening. He served on the say it is the community’s judgment; of but they are not absolutely certain Intelligence Committee. He has been course, that is stepping down from say- which way we should flop on this. through these debates from the very ing we know it as a fact. A judgment is Should we flop to the direction of inac- beginning. He is a man of integrity, not fact, it is an opinion. Then there tion? Let’s wait until we have absolute and he will be responsible in summa- are further gradations down. We are ex- proof before we do anything, or go the rizing the matters that came before us. posed to those same—these are all other way? This is pretty dangerous He indicated that we hear allegations footnoted. We all know who believed business. If, in fact, he has, we had bet- that things were black and white, when what. But at the end of the day, in ter act now before it is too late. those of us who heard the briefings order for us to get good advice, they We think we will take the action didn’t hear them that way. They try to put it together in a form that that is based upon the proposition that weren’t black and white. The alu- reaches a conclusion. Sometimes be- he will have it. That is a judgment that minum tubes—I ask the Senator from cause there are differences within the we engaged in. Arizona, regardless of the detail of it, intelligence community, those conclu- As my colleague, the Senator from whether he heard from those who de- sions are not as certain or as certainly Arizona, so eloquently has pointed out, briefed us and got various opinions expressed as they are on other occa- the choice was when, not if, we would about that issue, and we were not mis- sions because of that uncertainty. face Saddam Hussein. The question led. We were told there were various Mr. SESSIONS. That is beautifully was, would we do it on his terms or on ways to interpret that evidence, were expressed. I think that is so important ours? We chose to do it on ours. The re- we not? for us to know. sult is Saddam Hussein today stands Mr. KYL. Mr. President, I say that is I want to drive home one point. The trial for mass murder. The Iraqi people exactly right. In fact, the National In- Senator from Massachusetts and other have an opportunity for freedom, and telligence Estimate itself specifically Senators have been complaining about we have an opportunity to transform characterized the dissenting as well as these matters. I remember the brief- that region of the world into one that the majority views with respect to ings we attended. Every Senator was supports peace and opposes evildoers what those tubes were for. The major- invited. Every Senator had the right to and terrorists as opposed to one which ity view was that they were for cen- ask questions. People stayed late, if was a hot bed when Saddam Hussein trifuge, for weapons material produc- they chose to, and asked additional was in charge. tion. The minority view was they questions. They were given these Mr. SESSIONS. Mr. President, again, might be for artillery shells, or some nuanced opinions. It was only after all I thank the Senator for his thoughtful

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13297 and thorough analysis of how we came rhetoric rather than taking it down going to be good for our foreign policy. to know what we knew and how we further. And that applies to every- We look back on it now and say, What came to make the decisions about mat- body—Democrat and Republican Mem- was all the fuss about? He was right. It ters that came before us. We think bers of Congress, or the administra- was a good thing. there is no doubt that Saddam Hussein tion. Those who are threatening to hold up used weapons of mass destruction I came to talk about the PATRIOT the reauthorization of the PATRIOT against his own people. We know that. Act. I would like to make some com- Act should have pretty much the same That is indisputable. Where it went ments because we are in the middle of words spoken to them about the wall. subsequently I don’t know, and people a big debate in the Senate and House This time we are talking about the are shocked that we have not found about the reauthorization of the PA- wall between intelligence and law en- them. We know that the French intel- TRIOT Act. If we don’t reauthorize the forcement. I say to them, ‘‘Tear down ligence agency—the French Govern- PATRIOT Act, all of the tools that we this wall.’’ We did it in the PATRIOT ment opposed our entry into the war— have given to our law enforcement and Act. They are about to let the PA- believed he had weapons of mass de- intelligence community to help us win TRIOT Act expire because they have struction. the war on terror are going to—not some view that every little thing they Those matters were very important. quite, but most of those tools will want has not gotten accomplished in And what I am so glad about is people cease to exist. They will expire. That is the PATRIOT Act. have heard what Senator KYL said and why we have to reauthorize it. This is important business. For those discussed, which is relevant to this Just as it is important for us to give who are threatening to prevent the re- Senate. We knew these things, fellow the men and women in the military the authorization of the PATRIOT Act, I Senators. We discussed these things. tools they need in the missions we send challenge them to come to the Senate Grown people make decisions based on them on, the war on terror, so, too, it today, tomorrow. I will be here. Let’s the best evidence they have. is for us to ensure our law enforcement have the debate. We had many hearings, top secret and our intelligence people have the What are the big deals in the PA- briefings, and every Senator could go. tools they need to carry out the mis- TRIOT Act? The biggest is the wall We heard the argument. We heard the sion that we ask of them. coming down, as I said. There is no dis- evidence. We cross-examined, and we In the war on terror, intelligence and agreement about that. Yet, it is going to go right back up if we do not act. heard the uncertainties and certain the ability to use it in the law enforce- The second provision in the PA- levels expressed by the authorities that ment community are critical to our TRIOT Act that people have focused on success. came before us. Then we came into this is the so-called section 215 which al- body and we voted to send our soldiers One of the greatest things we accom- plished after 9/11 in passing the PA- lows a FISC, Foreign Intelligence Sur- to execute our policy in harm’s way. veillance Court, to issue subpoenas to TRIOT Act was to tear down the wall And we owe those soldiers our support. produce business records. That author- that had been created between our in- We don’t need to be undermining the ity has been in the law for a long time. telligence-gathering organizations and President, or even ourselves and our But we added it to the PATRIOT Act in law enforcement. They couldn’t talk to system, as in this circumstance mak- order to allow the FBI to seek an order each other. One could gather informa- ing the policy. We voted by a 78-to-22 from this special court that was cre- tion, but they couldn’t give it to the vote to make it more difficult to ated for: achieve and to place our soldiers at other, and vice versa. As a result, neither were able to do . . . the production of tangible things (in- greater risk. cluding books, records, papers, documents, I thank the Senator for his wonderful their job in getting information about and other items) for an investigation to ob- comments. terrorists and putting out that infor- tain foreign intelligence information. f mation to proper and good use. Not to obtain foreign intelligence in- There is virtually no disagreement THE PATRIOT ACT formation. And FISC defines ‘‘foreign that I know of that this part of the PA- intelligence’’ as information relating Mr. KYL. Mr. President, I want to TRIOT Act has been critical to our suc- to foreign espionage, foreign sabotage, get to the matter I came to speak on, cess since 9/11. Yet there are those on or international terrorism. the PATRIOT Act. both sides of the aisle in this body who Section 215 is basically a form of sub- The Senator from Massachusetts are threatening to hold up the reau- poena authority, such as that allowed spoke to us about having respect for thorization of the PATRIOT Act be- for numerous other types of investiga- one of our colleagues in the other body cause they haven’t gotten their way on tion. A subpoena is merely a request who is, in fact, a patriot and who cer- every little thing that they want, and for particular information. Unlike a tainly should never be called a coward. some of them don’t even know what warrant—and this is important—a sub- I also want to ask that same def- the conference committee has been ne- poena does not allow a government erence to those in the Defense Depart- gotiating. I am on that conference agent to enter somebody’s property ment and others who were doing their committee and I know what we have and take things. It is only a request. If duty for our country, who could have discussed, and I know what is still a the recipient objects, the Government been in the private sector making a lot matter of issue out there. must go to court and defend the sub- of money and taking care of their fami- I want to talk a little bit about the poena and seek an order for its enforce- lies but chose to serve their country in PATRIOT Act because there is a great ment. Most Federal agencies have the another way in later life by acting on deal of ignorance about what this im- authority to issue subpoenas, and behalf of all of us in matters of na- portant tool does for our war on terror. many agencies have multiple subpoena tional security. The Secretary of De- And we cannot be ignorant, even authorities. fense, Don Rumsfeld, Paul Wolfowitz, though it is a matter of law and a little The Justice Department has identi- Doug Fife, who headed the office I bit complicated. We don’t have the lux- fied over 335 different subpoena au- spoke of, these are patriots. And for ury of being ignorant about this. We thorities in the United States Code. anyone to suggest that someone like have to understand it to appreciate it. One can hardly contend that although Doug Fife or Don Rumsfeld or Paul I will speak to that for a little bit. the Federal Government can use sub- Wolfowitz were misleading anyone is, I believe, like some great controver- poenas to investigate Mohammed Atta frankly, about as low as you can get. sies of the time, history books will if it suspects he is committing Medi- And even loose words such as ‘‘unlaw- record that the controversy over the care fraud that it should not be allowed ful’’ have been thrown about. PATRIOT Act was actually something to use the same powers if it suspects he This is a very bad state of affairs we will look back on and say, What was is planning to fly airplanes into build- that we have come to when that is the all the fuss about? It is a little bit like ings. What sense would that make? kind of discourse we have in talking when President Reagan talked about Some critics argue that most of the about people who have served our coun- tearing down the wall and calling the existing authorities are different be- try honorably. I hope my colleagues Soviets the ‘‘Evil Empire.’’ There was cause section 215 subpoenas do not re- will join me in trying to elevate the great handwringing. This was not late to heavily regulated industries

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13298 CONGRESSIONAL RECORD — SENATE November 18, 2005 like some of the other subpoenas. But ple former Deputy Attorney General section 215; even though it is an impor- even subpoenas issued to investigate Comey has cited is the investigation of tant tool, we need it further restricted. the industries are used to request in- the Unabomber, Ted Kaczynski. Re- So the conference committee said, all formation from persons outside the in- member that the Unabomber’s brother right, let’s first make sure we have a dustry. For example, the Small Busi- had relayed to Federal agents his sus- new statutory relevance standard so ness Administration is authorized to picion that Ted Kaczynski was behind there is no question the information use subpoenas to aid its fraud inves- this decades-long string of mail bomb obtained has got to be relevant to the tigations. When it uses that subpoena, attacks. At the time, the Unabomber foreign intelligence investigation. it can and often does request informa- had recently published this manifesto Another concession made was that tion from others doing business—from which cited several obscure and an- there would be a three-part additional anyone doing business—with the recipi- cient texts. In order to confirm the test which would be put in place to pre- ent of the SBA loan. brother’s suspicions, Federal agents sume relevancy if you can satisfy this In one important way, the authority subpoenaed Ted Kaczynski’s library three-part test. It is going to further in section 215 of the PATRIOT Act is records and discovered that, in fact, he complicate things, further delay even narrower than the authority had checked out these same obscure things. It is not going to be easy for given by most subpoena statutes. This texts cited in the manifesto. the Justice Department to prove. is critical. Unlike these other authori- Section 215 also could have been used Moreover, another layer of bureauc- ties, a section 215 order must be directly to investigate the perpetrators racy was imposed with so-called mini- preapproved by a judge. Many people of the September 11 attacks. How so? mization standards. The Department of who debate the PATRIOT Act ignore We now know that in August of 2001 in- Justice would be required to put into this or do not know it. They say, you dividuals using Internet accounts reg- regulation limits on how long the ma- do not even have to get a court order. istered to Nawaf al Hazmi and Khalid terial could be kept, who it could be It must be preapproved by a judge. al Midhar used public access to com- given to, and so on and so on. Even grand jury subpoenas, despite puters in the library of a State college Those who had concerns about sec- their name, are simply issued by a in New Jersey. The computers in the li- tion 215 brought those concerns for- prosecutor conducting a grand jury in- brary were used to shop for and review ward and those have been negotiated. I vestigation with no judicial review airline tickets on an Internet travel know of no further issue relating to prior to their issuance. reservation site. Al Hazmi and Al section 215 in the conference that Mem- Chief among the complaints made by Midhar were hijackers aboard Amer- bers of either side of the aisle have critics of this section is that it could ican Airlines flight 77 which took off brought forward. So those of my col- be used to obtain records from book- from Dulles Airport and crashed into leagues who have said we are going to stores or libraries. Some of these crit- the Pentagon. filibuster the conference report on the ics have even alleged that section 215 The last documented visit to the li- PATRIOT Act because, among other would allow the FBI to investigate brary occurred on August 20, 2001. On things, it has this section about library someone simply because of the book he that occasion, records indicate that a records. They ought to get informed borrows from the library. Section 215 person using Al Hazmi’s account used about the section, and they also ought could, in fact, be used to obtain library the library’s computer to review Sep- to appreciate the fact that the people records, though neither it nor any tember 11 reservations he had pre- who have negotiated this on both sides other provision of the PATRIOT Act viously booked. of the aisle, on both sides of the Cap- specifically mentioned libraries or in In August of 2001, Federal agents itol, have concluded they are now done any way is directed at libraries. Sec- knew that al Midhar and al Hazmi had with this section. We have put every- tion 215 does authorize court orders to entered the United States. They initi- thing in there we need to to further en- produce tangible records and that ated a search for these individuals be- sure it can never be abused, but we could theoretically include library cause they knew they were associated want to retain it as an important part records. with al-Qaida. Had the investigators Where the critics are wrong is in sug- caught the trail of these individuals— of our tools in fighting terrorism. gesting a section 215 order could be ob- and by the way, one of the criticisms in The second of the three sections I tained because of the books that some- the 9/11 Commission Report was that discuss is section 213, the delayed no- one reads or Web sites he visits. Sec- our Government did not adequately tice searches. This is the so-called tion 215 allows no such thing. Instead, pursue these two individuals; that ‘‘sneak and peek’’ search. It is an un- it allows an order to obtain tangible there was a lot of evidence they could fortunate name. Section 213 of the act things as part of an investigation to have pieced together. They didn’t fol- merely codifies judicial common law, obtain foreign intelligence informa- low it. They let them out of their allowing investigators to delay giving tion, information relating to foreign sights, at which point they were gone. notice to the target of a search that a espionage or terrorism or relating to a They knew they were here, but they search warrant has been executed foreign government or group and na- could not find them. Had they followed against him. Section 213 allows delayed tional security. the trail of the individual and had the notice of a search for evidence of any By requiring a judge to approve such PATRIOT Act already been law, the in- Federal criminal offense if a Federal an order, section 215 assures these or- vestigators would have likely used a court finds reasonable cause to believe ders will not be used for an improper section 215 to use the library records to that immediate notice may result in purpose. And as an added protection see the Internet trail, and history endangering the life or physical safety against abuse, the PATRIOT Act also might well be different. of an individual, flight from prosecu- requires that the FBI fully inform the Finally, over half a dozen reports tion, destruction, or tampering with House of Representatives and the Sen- submitted by the Inspector General of evidence, intimidation of potential wit- ate every 6 months. These checks and the Department of Justice have uncov- nesses, or would otherwise seriously safeguards leave FBI agents little room ered no instances of abuse involving jeopardize the investigation. Notice for the types of witch hunts the PA- section 215. The latest public report in- still must be provided within a reason- TRIOT Act critics conjure up. Any use dicates this authority has been used able period of the warrant’s execution, of the subpoenas, in other words, must approximately three dozen times—not though this period may be extended for be reported to us. all related to libraries, of course. Sec- good cause. Further, and I ask Members to think tion 215 is not used very often. But we The ACLU, in particular, has been about this for a moment, especially in know that when Federal agents do use critical of section 213. One might think view of some of the criticism that has it, it is for an important purpose. I can- an organization seeking to find fault been leveled at the act, I would like to not imagine that any one of us would with this section that deals with the emphasize there are very good and le- want to stop Federal agents from using war on terrorism might focus on some- gitimate reasons why an intelligence section 215 in the way it has been used. thing other than this particular PA- or criminal investigation might extend There were those who said we should TRIOT provision because all it does is to a bookstore or a library. One exam- have some additional restrictions on codify authority that has been allowed

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13299 by the Federal courts for several dec- to return to court to renew the delay- lem stems in large measure because of ades. This is not new. The ACLU al- in-notice provision. the rhetoric, practices and secrecy of leges that section 213 expands the Gov- The Senate bill included a presump- the Bush administration and the ernment’s ability to search private tive delay of 7 days, the House bill a Ashcroft Justice Department. The property without notice to the owner. presumptive delay of 180 days, with no antidote is clear and it is simple—less It also states that section 213: provision for longer delay in particular secrecy, more congressional oversight, . . . mark[s] a sea of change in the way cases. The conference committee has more judicial review and an adjusted search warrants are executed in the United agreed to 30 days. I suggest that is an balance that better protects the rights States. eminently reasonable compromise. And and liberties of all Americans. And it finally has charged that as a for all the huffing and puffing about so- That is what we produced here in the result of the section 213 authorization called ‘‘sneak and peek,’’ this is what Senate when first the Senate Judiciary of delayed notice, ‘‘you may never the real debate has come down to. Committee and then the Senate unani- know what the government has done.’’ I have one more matter, and I will mously adopted our PATRIOT Act re- None of these allegations is true. conclude very quickly, Mr. President. authorization bill. We worked together First, the target of a delayed notice The other section, the third section, and we did so in a timely manner, com- search will always eventually ‘‘know is this one on roving wiretaps. It sim- pleting our work in July. The Senate what the government has done’’ be- ply allows terrorism investigators to appointed conferees immediately. Re- cause section 213 expressly requires obtain a wiretap for any phone that a grettably, the House did not follow that the Government give the target suspect uses rather than limiting the suit. They delayed more than 3 months notice of the execution of the warrant wiretap to a particular phone. Criminal until November 9, just last week and ‘‘within a reasonable period of its exe- investigations already have this au- just a week before Congress was sched- cution.’’ Section 213 clearly and explic- thority. The PATRIOT Act simply up- uled to recess. We lost 3 months that itly authorized only delayed notice, dates the law to give terror investiga- we could have used to find common not no notice. tors the same authority. As I said, this ground and create a better bill. Unfor- Further, section 213 neither ‘‘expands particular section is no longer in con- tunately, the House Republican leader- the government’s ability’’ to delay no- troversy. To my knowledge, all ques- ship played games with the PATRIOT tice nor can it even remotely be de- tions have been resolved in the con- Act while the clock was ticking. scribed as a ‘‘sea change’’ in the law. ference committee on this. Even last week, with conferees newly Twenty-five years ago the U.S. Su- Mr. President, I conclude by noting appointed by the House, I was hopeful preme Court established that ‘‘covert that the conferees have made a very that in our limited time, we could ne- entries are constitutional in some cir- good-faith effort to iron out dif- gotiate in good faith and reach a bipar- tisan, bicameral agreement. We made cumstances, at least if they are made ferences, to add additional protections, some progress over the weekend on im- pursuant to a warrant.’’ That citation preventions of abuse. What it boils portant issues, reaching a tentative is Dalia v. U.S. Congress first author- down to is we have a law that finally gives law enforcement and the intel- agreement on improved reporting re- ized delayed notice searches 35 years ligence community the tools they need quirements that would shine some ago in the 1968 Omnibus Crime Control to fight terrorism. It brings down the light on the use of certain surveillance Act. These searches repeatedly have wall that prevented them from cooper- techniques. I believed that we were been upheld as constitutional. In 1990, the U.S. Court of Appeals for ating in the past. It provides adequate close to striking a reasonable balance on the core civil liberties issues raised the Second Circuit held: safeguards to ensure that no liberties are being diminished. It applies only to by the PATRIOT Act. Certain times of searching or surveillance But on Sunday, the Bush administra- depend for their success on the absence of the investigation of terrorism and premature disclosure. The use of a wiretap, crimes by terrorists against the citi- tion stepped in and, with the acquies- or a ‘‘bug,’’ or a pen register, or a video cam- zens of the United States. It would be a cence of congressional Republicans, the era would likely produce little evidence of pity if we did not move forward to re- bipartisan negotiations were abruptly wrongdoing if the wrongdoers knew in ad- authorize this important piece of legis- ended. The curtain came down. Demo- vance that their conversation or actions lation before it expires. cratic participation was excluded from would be monitored. When nondisclosure of I renew my challenge to my col- the process. As a result the tentative the authorized search is essential to its suc- leagues. If anyone wants to discuss agreements were scuttled based on cess, neither Rule 41 nor the Fourth Amend- this, or debate it, I will be here today. Bush administration demands. ment prohibits covert entry. I will be here tomorrow. For that mat- Further impeding bipartisan You can see why this is so. There are ter, I will be here Monday if they want progress, the conference report was certain circumstances where you can- to do it. It is important we get this being loaded up with controversial pro- not let the ‘‘bad guy’’ know you are lis- done and not leave here until we have visions that had nothing to do with the tening in on his conversations. given our law enforcement officials the PATRIOT Act, terrorism, or anything To the extent the ACLU intends to tools they need to protect us. in either the House or Senate-passed suggest that delayed notice searches Mr. LEAHY. Mr. President, the cur- bills. The PATRIOT Act suddenly was are unconstitutional, it bears mention rent consideration by the Congress of a being used as a vehicle of convenience that the U.S. Supreme Court has al- rewrite of the USA PATRIOT Act is a to pass laws that could not be passed ready addressed that view. I mentioned significant event. These are important on their own merit. This overreaching the 1979 Dalia case in which the Su- issues, and they have become increas- by the House Republican conferees preme Court described that argument ingly important to the American peo- caused more time to be lost, and be- as ‘‘frivolous.’’ ple. cause of the ill-advised choices that If anyone would still wish to argue This bill, more than any other, must were made late in this process, the con- that section 213 is controversial, I have the confidence of the American ference report is not what it should be. would note that on this point, too, the people. I understand that and Chair- The needless and divisive chapter in conference committee has resolved the man SPECTER understands that. I com- the late stages of what should have only issue that was in contention. The mend the chairman for his commit- been—can what could have been—an Senate passed a bill that substantially ment to work in a bipartisan manner, open and bipartisan conference threat- reenacted section 213 with no restric- both during the committee process and ens to undermine national consensus tions on authority. The bill was, by the throughout the House-Senate con- on this bill. Sadly, it also threatens na- way, reported out of the Judiciary ference. He and I agree with the vast tional confidence in how we as a Con- Committee on a unanimous rollcall majority of Americans that a reauthor- gress can best address these important vote, which means even the most vocal ization of the PATRIOT Act’s expiring issues. Before the Bush administration critics agreed to it, and it later passed provisions must be accomplished in a butted in and grabbed the reins, we the full Senate by unanimous consent. bipartisan process, not in a bitter, par- were close to a compromise that could The only debate in the conference over tisan battle. have been acceptable to almost all section 213 is what the presumptive The PATRIOT Act suffers from an members of Congress and to the Amer- time limit should be for investigators image problem. This perception prob- ican public. This is not that conference

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13300 CONGRESSIONAL RECORD — SENATE November 18, 2005 report. I am not sure that this con- The PRESIDING OFFICER (Mr. SES- the smart thing to do with our tax dol- ference report can win the confidence SIONS). The Senator from Texas. lars. In this time of war and frequent of the American people. Rather than Mrs. HUTCHISON. Mr. President, I deployments, recruiting and retention, seek common ground with the Congress thank the Senator from Arizona for the maintaining a ready and available and with the American people that we passion and commitment he has to the workforce is very much on the minds of represent, the Bush administration and protection of our law enforcement offi- our military leaders. We often say, in Republican conferees have taken and cers, who are doing a great job for us. this era of an All Volunteer Force: You abused their power and taken terrible I appreciate what he is saying and recruit individuals, but you retain fam- advantage. doing. ilies. The quality-of-life improvements Just 2 months ago, we observed the f that make our military communities fourth anniversary of the horrific at- great places to live are crucial in the tacks of September 11, 2001. In the UNANIMOUS CONSENT AGREE- retention of military families. Within aftermath of the attacks, Congress MENT—CONFERENCE REPORT TO this conference report before you, we moved quickly to pass anti-terrorism ACCOMPANY H.R. 2528 fund projects that will improve the legislation. The fires were still smol- Mrs. HUTCHISON. Mr. President, I lives of those families. We fund 11 fam- dering at Ground Zero when the USA ask unanimous consent that there be 1 ily housing privatization projects, PATRIOT Act became law on October hour of debate equally divided between which will provide high-quality, mar- 30, 2001, just 6 weeks after the attacks. the two managers in relation to the ket-standard housing for nearly 15,000 Many of us here today worked to- conference report to accompany H.R. military families; 39 barracks projects gether in a spirit of bipartisan unity 2528, the Military Quality of Life and that will get our single soldiers, sail- and resolve to craft a bill that we had Veterans Affairs appropriations bill. I ors, airmen, and marines out of sub- hoped would make us safer as a nation. further ask consent that following the standard living conditions, or, in some Freedom and security are always in use or yielding back of time, and when cases, off ships and into first-rate fa- tension in our society, and especially the Senate then receives the con- cilities; and schools, child development so in those somber weeks after the at- ference report, it be immediately con- centers, and family support centers tacks, but we tried our best to strike sidered, and the conference report be that will ensure our servicemembers’ the right balance. One of the fruits of adopted, with the motion to reconsider children and spouses are cared for, are that bipartisanship was the sunset pro- laid upon the table. included in this bill. visions contained in the PATRIOT Act. The PRESIDING OFFICER. Is there These improvements make it easier These sunsets have allowed us some op- objection? for troops to deploy, to focus on their portunity to obtain key information Without objection, it is so ordered. day-to-day jobs, while giving them the Americans have a right to know, and Mrs. HUTCHISON. Mr. President, I peace of mind that comes with know- to revisit these matters to add more believe what we bring before the Sen- ing their families and homes are taken sunshine and oversight. Those sunsets ate today is a product worthy of our care of, so they can give their atten- were supported by Dick Armey, the Re- support. The conference report has tion to the job we are asking them to publican House majority leader and by been crafted under two different ap- do—protecting America. The con- me in the Senate an unlikely duo I con- proaches. What I believe has emerged is ference report provides the first piece cede, but in this case, a successful and not only a good compromise but also to the most recent BRAC round. With productive alliance that proved to ben- makes strides in both oversight and the funds provided, it places priority efit the American people. We prevailed, policy. What has emerged is a solid rec- on those funds which are critical to thank goodness. ommendation. carrying out BRAC, while providing Sadly, the Bush administration and I thank my chairman, Senator COCH- the necessary financial oversight of the Republican congressional leadership RAN, for his leadership. This sub- resources provided. has largely squandered this oppor- committee faced some extreme budg- For our veterans, we have fully fund- tunity to refine the PATRIOT Act. In- etary shortfalls, and without his lead- ed the President’s request for veterans stead, they are insisting on a con- ership, and basically allocating more benefits and health care. This has not tinuing assault on habeas corpus rights resources to this committee, we would been easy. House and Senate conferees and adding other extraneous matters. not be able to bring this conference re- have provided $22.547 billion for med- Working with Chairman SPECTER, we port to the Senate today. ical services, which includes $1.225 bil- are insisting on modifications to the I also especially thank my ranking lion in emergency funding to fully conference report that will make it member, Senator FEINSTEIN, for her meet the President’s amended request more protective of civil liberties and constant support and willingness to for medical care for the country’s vet- increase opportunities for oversight, work together. I thank her staff as erans. This conference has strongly re- including a 4-year sunset. well: Christian Evans, B.G. Wright, and sponded to the VA’s recent budgetary I thank Senators KENNEDY, ROCKE- Chad Schulken for their hard work and shortfall by putting in place stringent FELLER and LEVIN for their efforts to professionalism, along with my great financial reporting requirements in an improve the draft circulated to us this staff, Tammy Cameron, Dennis effort to avoid the repeat of budget cri- week. I know that some Senate Repub- Balkham, and Sean Knowles. It has ses witnessed this summer in VA lican conferees were not satisfied that been a team effort and I appreciate health care. the draft fully protected Americans’ that so much. We have fully funded the request for civil liberties and thank them for The military construction portion of medical facilities and infrastructure, working to improve this important our bill provides $6.2 billion for mili- totaling $3.3 billion for fiscal year 2006. measure. I hope that the other con- tary construction, $5.1 billion of which We have created three Centers of Ex- ferees will work with us to arrive at a is for Active Component construction, cellence for mental health care, while conference report that we all can sup- and $1.1 billion for Reserve Component at the same time fully funding health port and that we can take to the Amer- construction. It also includes $4 billion care for post traumatic stress disorder ican people together. for family housing. There is $1.75 bil- and other mental health care through- If the Bush administration would co- lion for BRAC implementation and out the VA. operate with us—the people’s rep- cleanup for both 2005 and prior rounds. The conference has funded medical resentatives—we will be better able to The conference agreement also pro- and prosthetic research at $412 million, refine the authorities and uses of na- vides necessary services for our service which is $19 million more than the tional security letters and the other men and women and their families, not President’s request. This is important tools provided in the law. Without that only enabling them to effectively do because we know many of our troops cooperation, with the veil of secrecy their jobs, but also providing an im- coming home from Iraq and Afghani- cloaking so much activity, neither proved quality of life in our military stan are suffering from loss of limbs, to Congress nor the American people will communities. This is important for a greater extent than we have seen be- know or trust what the government is many reasons. Of course, it is the right fore. So we want the research to make doing. thing to do for our military. It is also sure the prostheses they have make

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13301 them fully ambulatory and able to want to compliment her staff for what ing around the Capitol of an across- function in the rest of their lives. has been, I think—on what could have the-board cut to discretionary pro- The conference takes the unprece- been a very difficult bill—a very bipar- grams. I would like to be clear to ev- dented step of providing $15 million tisan, constructive, team-like, prob- eryone, any across-the-board cut to VA specifically dedicated to Gulf War Ill- lem-solving effort. I only wish we had medical services will mean cuts in ness research for this year and the next more of it in the Senate. But I want health care for veterans. There is no 4 fiscal years, fulfilling the Research the chairman to know how much I am other way around it. We can’t allow it Advisory Commission’s recommenda- grateful to her for her leadership, and I to happen. tions on Gulf War Illness. This is a dis- want her staff to know that as well. As I noted earlier, the medical serv- ease for which we must determine the I also thank Chairman COCHRAN— ices proposal includes the $1.225 billion cause so we can treat the one in six what Senator HUTCHISON said was right in contingent emergency funding. This who returned from the Gulf War with about the amount of money—and also means the administration will have to these symptoms and protect future Senator BYRD for their leadership and designate the funding as an emergency service men and women from con- diligence in getting this bill through before it is apportioned to the VA. I tracting this disorder. conference and to the Senate floor. want to send this message loud and The conference report before you As the chairman said, the conference clear to the administration: Do not sit today establishes a new account within report before us today is a first. It pro- on this funding and force the VA to the VA dedicated to information tech- vides for the infrastructure needs of have to begin rationing health care. We nology systems. Not only does this new our military and the health care and will not stand for that. account provide for increased oversight other needs of our veterans. The MILCON portion of the report and consolidated information tech- The bill is a big one. It is an $82.57 provides $12.17 billion to fund state-of- nology efforts within the VA, it codi- billion bill. It includes $12.167 billion the-art facilities. The Senator has fies the new position of a VA Chief In- for MILCON, family housing, environ- mentioned some of them—barracks, formation Officer and subsequent reor- mental cleanup; $70.25 billion for vet- housing for military families, and ganization. I believe this is a critical erans’ benefits and health care—that is other vital infrastructure for service- step toward helping the VA achieve the big addition—and $157.6 million for members around the world. success in medical recordkeeping and several related agencies. Army projects were increased by 19 medical record availability. Its Of the many vital programs the Sen- percent; Air Force, by 18 percent; and HealtheVet-electronic patient records ator elucidated as funded in this con- the Navy, by nearly 8 percent. When project paid great dividends during the ference report, none is more important enacted, this bill will fund Active-com- recent hurricanes. than the funding we provide to meet ponent MILCON at $5.1 billion. We were In fact, the conference report has the medical needs of our Nation’s vet- also able to provide significant in- also responded to the recent hurricanes erans. As a Senator from a State with creases in funding for Reserve-compo- by providing the VA authority to es- the largest population of veterans in nent MILCON. This is important at a tablish an Assistant Secretary for Dis- the Nation, I cannot overstate the im- time when our Reserve Forces are aster Preparedness, something which portance of this issue. We have to sup- being asked to do more than ever be- will enable the VA to better respond to port our veterans to the fullest extent fore and, in many cases, are being de- future disaster situations. possible. ployed to combat zones overseas mul- Finally, we have provided $1 million The conference report before us tiple times. Ensuring that these troops over the President’s request for the today provides $22.547 billion for vet- have adequate facilities in which to American Battle Monuments Commis- erans medical services. Included in train and maintain their equipment is sion for an environmental study to that level is $1.225 billion in contingent crucial to the success of their mission. save the eroding monument at Nor- emergency funding to make up the pro- To that end, the conferees agreed to in- mandy Cemetery. jected shortfall in the President’s crease funding for Army Guard projects All in all, I believe the conference re- original budget request. The Senate by 60 percent, a substantial amount; port before the Senate provides much- had sought a higher level of funding, for Air Guard projects by 83 percent needed resources and does so while and it was my sincere hope that the over the President’s budget request. In maximizing our limited resources in House, which had zero emergency fund- fact, overall funding for Reserve com- meeting the greatest needs of our mili- ing for veterans in its version of the ponents was increased by 52 percent tary, their families, and our veterans. bill, would have agreed to our position over the President’s budget request, On a personal note, I want to say I and accepted the full amount provided dedicating $1.1 billion for new facilities have worked very closely with Sec- in the Senate bill. That did not happen. for our Reserve bases. That is impor- retary Jim Nicholson of the VA, and I But given the huge disparity between tant, and it means that this committee know of his dedication to doing what is the House and Senate funding pro- has done an excellent job in recog- right for our veterans, something we posals, the level of funding provided in nizing the need. all wish to do. I appreciate his leader- the conference report is a good start. I In summary, I once again thank my ship. We owe our active-duty military, commend, again, the chairman for her chairman, Senator HUTCHISON. I not our Guard and Reserves, who stand hard work—for the cooperation of Sen- only enjoy her collegiality but her ready to serve, and our veterans, who ator COCHRAN, chairman of the Appro- friendship as well. I want her to know have served, the care of our country. priations Committee—in bridging the that that means a great deal to me. I We have achieved these goals in the enormous gap between the two bills thank Chairman COCHRAN and Senator conference report today. and ensuring that the conference re- BYRD for their leadership. And I would Therefore, I urge my colleagues to port did not shortchange our veterans. like to thank our staffs who really vote in favor of this conference report. I do not believe it does shortchange our worked in what I like to believe is a Mr. President, I yield to my ranking veterans. hallmark, sometimes, of this great member, Senator FEINSTEIN. The proposed funding for VA medical body, which is bipartisanship. They The PRESIDING OFFICER. The Sen- services is equal to the level of funding have shown an unfailing spirit of co- ator from California. the administration has said it needs for operation. So thank you, Tammy Cam- Mrs. FEINSTEIN. Mr. President, I fiscal year 2006. That is clearly a good eron, Sean Knowles, and Dennis am very pleased to join my chairman, start. But it offers—and it has to be Balkham for Senator HUTCHISON, and Senator HUTCHISON, in recommending pointed out—no safety net to our vet- Christine Evans, B. G. Wright, Chad this 2006 Military Construction, Vet- erans, should the VA’s budget once Schulken, and Chris Thompson of my erans Affairs, and Related Agencies ap- again prove to be wrong. This is a wor- staff. propriations conference report to the risome prospect. Hopefully, the admin- I yield the floor. Senate. This is the first year that istration got it right this time and the The PRESIDING OFFICER (Mr. MILCON has added dramatically to its funding will be sufficient, but everyone CHAMBLISS). The Senator from Texas. portfolio, and I want to compliment should know that we will be watching. Mrs. HUTCHISON. Mr. President, the chairman of our committee, and I Additionally, there is much talk float- collegiality and bipartisanship is a

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13302 CONGRESSIONAL RECORD — SENATE November 18, 2005 two-way street. You can’t do it if only port, or support it and do it today, giv- this act should be sunsetted. I will one person wants to do the right thing. ing us time to vote on it before we share with my colleagues the words of I have worked with Senator FEINSTEIN. leave for the year, are risking letting Attorney General Gonzales which he She has been chairman of our com- the PATRIOT Act expire. And with its gave in a letter to our conferees as we mittee, and I have been ranking mem- expiration, the walls that prohibited tried to work out the final words for ber. I have been chairman, and she has our governmental agencies from shar- this act. He wrote to us and said—and been ranking member. We have always ing critical intelligence information no truer words have been spoken: come together to do what is right for will go back up. Those are the very The terrorist threat against this country the military personnel who are defend- walls that were structured between the will not sunset, and neither should the tools ing our country as we speak today. We FBI and the CIA and other agencies we use to combat terrorism. both believe in quality of life, good that blocked the sharing of intel- Let me mention a few of the provi- housing, good health care facilities, ligence information that, in retrospect, sions of the act that give us the tools good childcare facilities, and all the we believe could possibly have allowed that are so important. One is the rov- things that we can provide in the pur- us to find out about and stop the 9/11 ing wiretap provision. Roving or view of our bill. And now we have the attacks. Perhaps not, but those walls, multipoint wiretaps have been avail- veterans, which has been added to our those failures to be able to share intel- able to criminal investigators for many bill this year, which is a great oppor- ligence between those agencies were a years. But section 206 of the PATRIOT tunity for us to continue to say thank critical factor in our lack of coopera- Act made sure that this tool was also you to those who have preserved the tion prior to 9/11. available for fighting terrorism. It al- freedom for our generation. We passed the PATRIOT Act to fix lows the FISA court, the special for- We have come together on the goals, that. It has worked extremely well. We eign intelligence court, to authorize a and I could not ask for a better part- should not go back to that time of the wiretap to move from device to device ner. great walls. as the target of the wiretap, the target Mrs. FEINSTEIN. Mr. President, I The PATRIOT Act has, without of the foreign intelligence investiga- thank the Senator from Texas. doubt, made us immeasurably safer. I tion, changes modes of communication. Mrs. HUTCHISON. I so appreciate fully support the act’s provisions as So let me tell you, though this has that we can do this in the Senate, originally passed. The main goal of the been approved as a legitimate law en- which is what we ought to be doing in act was then, and remains today, very forcement tool, and should continue to every committee. I hope by our ability simple: to give Federal law enforce- be a law enforcement tool, it is not to do this—frankly, the Appropriations ment officers, the FBI, and other agen- that easy to obtain, you really have to Committee, in general, does so—we cies the same tools to fight terrorists prove you need a roving wiretap. I was will be able to create a better America and agents of foreign powers as the a Federal prosecutor for over 15 years, for all of our constituents. tools they have—and virtually every a U.S. attorney, and I personally super- I thank the Chair and yield back all law enforcement officer at the county, vised and prosecuted a lot of cases. Let of my time. city and State level have—to fight me just tell you how it works. Mrs. FEINSTEIN. I do, as well, Mr. other type criminals, drug lords, mur- In my 12 years as U.S. attorney for President. derers, and even white collar tax evad- the Southern District of Alabama, I Mrs. HUTCHISON. Mr. President, we ers. think maybe we had two wiretaps. have already passed the resolution. I do not believe we acted too hastily These are very difficult to obtain. You When it comes from the House, we have in passing the PATRIOT Act. We were have to have probable cause to believe deemed that it would be passed here. focused on this act. We made a com- that a person is involved in criminal With that, I yield the floor and sug- mitment not to alter any of the great activity. You have to identify how he gest the absence of a quorum. protections that we had. We negotiated is using communication devices and The PRESIDING OFFICER. The it intentionally. People made the most then submit to the court a memo- clerk will call the roll. outrageous allegations and had the randum—and the ones that I have seen The legislative clerk proceeded to most incredible misinformation about were 60 to 100 pages of facts—to prove call the roll. what was in it. By the time we com- to the judge’s satisfaction that we are Mr. SESSIONS. Mr. President, I ask pleted the intense negotiations and de- not snooping on somebody who is inno- unanimous consent that the order for bate for weeks, it was voted for in the cent, but we are actually attempting to the quorum call be dispensed with. Senate by an overwhelming bipartisan understand the scope of major criminal The PRESIDING OFFICER. Without majority of 98 to 1. The House voted it activity. objection, it is so ordered. with a huge majority also, 357 to 66. The way it is monitored and managed f This year we passed the bill unani- is incredibly important because you mously out of the Senate Judiciary have to listen to it constantly. If they THE PATRIOT ACT Committee, a contentious committee, talk about their family, you are sup- Mr. SESSIONS. Mr. President, I a committee which has civil libertar- posed to turn it off. You have to have would like to share some thoughts on ians on the right and the left. We voted people listening all the time so that the PATRIOT Act which, unfortu- it unanimously out of that committee, you can catch the evidence you are nately, seems to have reached an im- and the Senate passed it by unanimous seeking. It is very expensive. You don’t passe. That is distressing to me. I can’t consent. As originally drafted, the PA- do it unless it is very important. imagine that we have allowed this to TRIOT Act does nothing to harm the So I have to say, Mr. President, it is happen. It is very disappointing. The civil rights and liberties of Americans. so important in a terrorism investiga- American people need to understand I want to talk about that just a lit- tion that agents have this tool when how important the act is and how little tle. The Department of Justice inspec- they are on to a group or entity that is it impacts the liberties which we cher- tor general, Glenn Fine, an appointee not just selling drugs, as bad as that is, ish and how carefully it was crafted so of President Clinton, has investigated but are intent on blowing up and kill- as to not impact our liberties. I would all of the claims of civil rights and ing thousands of American citizens. like to share a few thoughts about civil liberties violations received by And when you are on to them and they that. the Department of Justice under the start using this phone and that phone Many of the key provisions of the act act. The independent inspector general and that phone and you have run back are scheduled to sunset at the end of found no incident in which the PA- to court with your 60-page memo- this year. We will now presumably TRIOT Act was used to abuse the civil randum and find a judge and set up a have to try to come back, in the few rights or civil liberties of American hearing date and all that, by that time days we have in December, to complete citizens or anyone else. he has maybe gone to another phone, a the work. That is a very risky thing. I do not believe portions of this act cell phone, a pay phone, a phone in a We should complete this work today. must be significantly revised, or have motel, wherever he moves. Remember, those who do not sign up additional so-called protections added. So it is perfectly appropriate to have for this legislation, this conference re- And, I do not believe that sections of a wiretap if it is approved by a court

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13303 upon sufficient showing of probable 1. We didn’t write those kinds of broad Please understand that no provision cause. That is no doubt. All this does is provisions in this bill. We maintained of the PATRIOT Act, including section to say that you can get the ability to the classic standard of approval of a 215, even mentions libraries or is di- intercept communications on that indi- search warrant, the probable cause rected at libraries. Nevertheless, as Di- vidual and then can use whatever standard and all that goes with it. The rector Mitchell points out, it is impor- phone he is using. Previously, the tra- PATRIOT Act simply set an objective tant that library records remain ob- dition was that you would have the uniform standard for delayed notice. tainable as one of the tangible records wiretap on a single telephone number. Why is this important? Well, I could that section 215 can reach. Intelligence This makes it clear that the court deci- go into detail, but I would just ask you or criminal investigators may have sions allowing roving wiretaps are the to imagine that one is surveiling a very good and legitimate reasons for law of the land, and it also creates a group that you have probable cause to extending to library or bookstore standard as to how they should be ap- believe is going to try to blow up an records. For example, investigators proved and utilized. area of the United States and that you may need to show that a suspect has So I think that is an important tool have probable cause to believe that purchased a book giving instructions for investigators. Can you imagine how they have planned to make a bomb. on how to build a bomb. important that is to an investigative You could go in this residence while I prosecuted a guy who had already team that may be working on a dan- nobody is there pursuant to a search had one book written about him, and gerous terrorist cell? It could be the warrant on probable cause issued by a after the prosecution, they made a sec- difference of life and death for thou- Federal judge and conduct a search. ond movie about him. We conducted a sands of American citizens. Normally, the only difference in these search warrant, a lawful search war- warrants is that you would normally Let me mention another provision of rant that was upheld. We found a book tell the person whose house is searched the act. The objections to this one are called ‘‘Death Dealers Manual,’’ de- immediately, and immediately report so amazing to me. It just breaks my scribing how to kill people; and a book back to the Court. Here you have make heart that people seem to have as called ‘‘Deadly Poison,’’ describing how much confusion about it as they do. a report but you don’t have to tell the person you have searched their house to make deadly poison. That was great This is the delayed notice search war- evidence to use to show that he was rant. Under section 213, the PATRIOT until a later date set by the judge. You may find in their house more than casually interested in mur- Act created a nationally uniform proc- dering people. ess and standard for obtaining delayed bombmaking materials papers on how to make a bomb, explosive devices, Andrew McCarthy, a former Federal notice search warrants. The act’s prosecutor who led the 1995 terrorism standard applies to delayed notice war- triggers, and those kinds of things. And it may be that from that you could ob- case against Sheik Omar Abdel rants sought in any type of investiga- Rahman, recently elaborated on this tion, not just terrorism investigations. tain information from their house on who else was involved in the cell, to point in an article in National Review Delayed notice warrants are explained Online. This is what he said: by the August 29, 2005 letter from the identify the entire ring, the entire cell, Hard experience—won in the course of a Department of Justice. They said: and arrest them all at once at an ap- propriate time. If you have to tell the string of terrorism trials since 1993 [that he A delayed-notice warrant differs from an had personally been involved in] instructs us ordinary warrant only in that the judge au- person immediately, in some cases you risk tipping the whole group off and that it would be folly to preclude the Gov- thorizes the officer executing the warrant to ernment a priori from access to any broad wait for a limited period of time before noti- having them spread out like a covey of categories of business records. Reading ma- fying the subject of the warrant because im- quail. That is what too often happens if terial, we now know, can be highly relevant mediate notice would have an adverse result you don’t have this kind of tool. It is in terrorism cases. People who build bombs as defined by statute. critically important to investigators tend to have booklets and pamphlets on We must remember that delayed no- trying to protect the United States of bomb making. tice search warrants have been around America that we preserve this section For heavens’ sake, I would add, of for decades. As a matter of fact, I was of the PATRIOT Act. course they do. reading a book not long ago about an Section 215 of the PATRIOT Act al- Terrorist leaders often possess literature organized crime matter that occurred lows the FBI to seek an order for the announcing the animating principles of their years ago and they referred to a de- production of tangible things—books, organizations in a tone tailored to potential layed notice search warrant. They records, papers, documents, and other recruits. This type of evidence is a staple of didn’t have any statutory standards for items for an investigation to obtain virtually every terrorism investigation— it at that time, but they asked the foreign intelligence information. Basi- both for what it suggests on its face and for judge to allow them to delay notice, cally, they are a form of subpoena au- the forensic significance of whose finger- and the judge allowed it, and that proc- thority. Section 215 orders must be prints that may be on it. . . . If he [a defend- preapproved by a judge and cannot be ant] claims unfamiliarity with the tenets of ess has been approved constitutionally. violent jihad, should a jury be barred from The PATRIOT Act did not create any used to investigate ordinary crimes or learning that his paws have yellowed numer- new authority or close any gap in de- even domestic terrorism. Opponents of ous publications on the subject? Such evi- layed notice law because there was section 215 have tried to create the im- dence was standard fare throughout Janet really no gap to close. It simply set a pression that the FBI is using 215 to Reno’s tenure—and rightly so. uniform statutory standard for getting visit libraries nationwide in some sort Of course, she was Attorney General permission to delay notice. of dragnet to check the reading records under President Clinton. It is absolutely false to imply, as of everyday American citizens. So this occurs in every courtroom in many have done, that these warrants That is just not so. They have no in- America. Documents are obtained are a way for the Government to terest in that whatsoever. Why would through subpoena. It is stunningly dan- ‘‘sneak and peak’’ into a civilian’s they? They are not doing that. I did get gerous that we would not understand home, papers, or effects without ever a letter from Rebecca Mitchell, direc- this concept and why it is needed in telling them. The truth is that they tor of the Alabama Public Library the context of terrorism investiga- have to be told, but there is a delay be- Service, who was critical of some of her tions. tween the search and when they are colleagues who have been objecting to I will add just a few additional told. The critics have continued to sug- these provisions in the act. Her August thoughts on obtaining records and doc- gest that these warrants are done with- 15 letter to me stated: uments. An American citizen has an out approval of a court, they want you I want to personally thank up for your expectation of privacy and it is the to believe that because of the PA- strong leadership stand on the PATRIOT right of an American under the Con- TRIOT Act, the government can go Act. Our libraries should not be a tool for stitution to be free from unreason- terrorism. I know you have received negative able—unreasonable—search and sei- into your house without a warrant and comments from the American library asso- see what you have and never tell any- ciation on your stand but this is not the zures is guaranteed by our Constitu- body that they have been there. opinion of most librarians in our State. tion. Nothing could be further from the Please continue to fight to keep our Nation Where do you have privacy rights? If truth. That is why this bill passed 98 to safe. you give someone your personal papers,

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13304 CONGRESSIONAL RECORD — SENATE November 18, 2005 you turn them over to them, do you responsibility as the Senate not to hard working and intelligent, but a still have privacy rights if they were to move this bill forward before the end of public servant who routinely works read them? Certainly not. So the law the year. Let’s move it now. If we need long hours. You must also be a tough has developed many years in this fash- to stay over the weekend, I am willing negotiator, able to frame your argu- ion. You have an expectation of pri- to do so. We can stay next week; I am ments in a strong but respectful and vacy in those areas of your life where willing to do so. It is important that intellectually honest way. William you have control—the inside of your we not allow this legislation to fail. I does all of this with seemingly effort- automobile, the trunk of your car, the encourage the leaders on both sides to less skill. glove compartment of your car, your work toward achieving that goal. Evidence of William’s dedication to desk at your office, any part of your f and influence on the committee and its house, your garage, an outbuilding staff can most clearly be seen by sim- TRIBUTE TO WILLIAM SMITH around your house that you have ex- ply looking at what his colleagues say clusive control over. Those are areas Mr. SESSIONS. Mr. President, I wish about him. over which you have exclusive control, to take a personal minute to share Ed Haden, my former chief counsel of and you have an expectation of pri- some thoughts and to bid farewell to the Courts Subcommittee and cur- vacy. People cannot go into those my chief counsel on the Judiciary rently a lawyer with Balch & Bingham places and seize anything you have Committee, William Smith, who is sit- in Birmingham, says: there without probable cause or else it ting beside me. I know the Presiding William Smith is an example of a man who would be an unreasonable search and Officer, the Senator from Georgia, walks his principles. He is a Christian who seizure. knows Mr. Smith and admires him. He lives it. He is a conservative who means it. But if you go to a motel and fill out has been a great friend and a tremen- He is a friend who is there for you. In a legis- a motel receipt and give it to the motel dous asset to this Senate. He will be re- lative body that fosters compromise, he will operator, it is not yours. It is the mo- turning to Alabama to practice at one compromise on details, but not on his prin- tel’s document, it is a business record. of our State’s most outstanding and ciple. How fortunate the United States Sen- If you go to a bank and you open an ac- prestigious law firms, Starnes & Atch- ate, the Judiciary Committee, and all of us who have worked for Senator SESSIONS have count and they keep all kinds of ison. Even more importantly, he will been to know and love this man. records of that account, they are the return to Alabama, accompanied by his bank’s records, not yours. Every person soon-to-be bride, Diamond, to whom he Rita Lari Jochum, chief counsel for in that bank has access to those docu- will be married in early January. Senator GRASSLEY, says this: ments and records. If you make a tele- But I am going to feel a great loss. William Smith is a smart lawyer, a shrewd phone call, the words you use are The things he has done for me are in- strategist, a dedicated public servant, and an numerable, including helping us to pre- all around great guy. He sticks to his prin- yours, and you have an expectation of ciples and values, and has been a rock solid privacy between you and the person pare and pass this great act, the PA- role model for many of us. The Senate will who receives the call. But the fact that TRIOT Act. Each day we have worked miss a much respected colleague, and I will you make a telephone call and the tele- together, William has shown an unwav- miss a true friend. Even though he will no phone company prints out a billing ering dedication to his State, to his longer be walking the halls of the Capitol, he statement that has telephone numbers country, to me, and to the values we will not be forgotten. on it, that is available to anybody who share. His passion for the law is un- Stephen Higgins, chief counsel of the works in the telephone company. That matched, and his commitment to the Judiciary Subcommittee on Terrorism, is not your record, it is their record. So rule of law is unwavering. I trust his Technology and Homeland Security, you do not have the same privacy ex- judgment, and I have relied on him to chaired by Senator JON KYL, says this: pectations, that is all. manage our staff and our issues, con- William Smith has an incredible love for The court has always understood fident that his work ethic and his this country and a great passion for his job. that. This has never been in dispute. ideals are beyond reproach. He is a devoted public servant and a forceful Every district attorney in America, all Before joining the Senate, William advocate for Senator Sessions. kinds of law enforcement officers, had a distinguished legal career, hav- Mary Chesser, chief counsel of the State and Federal, through subpoenas, ing served as staff attorney on the Ala- Judiciary Subcommittee on Correc- without court approval, have been able bama Supreme Court and having tions and Rehabilitation, chaired by to obtain those kinds of documents if taught at both Duke University School Senator TOM COBURN, says this: the documents are relevant to an in- of Law and the University of Southern William is a great American, leader, men- vestigation they are undertaking. California School of Law. tor, and friend. His diligent work on the I received telephone toll records in In 2001, he moved to Washington, DC, committee constantly inspires his col- drug cases I prosecuted. These kinds of to be my deputy chief counsel on the leagues. I feel honored to have worked with records could be relevant in a terrorist Subcommittee on Administrative Over- him. He has always represented Senator Ses- case, make no mistake about it. You sight and the Courts. He became my sions and the people of Alabama with impec- check the telephone numbers they call, chief counsel the following year. cable character, wisdom, and insight. He will and they are calling a certain number When William leaves the Senate at be missed. in New York City. Maybe you have the end of this session, he will begin a Chip Roy, senior counsel for the Sen- records from another person, and they practice focusing primarily on medical ate Judiciary Subcommittee on Immi- are calling that same number at var- malpractice defense and commercial gration, Border Security and Citizen- ious times of the day, and maybe right litigation. I have no doubt he will do ship, chaired by Senator JOHN CORNYN, before a terrorist attack occurred or well in this next venture of his life, and says this: right after an attack occurred, phone I have no doubt his principled ap- William Smith has served the U.S. Senate calls are going back and forth. That is proach, work ethic, and dedication are admirably and with conviction. He personi- real evidence of who may be involved going to be difficult for this Senate to fies conservativism and the simple idea that in a terrorist cell or criminal drug en- replace. there ought to be a limit to what we do here terprise. That is how investigators It is obvious my loss will be the in Washington. While many staffers and members alike, Democrat and Republican, work every day. That is what juries ex- State’s gain. His presence in Wash- seem to succumb to the misguided notion pect to see when cases are prosecuted. ington was all our gain. William’s work that more government is better, William To have this great fear that there is on the Senate Judiciary Committee is stands solidly on his strongly held belief something in this act that in a signifi- almost legendary. The Judiciary Com- that this simply is not the case. I will miss cant way alters those classical powers mittee takes an enormous number and his strong sense of patriotism and his strong of investigators to find out those who wide variety of complex and sometimes Christian faith, each of which serve as an ex- may be trying to kill us—it is just not controversial issues. It is one of the ample for all. true. It is an exaggeration. It is a con- most demanding committees in the James Galyean, chief counsel on the cern that is not real. Senate. Judiciary Subcommittee on Crime and This PATRIOT Act is about to ex- To be successful as an attorney on Drugs, chaired by Senator LINDSEY pire. It would be an abdication of our that committee, you must not only be GRAHAM, says this:

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13305 William Smith is a man of sterling char- Mr. MCCONNELL. Mr. President, I William and I came to the Senate Judici- acter, devout faith, and unwavering integ- ask unanimous consent that I be al- ary Committee the same day, April 16, 2001. rity. Senator Sessions, Alabama, and the Na- lowed to make an observation rather From that day on, William has been a close tion have been well served during his time on friend, mentor, and encourager. His strong than ask a question. Christian faith and unwavering commitment the Committee. And while his presence and The PRESIDING OFFICER. Without influence will be missed, we look forward to to conservative principles have been an ex- great things from him in the future. objection, it is so ordered. ample to me. The American people are truly Mr. MCCONNELL. Mr. President, better off because of William’s service. He And indeed we do. William has many friends in the Sen- Ajit Pai, chief counsel on the Judici- took to heart the adage that ‘‘the govern- ate, both Senate staffers and Members ment is best that governs least’’ and, con- ary Subcommittee on the Constitution of the Senate. I was listening to my sequently, never let a bad bill go unchal- and Civil Rights, chaired by Senator friend from Alabama discuss William’s lenged. William represents the best there is SAM BROWNBACK, says this: distinguished career on my television in public service. I’ll miss working with him on the Judiciary Committee, but I know that William Smith is a tenacious advocate, a monitor, and I decided to come over firm defender of principle, and an expert on in Alabama he will continue to serve his the many rules of this institution. To me and make an observation, if it is appro- Country and his Savior with the utmost dis- and others fortunate to know him well, he is priate. tinction and fervor. also known as a good man and a great friend. I remember running into William one Drew Ryan, director of Government He leaves the Judiciary Committee with a time. I said: Affairs for The American Center for solid professional and personal record, and I What is your principal duty with Senator Law and Justice, says this; wish him all the best as he makes a well-de- Sessions? served return home. William Smith is a man of character, a He said: man of vision, and best of all, a man strong Amy Blankenship, legislative counsel Well, it’s to keep him from drifting off to in his faith. to Senator SAM BROWNBACK, says this: the left. Tim Chapman, senior congressional Perhaps William’s greatest gift is teach- I say to our friend William: You have liaison and national political writer for ing. He exemplifies the kind of staffer we all done a good job of keeping Senator Townhall.com, says this: want to be—thorough, prepared, and com- SESSIONS from drifting off to the left. mitted. Though some may disagree with his William Smith’s steadfast adherence to views, no one can question his commitment You have had a distinguished run here conservative principle has been an inspira- to uphold the principles he believes in. in the U.S. Senate, and I am sure I am tion to me both personally and profes- not the only Member of the Senate who sionally. He is a man of character who our The respect, loyalty, and friendship organization could always count on to put William has won from his colleagues hopes we will see you again in public service some day. I wish you well in principle ahead of politics. His absence from extend well beyond the Senate Judici- the United States Senate and from the Judi- your new endeavor. ary Committee and its staff. ciary Committee in particular, will not to Mr. President, I yield the floor. Alan Hanson, my legislative director, without notice. Mr. SESSIONS. I thank the Senator says this: It is clear that William has influ- from Kentucky for his remarks. So enced a great number of his colleagues Exceeding his commitment to the United many of the Senators whom I have States and its Constitution, which is indeed and leaves behind a committed group talked to feel the same way. Many great, William Smith is a committed Chris- of friends dedicated to advancing this have come by, Chairman SPECTER, Sen- tian and friend—both of which are in far too great Republic’s founding principles of ator DOMENICI, and others to speak to short supply in this day and age. His happy federalism, liberty, and democracy. He departure is the United States Senate’s un- William. will undoubtedly be missed by them, as fortunate loss. He will be here a few more weeks, but he will be missed by me. He has served Steven Duffield of the Senate Repub- we will be out most of that time so this is probably our last time to get to- me and our State faithfully and tire- lican Policy Committee says this: lessly and in doing so has served our William is a real American who loves his gether. Let me keep reading what William’s great Nation immeasurably. country and cherishes the Constitution. He Let me say I am already looking for- never hesitates to stick his neck out to de- colleagues have told me about him. fend both. Wendy Fleming, legislative counsel ward to working with him again after he goes back to the great State of Ala- Allen Hicks, chief counsel for Senate to Senator DAVID VITTER, says this: William Smith is truly a great American. bama. I have no doubt that he will con- Majority Leader BILL FRIST, says: tinue to work toward the greater cause William is an anchor for conservative prin- He has a tremendous respect for the Con- stitution and the courage to stand-up for his of service to his fellow man. ciples in the midst of shifting political William, we appreciate you. No one winds. In leadership, we could count on him core values. It was an honor to work for him. to represent views on issues clearly and William Henderson, counsel for Sen- has given more to this country. From articulately, without hesitation or equivo- ator JIM BUNNING, says this: the time you get up in the morning cation. The Senate will miss his candor and Three of the things Americans cherish the until the time you go to bed at night, his passion, and we wish him and his future most are God, country, and family. That is you are committed to doing the right bride all the best. as true for William as anyone. Every day he thing for this country. I love you for it. Ed Corrigan, executive director of lives his Christian faith. He works with a Your friends love you for it. God bless the Senate Steering Committee, says love of this country and defends the Con- you in your future endeavors. this: stitution. Now he is leaving to start a fam- The PRESIDING OFFICER. The Sen- ily. William has been a great friend and William Smith is known on Capitol Hill for ator from New Mexico. teacher to me, and I am better for knowing Mr. DOMENICI. Mr. President, I have his wisdom, cheerful banter, and an unflinch- him. ing commitment to principle. Even his polit- been recognized. I notice that Senator ical adversaries have come to respect and ad- Chris Jaarda, legislative assistant for HARKIN is in the Chamber. How much mire him. The Senate will miss William, as Senator JOHN ENSIGN, says this: time would the Senator like? will the countless number of us who are for- Every American should know the name Mr. HARKIN. About 15 minutes. tunate to call him friend. William Smith and the character that he Mr. DOMENICI. Mr. President, am I John Abegg, legal counsel for Major- possesses while working on their behalf. His recognized? commitment to principle and respect for the ity Whip MITCH MCCONNELL, whom I The PRESIDING OFFICER. The Sen- rule of law, is unquestioned. Were William ator from New Mexico is recognized. see on the floor, said: your lawyer, you would be served by a I have enjoyed working with William very Mr. DOMENICI. Mr. President, does skilled advocate, committed to the highest the Senator from Alaska have a ques- much. William is a man of high principle. He standard of ethics and professionalism. Were is devoted to the Constitution and to his William your judge, you would observe some- tion? I understand it is her time to country. He is an excellent lawyer, a one with the utmost respect for the Con- take the chair and preside. I ask the straight shooter, and a real leader. He will be stitution and our laws. Were William your Senator if there is something this Sen- missed. friend, as he is mine and countless others ator from New Mexico could do for her? Mr. MCCONNELL. Mr. President, will who serve in the Senate, you would be What is going on? the Senator from Alabama yield? blessed; better for knowing him. Ms. MURKOWSKI. Through the Mr. SESSIONS. I will be pleased to Chad Groover, counsel to Senator Chair, to the Senator from New Mex- yield. CHUCK GRASSLEY, says this: ico, I have about a 3-minute statement.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13306 CONGRESSIONAL RECORD — SENATE November 18, 2005 If I could have the indulgence of doing The other teachers at the school shared SENATE MAJORITY LEADER that before I serve as the Presiding Of- housing in a single home. Mr. DOMENICI. Mr. President, I rise ficer, I would appreciate that from the When one thinks about that in terms to congratulate the majority leader of Senator. of what the teachers do, needless to say the Senate, BILL FRIST. I do not do this Mr. DOMENICI. Obviously, we have there is no place for their spouse, so because he is my good friend but be- to get consent because I am next. these teachers who are married—the cause I want to make sure that we all I ask unanimous consent that Sen- teachers might be married, but the understand that we have had an excep- ator MURKOWSKI be given 3 minutes at spouse might be living in another part tionally productive legislative year. I this point and then the Senator from of the State or, in the principal’s case, thank him especially for his critical New Mexico be recognized for up to 10 his wife lived out of State. help in passing legislation in areas minutes, followed by Senator HARKIN. where I have been primarily respon- Unfortunately, Savoonga is not an Is that correct, the Senator wants to be sible. In addition to that, I want to isolated example of the teacher hous- next after the Senator from New Mex- summarize the things that have been ing situation in rural Alaska. Rural ico? done this year under his leadership. Mr. HARKIN. Yes. Alaska school districts experience a The reason I came to talk about this The PRESIDING OFFICER. Without high rate of teacher turnover due pri- is because there is such an over- objection, it is so ordered. marily to the lack of housing. Turn- whelming, high-octane negativism in Mr. DOMENICI. I thank the Chair. I over is as high as 30 percent each year the air that one would hardly know the yield the floor. in some of the rural areas with housing Senate was at work. There is so much The PRESIDING OFFICER. The Sen- issues being a major factor. politics going on that one would won- ator from Alaska. So the question is, How can we ex- der whether the Senate is even func- f pect our kids to receive a quality edu- tioning. Even on the floor there is an RURAL TEACHER HOUSING ACT OF cation when we cannot get good teach- awful lot of polarization that has oc- 2005 ers to stay? How can we meet the man- curred. I do not say this in any real ac- dates of No Child Left Behind in such cusatory sense. It is true. Ms. MURKOWSKI. Mr. President, I an educational environment? In spite of that, in his own way, the appreciate the indulgence of my col- majority leader has very quietly and leagues this afternoon. Clearly, the lack of teacher housing in rural Alaska is an issue that must be with very mature feelings and inordi- I rise today to talk about a bill that nate ability grasped details of legisla- I introduced last week that will have a addressed in order to ensure that chil- dren in the rural parts of the State re- tion and has contributed immensely to profound effect on the retention of a success story. teachers, administrators, and other ceive the same level of education as their peers in more urban settings. I would like to start by talking about school staff in remote and rural areas matters that this Senator has particu- of Alaska. This bill is the Rural Teach- My bill authorizes the Department of larly been involved in. We were able to er Housing Act of 2005. Housing and Urban Development to pass in this body an Energy Policy Act. In rural areas of Alaska, we have provide teacher housing funds to the We have been working at that for al- school districts that face enormous Alaska Housing Finance Corporation, most a decade, but for the last 3 years challenges of recruiting and retaining which is the State of Alaska’s public we have tried each year and failed. teachers, administrators, and other housing agency. In turn, the corpora- This year, we got it done. school staff. The challenges lie pri- tion is authorized to provide grant and Obviously, something was done dif- marily in the lack of housing. In one loan funds to rural school districts in ferently. That is, we attempted to cre- particular year, in the Lower Alaska for teaching housing projects. ate a bipartisan bill in the committee Kuskokwim School District in western This legislation will allow the school under my chairmanship, with the help Alaska, they hired one teacher for districts in rural Alaska to address the of Senator BINGAMAN, and the majority every six who decided not to accept job housing shortage in the following leader, as leader in the Senate, should offers. Half of those applicants who did ways: They can construct housing take great pride in that accomplish- not accept a teaching position in that units, purchase housing units, lease ment, and we should as a Senate. district indicated that their decision housing units, rehabilitate, purchase or In addition, as it pertains to things was related to the lack of housing. lease property on which the units can the Senator from New Mexico works When we talk about lack of housing, it be constructed. They can repay loans on, we sent to the President for his sig- is not they cannot find an apartment secured for teacher housing projects nature an appropriations bill that is that is to their suiting or to their lik- and conduct other activities normally called Energy and Water appropria- ing, the fact of the matter is there is related to the construction, purchase, tions. That bill contained hundreds of no housing available. and rehabilitation of the teacher hous- millions of dollars that go to the In 2003, I had the opportunity to trav- ing projects. storm-ravaged gulf coast. It is there to el through rural Alaska with then-Sec- This also includes transporting con- continue critical projects that are al- retary of Education Rod Paige. I took struction equipment and materials to ready started and moving along. They him there because I wanted him to see and from the communities in which are projects that are needed. They are the challenges of educating children in these projects occur, which in the not part of the great concern about such a remote and rural environment. State is a particular concern because how much may be spent or should not We went to the village school in most of these communities are acces- be spent. These are public works Savoonga. We met the principal there. sible only by air or water. Eligible projects in that four-State area that Secretary Paige was overwhelmed school districts that accept funds are important. I think that is very when the principal showed him the under this legislation will be required good. broom closet in the school, not to show to provide the housing to teachers, ad- In that bill, the nuclear armament him the school supplies but to let him ministrators, other school staffs, and programs of the United States went know that this is where the principal members of their households. It is im- through to the President of the United of the school lived, in the broom closet perative that we address this impor- States and also some very important in the school. This was because there tant issue and allow the disbursement nuclear nonproliferation activities. was no housing in Savoonga for the of funds to be handled at the State In addition, the Energy and Natural teachers. level. The quality of the education of Resources Committee was part of a rec- We met the special education teacher our rural students is at stake. onciliation bill—let us call that the at the school, and she brought out the deficit reduction bill—that passed. The mattress that she sleeps on in her I thank my colleagues and I yield the occupant of the chair in the committee classroom every night. She does not floor. that we served on contributed a piece have a home to go to. She does not The PRESIDING OFFICER. Under of that. For the first time, we sent in have a space to call her own. Her class- the previous order, the Senator from such a bill for the start-up of the Alas- room is her room, her house, her bed. New Mexico is recognized. ka National Wildlife Refuge activity

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13307 where we will be starting to find out told the other day that American com- American economic system a chance, what is up there in terms of producing panies spend more on litigation than an opportunity, a probability of real oil for the United States. That bill was they do on research when you add it all job loss, fantastic economic degrada- a big achievement, $36 billion in deficit up. That is a rather startling thing. tion, and it must be resolved. reduction. I guarantee that could not This bill we passed will not fix that. The leader has played a big role. Two have been done without the help of the Hopefully, sometime we will address it Senators have been working on it on majority leader. So we got that done even more broadly. But we did pass a the majority side for years. Senator also with his very exceptional atten- class action reform piece of legislation. SPECTER is very close, with the help of tion, his enlightened approach to get- We had only one part of that pass our majority leader, to getting a pack- ting people together. We barely did about 8 years ago. But this one makes age that can be bipartisan. That is that, and without his help it would not it more difficult to abuse the class ac- next. have happened. tion litigation part of the Federal ju- We know broad immigration reform Finally, literally scores of small bills risdiction, where we use our Federal is right up on the screen. That is very that are part of the Energy and Nat- courts to accomplish class action suits. difficult. I say, and predict, since the ural Resources Committee have passed That is a great feather in the hat of the majority leader says it is going to get the Senate within the last 2 days, for Senate because it has taken so long to done this coming year, I believe those various things around the country. We get there. For that, we have to say to who have been waiting are going to be thank him for getting that done. Yes- our majority leader: Thank you for able to say it will be done. I believe so. terday, we passed big legislation and your leadership. It is terrific. Obviously, much more must be done. who would have thought 6 weeks ago The highway bill—let’s leave aside Other things we have passed are not we could pass it. It is the tax provi- the pieces of the highway bill. Let’s very publicly known yet, and should sions of the Budget Act. We all know talk about the overall funding of the be. I can’t do much about it. But essen- that that was hard. That extended the highway system of America by the gas- tially, a bill on health technology alternative minimum tax so it affects oline tax imposed on our citizens. That passed last night without much ado. I far less Americans in a negative way was tied up. It was supposed to have say it is a giant step. on the amount they owe to the Govern- been passed 3 years ago. It got passed I ask unanimous consent for 2 addi- ment. It extended research and devel- after that period of time. I think the tional minutes. opment tax credits for American busi- absolute commitment it would get The PRESIDING OFFICER (Ms. MUR- ness so they can continue to invest in done, and the power of a majority lead- KOWSKI). Without objection, it is so or- research. That whole bill had many er’s office, got us there. That is very dered. items in it that are good for America’s important. Mr. DOMENICI. It is a giant step in future. We got it passed. There are The Senate has passed all of its ap- the modernization of the delivery sys- some things in it, obviously, that I do propriation bills. It looks as though we tem, which will save money. I won’t not like, and I hope some of those are may have been able to avoid an omni- take much time, except to say the ma- not continued, because I think some of bus appropriation bill—or we are going jority leader had a lot to do with that. them are negative to the production of to. Let’s hope so. If we do, that will be I failed to mention that while all of oil in the future, but overall, by an a very big credit. But at least we are this was going on, that I mentioned the overwhelming vote, we passed a tax on the way. We have not gotten them Senate passed an important bill, the measure that moves us ahead. That all passed in both Houses, but they free trade agreement, the Central was the strategy, for all of that was have all cleared this institution, which American Free Trade Agreement. Who worked out with the help of our leader is a credit at this time of year. We would have thought 6 months ago that and the help of other distinguished don’t do that very often. So that is an- this, too, would be in this litany of suc- Senators, including the chairman and other thing we can say that dem- cesses? But it is. ranking member of that committee. onstrates we have had good leadership, All in all, in spite of all the noise, in I mentioned the Energy Policy Act, good direction, and good pressure, the spite of all the bickering, in spite of ev- but let me back up to some other kind of positive pressure the Repub- erything that seems to be moving to- things people take for granted. They lican leader brings. ward polarization and politicization in say, ‘‘So what?’’ We know our Found- I am going to wrap up by talking the Senate, we did get a lot done. I par- ing Fathers said, with reference to about judicial appointments. I would ticularly think much of that is attrib- bankruptcy in our country, the U.S. be remiss if I did not mention that the utable to the distinguished majority Government would have exclusive au- United States of America has a new leader, Senator BILL FRIST. I want to thority. For years we know the bank- Chief Justice. It is pretty fair to say again indicate to him, from this Sen- ruptcy law of the Nation needed re- that the extraordinary patience and ator, my great appreciation for his form. How many times have we had persistence of the majority leader got work and my admiration for how he bankruptcy reform on the floor only to us to this place. The country is pleased does that. see it fail? This year it finally passed. with it. That is obvious. While they do It will make those who file for bank- not know everything about these nomi- f ruptcy slightly more responsible. That nees, they learn about our Supreme PROVIDING FOR ADJOURNMENT is, after they are finished, if they can Court nominees because there is much Mr. DOMENICI. Madam President, I by way of their job pay a small portion openness. This man is ultimately a ask unanimous consent the Senate now of what they owed, they will. That is credit to the President for nominating proceed to the consideration of H. Con. all subject to criteria which the judges him, the Senate for finally doing what Res. 307, the adjournment resolution, will administer so we are sure we are they should, and to our majority leader provided that the concurrent resolu- asking only those who can afford it to for pushing it as he did. tion be agreed to and the motion to re- Everybody has to acknowledge there pay some. Finally, it was passed. consider be laid on the table. I say to the Senate that was a great are three or four things we must get The PRESIDING OFFICER. Without credit to all of the Senate, but also to done. They, too, are being looked at objection, it is so ordered. the distinguished majority leader for with the precision and the dedication The concurrent resolution (H. Con. pushing, for exercising the dedication, and stick-to-it-iveness of our leader. Res. 307) was agreed to, as follows: and most of all, there is a certain They are right there on the horizon for steadfastness about this leader. He next year. H. CON. RES. 307 doesn’t give up. He says what he is I understand the asbestos quagmire Resolved by the House of Representatives (the going to do. He stays right on it, and is something people wouldn’t think is Senate concurring), That when the House ad- big enough to be listed among the most journs on the legislative day of Friday, No- this is another example. vember 18, 2005, or Saturday, November 19, In addition, we have had the issue of important pieces of pending legisla- 2005, on a motion offered pursuant to this excessive litigation. It still hangs over tion. Let me say there is no question it concurrent resolution by its Majority Leader us like something we cannot quite is. Asbestos liability, for better or for or his designee, it stand adjourned until 2 fathom, but it is rampant. We were worse, the reality of it, brings to the p.m. on Tuesday, December 6, 2005, or until

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13308 CONGRESSIONAL RECORD — SENATE November 18, 2005 the time of any reassembly pursuant to sec- the devastation in Pakistan, I share There being no objection, the material was tion 2 of this concurrent resolution, which- several photographs taken by a former ordered to be printed in the RECORD, as fol- ever occurs first; and that when the Senate member of my staff, Mr. Sam Afridi, lows: recesses or adjourns on any day from Friday, who now works for the International [From the Washington Post, Nov. 18, 2005] November 18, 2005, through Wednesday, No- vember 23, 2005, on a motion offered pursuant Labor Organization in Geneva. Earlier WINTER IN KASHMIR to this concurrent resolution by its Majority this month he visited some of the most It takes advanced seismographs to antici- Leader or his designee, it stand recessed or hard-hit areas, including pate earthquakes and computerized weather adjourned until noon on Monday, December Muzzafarabad, and Balakot. These pic- models to predict hurricanes. It doesn’t take 12, 2005, or Tuesday, December 13, 2005, or tures speak for themselves. sophisticated technology to predict that until such other time on either of those Here is Balakot police station with leaving thousands without shelter in the days, as may be specified by its Majority hardly a stone standing on top of an- freezing Himalayas will be disastrous. Unfor- Leader or his designee in the motion to re- other stone. tunately, however, predictability is not a cess or adjourn, or until the time of any re- Here is another—devastation in the predictor of action. With perhaps two weeks assembly pursuant to section 2 of this con- local neighborhood. As you can see, the to go before snows close down the relief ef- current resolution, whichever occurs first. forts that followed the Kashmir earthquake, SEC. 2. The Speaker of the House and the resilience of the people—they are al- it’s not clear that enough has been done to Majority Leader of the Senate, or their re- ready setting up their fruit and vege- avert a horrific secondary disaster. spective designees, acting jointly after con- table stands to help out one another. Last month’s earthquake caused an initial sultation with the Minority Leader of the This is another indication of the dev- death toll of at least 74,000 and left perhaps House and the Minority Leader of the Sen- astation. Here you can see the U.S. 3 million people homeless. But so far only ate, shall notify the Members of the House Army Chinooks flying overhead in this about 340,000 tents have been distributed. and the Senate, respectively, to reassemble picture. Doctors are trying to immunize 1.2 million at such place and time as they may des- Here is a picture of the Hizwan public children put at risk by bad shelter, diet and ignate if, in their opinion, the public interest high school. The earthquake killed 50 sanitation. But the immunization drive has shall warrant it. students, including the principal’s son. only half the $8 million that it needs. Relief Mr. DOMENICI. I yield the floor. You see all the clothes and the teams are trying to position stocks of food in remote villages before the snows come. But The PRESIDING OFFICER. The Sen- backpacks still left there. ator from Iowa. the food lift got underway belatedly, al- Here is a project Mr. Afridi was in- though donors led by the United States have f volved in, the International Labor Or- provided helicopters. PAKISTAN’S RECOVERY FROM ganization Emergency Employment. As The Post’s John Lancaster described it EARTHQUAKES They are hiring people to clean up the Sunday, the contrast with the Indian Ocean debris and move the debris out of the tsunami is distressing. After the tsunami, Mr. HARKIN. Madam President, it roads. They are working to clean up the United States sent nearly $1 billion in has been nearly 6 weeks since Pakistan the devastation. government aid, 16,000 soldiers, 57 heli- was devastated by one of the most pow- Here is a young child caught in the copters, 42 other aircraft and 25 ships. After erful and deadly earthquakes in mod- the Kashmir quake, the United States has of- rubble in a full body cast. We hope he ern times. More than 140,000 people fered Pakistan $156 million in aid, including is going to be all right, but the child were killed or injured in the disaster. military equipment; deployed 950 soldiers; may be disabled for the rest of his life. and sent 24 helicopters. Aid that’s available The earthquake left 3 million people Here is a young boy, showing the homeless; hundreds of thousands of for immediate relief needs has been espe- crutches and the fact that, while we cially slow in coming. The United Nations children were left without schools. hope he can walk again, we don’t know has appealed for $550 million in emergency More than a million jobs were wiped if he will ever walk again. aid, but donors have pledged only $159 mil- out. These are some of the images from a lion. I have come to the floor this after- country that has been a great friend of The tsunami triggered a tsunami of gen- noon to remind my colleagues that as ours and a great ally of ours for a long erosity because it hit during the holiday sea- we are prepared to leave town to spend time. Even back during all of the years son and because Western tourists were af- the holidays with our families, to enjoy fected. But the logistics of getting relief into of the Cold War, Pakistan we could al- the Himalayas are more daunting; the a wonderful Thanksgiving meal with ways reply on—always. They have turkey and all the trimmings, as we sit weather is more punishing. While no deaths fought beside us, side by side, in every were linked to disease and hunger following around our dining tables and warm war we have had, from the Korean war the tsunami, the risk of an after-disaster in houses with family and friends close on. Kashmir is real. Add in Pakistan’s two-head- by, and we give thanks for all our We have done some things, as I men- ed role as an ally in the war on terrorism and blessings, let’s also pause and remem- tioned, but we must do more. The an incubator of terrorists, and the case for ber those halfway around the world Washington Post editorial pointed out scoring a combined humanitarian-foreign who will not even have enough to eat this morning that, after the Indian policy success by delivering more relief fast- er should be obvious. President Bush has that day, will not have a warm house, Ocean tsunami that killed 200,000 peo- and who are facing a winter ahead of sent Karen Hughes, his chief of public diplo- ple, the United States sent nearly $1 macy, to Pakistan. But sending another fleet cold and deprivation. These are the billion in government aid, 16,000 sol- of helicopters would be even more helpful. people of Pakistan, one of our most im- diers, 57 helicopters, 42 aircraft, and 25 Mr. HARKIN. Madam President, as portant strategic allies in Asia, espe- ships—$1 billion. Thus far we have of- cially in the war against terrorism. the editorial points out, we have a big fered Pakistan $156 million. stake in delivering much more gen- There are many difficult months and We sent 16,000 soldiers after the tsu- erous relief to Pakistan. Largely be- years ahead for the Pakistani people nami. In Pakistan we deployed 950. cause of the war in Iraq, America’s and the immediate danger is that the After the tsunami, 57 helicopters, Paki- standing in the Muslim world has fall- winter snows will now soon make relief stan 24. efforts in Kashmir difficult and in While I am sure that aid is welcomed, en dramatically in recent years. some places all but impossible, even by what I am trying to point out is the According to a recent Pew Center helicopter. Americans can be very devastation here was every bit as dev- poll, only 22 percent of Pakistanis ex- proud of the role our Armed Forces astating; there were 140,000 Pakistanis pressed a favorable view of the Amer- have played in relief operations in the killed in the earthquake. ican people. earthquake zone. Immediately after Half that many are now homeless and So clearly the aftermath of the the disaster struck, the United States facing a desperate winter without even earthquake is a chance for us to put offered Pakistan $156 million in aid. We as much as a tent. our best foot forward, demonstrating deployed 950 soldiers as well as 24 heli- The assistance we have offered Paki- our compassion, generosity, our friend- copters. As I speak, a U.S. Army mo- stan—one of our best friends and long- ship for the Pakistani people. bile surgical hospital is operating in time allies, a crucial ally in our war on By reaching out to them in their Muzzafarabad, providing medical care terror has been way too modest. hour of need, we can show the people of to thousands of quake victims. I ask unanimous consent to have the Pakistan that we see their country as To give our colleagues and viewers editorial from this morning’s Wash- more than a base for operations watching on C–SPAN a better idea of ington Post printed in the RECORD. against terrorists.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13309 To that end, I urge President Bush, We ought to be looking for ways for service to our flag, in service to our Secretary of State Rice, and the Gov- the USAID to provide a way for these country. I am struck by these colorful ernment to take a more assertive lead- people to go to Pakistan, under the mosaics of these troops, amen; the ership role in rallying the inter- American flag, for a period of weeks or green and blue of their uniforms set national community to assist Paki- months so they can put their talents to against the background of the bold col- stan. We can begin tomorrow at the use in assisting the earthquake vic- ors of our flag, Old Glory, Old Glory. International Donors’ Conference in tims. Each of these proud troops holds an ex- Islamabad. To date, the international This would send a powerful message pression of pride and courage, even community has only provided a quarter of friendship and good will of the though many of them appear to be so of the emergency relief that the United American people to the Pakistani peo- young. Note their ages—18, 19, 20, 21— Nations requested for earthquake as- ple. just starting out in life, having one full sistance in Pakistan. I urge my colleagues to remember glance of what is around them. Let me repeat that. The United Na- the pictures I have shown and to re- I can only imagine the grief of their tions has appealed for $550 million in member, this Thanksgiving week com- loving families during this time of the assistance for Pakistan, but donor na- ing up, the millions of poor people in year, as the somber tones of fall con- tions have pledged only one-fourth of Pakistan whose lives were shattered in trast with the joy of being with family that amount. only a few minutes, one of the most during the upcoming holidays. I pray In contrast, 1 month after the Indian devastating earthquakes to ever hit that God, Almighty God, will comfort Ocean tsunami, the U.N.’s emergency our planet. They are struggling to put those who have suffered losses, that He appeal was 99 percent filled. Now it is their lives back together. We need to will bless the fallen in their everlasting only a quarter filled. do more—again, both in terms of short- life, and that His hand will protect Some good things are happening. For term relief and long-term reconstruc- those who still serve in harm’s way. example, as I pointed out, the Inter- tion. Time and again, Pakistan has That so many have sacrificed during national Labor Organization has set up been there for us. Time and time again, this war in Iraq is reason enough to ask an emergency cash-for-work program from the beginning of the Cold War, questions about our Government and in the earthquake region. People are when they allowed our U–2 flights to about our Government’s policy in that being put to work making infrastruc- fly from Peshawar over the Soviet faraway land. Our troops continue to shed their blood, and our Nation con- ture repairs, removing debris, improv- Union, all through the Cold War, the tinues to devote enormous sums of our ing sanitation. Korean war, the Vietnam war, Haiti, This is a picture of the International national wealth to continue that war. everywhere we have been, the Paki- The Constitution protects the Amer- Labor Organization and their emer- stanis have been by our side. Now it is gency employment and what they are ican people from unjust laws that seek our turn to be there for the people of to stifle the patriotic duty to question doing. Pakistan in their hour of need. During The aim of this program is to inject those who are in power. But it is the this Thanksgiving week, let us resolve courage of the American people that cash back into the local economy, to do better than we have done in the while helping people get back to work compels them to actually speak out past. when those in power call for silence. If to support themselves. I urge the President and the Sec- According to my former staff mem- anything, attacks on patriotism of retary of State at the Donors’ Con- freedom-loving Americans may result ber, Mr. Afribi, one of the participants ference tomorrow in Islamabad to step in this program said to him, ‘‘For in even more Americans fighting forward to lead the international com- against attempts to squelch the con- every rupee we get for this work, it munity to do better than they have feels like 10 because we have earned stitutional protections of freedom. done in the past. Since our country was sent to war on it.’’ I yield the floor. March 19, 2003, 2,073 American men and So clearly these are people of pride The PRESIDING OFFICER (Mr. women have been killed. Yes, 2,073 and dignity and they are willing to COLEMAN). The Senator from West Americans have died. Nearly 16,000 work hard. They are looking for a Virginia is recognized. troops have been wounded. handup, not a handout. It behooves us Mr. BYRD. Mr. President, I thank Our military is straining under the to be more generous and forthcoming the Chair. repeated deployment of our troops, in- than we have been to date. We need to f cluding the members of the National continue to provide immediate emer- IRAQ Guard. They come from all walks of gency humanitarian relief. But we also life. They are lawyers. They are teach- need to tend to the longer term needs Mr. BYRD. Mr. President, as we look ers. They are preachers. They are coal of the survivors. out the window in most of our great miners. They are farmers. More than Many children, as I have shown, have country, we can witness the season $214 billion has been spent in Iraq and had amputations. They need to be change, the change in the season, and the end is not in sight. More than $214 cared for. Safeguards need to be put in we can feel it. The air has become crisp billion spent in Iraq and the end is not place to ensure that their disabilities with autumnal chill. The leaves on the in sight. Urban combat takes place do not get in the way of their edu- trees change their color; from the exu- each day, every day, in Baghdad, all cation. Past experience tells us that berant, green lushness of the summer day long. Every day and night. such children are vulnerable to being months to the tired, brown, yellow, and Veterans hospitals in our own coun- exploited in the workplace. In closing, red of the autumn, much like the try are threatened by budget short- we have an important mission here—to graying hair of a man advancing in falls, and yet Americans are still left come to the aid of the Pakistani people age. to wonder, when will our brave troops in their moment of maximum need. Nature can sometimes mimic human be coming home? When? I have many good friends in the Paki- events with a subtlety that no words I opposed this war in Iraq from the stani-American communities. I have can quite convey. As our country heads outset. From the beginning I spoke out many good friends in Pakistan. I was into the season that is celebrated with against our entry into this war. I privileged to visit there this Sep- the love of family and the love of pleaded with my colleagues. I pleaded tember, the third time I have been to home, Americans should also look with the White House. I asked ques- Pakistan. I traveled quite extensively across the landscape of America and re- tions that have not been answered. I in the country. The Pakistani people flect upon the loss of so many young spoke out against the invasion of a are wonderful. They are highly edu- Americans in the 12 months since au- country which did not pose an immi- cated and skilled. The Pakistanis in tumn last fell upon us. nent threat to our national security. I America, who have come to make a Think about it. In the past year, said so then—and I was right. I opposed better life for themselves, are doctors, more than 820 servicemembers have the war in Iraq from the outset. From surgeons, engineers, and so on. Many of lost their lives in Iraq. the word go, I opposed it. But our them have called me, eager to get in- The evening news features pictures of troops were ordered to go to Iraq and volved in the relief in Pakistan. American troops who have perished in they went.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13310 CONGRESSIONAL RECORD — SENATE November 18, 2005 The question is, now, when will they But instead of working with the Con- back. It could not see the wisdom of come home? The administration has so gress, instead of clearing the air, the this approach. It could not bring itself far laid out only a vague policy, saying White House falls back to the irksome to see the wisdom of the approach. our troops will come home when the practice of attack, attack, attack; ob- So, my fellow Senators, it is vital Iraqi Government is ready to take re- scure, obscure, obscure; attack. The that we have benchmarks against sponsibility for its country. When our American people are tired of these rep- which to gauge our progress. That is troops are no longer needed, when the rehensible tactics. If anything is rep- how we can measure effectiveness and, job is done, they will come home. We rehensible, it is these tactics. most importantly, how we know when will not stay a day longer than we are Circling the wagons will not serve the job is done. The administration’s needed. this administration well. What the peo- strategy of keeping our troops in Iraq That sort of political doublespeak is ple demand are the facts. They want for as long as it takes—have you heard small comfort to the mothers and the the truth. They want their elected that before? Keeping our troops in Iraq fathers of our fighting men and women, leaders to level with them. And when it for as long as it takes?—that is the the mothers and fathers who turn and comes to the war in Iraq, this adminis- wrong strategy. Who knows how long it toss upon their pillows, whose tears tration seems willing to do anything it will take for the Iraqi Government to wet the pillows, whose prayers break can do to avoid the truth, a truth I be- institute order in that fractured, un- the silence of night. Oh, when will they lieve will reveal that the Bush adminis- happy, miserable country? come home? Bring my boy home. Oh, tration did, indeed, manipulate the Unfortunately, the questions that the God, this awful war. facts in order to lead this Nation down American people are asking about the Wednesday evening the Vice Presi- the road to war. War. War. missteps and the mistakes in the war dent of the United States, even claimed The administration claims that the in Iraq are not being answered by this that criticism of the administration’s Congress had the same intelligence as White House, not being answered by war in Iraq was dishonest and rep- the President before the war and that the administration. Vice President rehensible. Did you hear that? Hear independent commissions have deter- CHENEY has dismissed these important me, now; let me say that again: On mined there was no misrepresentation questions as ‘‘making a play for polit- Wednesday evening the Vice President of the intelligence. But neither claim ical advantage in the middle of a war.’’ of the United States, the man who is is true. The intelligence agencies are Now, listen to that. The Vice Presi- within a heartbeat of being the Presi- under the control of the White House. dent of the United States has dismissed dent of the United States, the Vice All information given to the Congress President of the United States even these important questions as ‘‘making was cleared through the White House. claimed that criticism of the adminis- a play for political advantage in the And the President had access to an tration’s war in Iraq was ‘‘dishonest middle of a war.’’ How about that? enormous amount of data never shared and reprehensible.’’ Perhaps the Vice President should Since when are we not to lift our with the Congress. There was a filter question White House aides about voices? Are the American people not to over the intelligence information the using war for political advantage. For lift their voices in criticism of the ad- Congress received. That filter was the example, on January 19, 2002, the Wash- ministration’s war in Iraq? Is it dis- administration, which is actively en- ington Post reported that Karl Rove— honest on the part of the American gaged in hyping the danger and lusting get this—advised Republicans to people to do that? Is it reprehensible after this war, this terrible war in Iraq. ‘‘make the president’s handling of the on the part of mothers and fathers of Remember the talk of weapons of war on terrorism the centerpiece of sons and daughters who were sent to mass destruction? Remember the talk their strategy to win back the Senate that most dangerous country in the of mushroom clouds? Remember? Re- and keep control of the House in this world? Is it reprehensible? Did the Vice member the talk of unmanned drones? year’s midterm elections.’’ Does the President measure his words? The Vice The so-called proof for war was mas- Vice President have anything to say President’s comments come on the saged before it was sent to Congress, to about that? heels of comments from President scare Members, and leaked to reporters Let me say that again. On January Bush, who said: to scare people. 19, 2002—I read about it at the time; I No independent commission has stat- What bothers me is when people are irre- did not miss it—the Washington Post sponsibly using their positions and playing ed that the case for war was indis- reported that Karl Rove advised Repub- politics. That’s exactly what is taking place putable. Commissions have looked at licans to ‘‘make the president’s han- in America. how the intelligence fell short, but dling of the war on terrorism the cen- Listen to that. The President and the none have yet examined possible polit- terpiece of their strategy to win back Vice President need to reread the Con- ical manipulation. the Senate and keep control of the stitution, take another look at that in- Even the Senate Select Committee House in this year’s midterm elec- imitable document. Asking questions, on Intelligence slowed its examination, tions.’’ That was said on January 19, seeking honesty and truth, and press- stalled its examination of possible 2002. That was quoted in the Post on ing for accountability is exactly what White House manipulation. My col- that date. Yes, does the Vice President the Framers had in mind. What would league from West Virginia, the ranking have anything to say about that? George Washington say? What would member of the Intelligence Committee, The Vice President also lashed out at Alexander Hamilton say? What would Senator Jay Rockefeller, is rightly those who might deceive our troops: James Madison say? What would pressing for answers. The saddest part is that our people in uni- Gouverneur Morris say? What would Right now we are engaged in a mis- form have been subjected to these cynical James Wilson say? sion with no definition. That is trou- and pernicious falsehoods day in and day Questioning policies and practices, bling because without a clearly defined out. especially ones that have cost this Na- mission, it is impossible to determine Now, listen to that. Was the Vice tion more than 2,000 of her bravest sons when our effort is truly accomplished. President trying to clarify some of his and daughters, is the responsibility of This week, the Senate had the oppor- past statements on Iraq? Was he? every American and is also a central tunity to establish some very basic On March 24, 2002, the Vice President role of Congress as our duty as the benchmarks for progress in Iraq, said that Iraq ‘‘is actively pursuing nu- elected representatives of a free people. benchmarks that would have clearly clear weapons at this time.’’ There was We—you, you, you and I—we are the outlined goals and provided account- no doubt about it, to listen to the Vice elected representatives of the Amer- ability in meeting those goals. The pro- President—no doubt. ican people, the people all over this posal, offered by the senior Senator On August 26, 2002, the Vice Presi- vast land, its plains, its prairies, its from Michigan, Senator Carl Levin, dent said: was a modest, flexible approach that mountains, it valleys, its lakes, its riv- Simply stated, there is no doubt that Sad- ers, its seas. Yes, we are the men and would have given our troops, their fam- dam Hussein now has weapons of mass de- women who are tasked with seeking ilies, the American people, and the struction. There is no doubt that he is the truth. Is that irresponsible to seek Iraqi people some basic guidepost. Un- amassing them to use against our friends, the truth? fortunately, the Senate turned its against our allies, and against us.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13311 Let me go back and read the quote. How would you feel, Senators, how lady. Senator STEVENS is so proud of Let me repeat it. would you feel if our country were in- her, and he has a right to be. On August 26, 2002, here is what the vaded by another country? You would The article his daughter wrote is an Vice President said: want them out. You would do anything outgrowth of her senior thesis at Stan- Simply stated, there is no doubt— you could to get them out. American ford University, and as I read it, I un- Get that— troops are now perceived as occupiers, derstood why Senator STEVENS was so Simply stated, there is no doubt that Sad- not as liberators. The longer we stay, excited about it and why he wanted to dam Hussein now has weapons of mass de- the more dangerous Iraq becomes, and share it with me. Titled, ‘‘The Message struction. There is no doubt that he is the more likely it is we will drive the of the Dome: The United States Capitol amassing them to use against our friends, future government further from a in the Popular Media,’’ the article ex- against our allies, and against us. democratic republic and closer to reli- plores the ways in which the Capitol That is the end of the quotation. gious fundamentalism and, not insig- has served and communicated with the On March 16, 2003, the Vice President nificantly, the more American and general American public over the said: Iraqi lives will be lost—forever. years. It discusses the Capitol as a We will, in fact, be greeted as liberators. I, for one, believe that it is time to symbol to the American people and Do you remember that? say ‘‘well done’’—‘‘well done’’—to our how the meaning of that symbol has On March 16, 2003, there it is, the brave fighting men and women. May changed over time. Vice President said: God bless them one and all. Let us say, This beautifully written article skill- We will, in fact, be greeted as liberators. job well done, and start to bring the fully conveys the sense of wonder that Are these the ‘‘pernicious false- troops home. awaits every first-time visitor to Cap- hoods’’ that the Vice President believes Mr. President, I yield the floor and I itol Hill. With a trip to the Capitol, our troops have been subjected to? suggest the absence of a quorum. Lily points out, a visit to Washington That is, of course, a rhetorical ques- The PRESIDING OFFICER (Mr. goes well beyond ‘‘a vacation in the lei- tion. Far from questioning his own BURNS). The clerk will call the roll. sure sense.’’ It becomes ‘‘an education statements about the war in Iraq, the The legislative clerk proceeded to journey, one in which the visitor can Vice President’s comments are a ham- call the roll. learn more about the government and handed attempt to squelch the ques- Mr. BYRD. Mr. President, I ask unan- the history of the United States.’’ tions that the American people out imous consent that the order for the And Lily’s article makes fascinating there are asking about the administra- quorum call be rescinded. and intriguing points about this build- tion’s policies in Iraq. The American The PRESIDING OFFICER. Without ing in which her father, Senator TED people should not be cowed. They objection, it is so ordered. STEVENS, and I work. Visitors to the should not be intimidated. And Sen- f Capitol, Lily Stevens writes, while sharing certain common experiences, ators should not be intimidated by TRIBUTE TO LILY STEVENS these attempts to intimidate. The still find their own individual inter- American people should not allow the Mr. BYRD. Mr. President, last night, ests. As she quotes one author: ‘‘The subject to be changed from the war in as the Senate was working into the Capitol means many things to many Iraq to partisan sniping in Washington. late hours of the night and tensions people.’’ Instead, the American people must were running high, our esteemed and Lily Stevens makes the point about raise their voices—hear us—the Amer- beloved colleague, the former chairman how the Capitol functions as a ‘‘na- ican people should raise their voices— of the Senate Appropriations Com- tional shrine,’’ a place for appreciating hear us, listen to us—the American mittee, took me by the arm and pulled our democratic form of government people must raise their voices even me aside. There was something he and for praising our Nation, our his- louder to ask the administration the wanted to show me. There was some- tory, and our national leaders. And she same simple questions: What is your thing that my esteemed and beloved explains how, over the years, the Cap- policy for Iraq? Answer that. What is colleague, TED STEVENS, wanted to say itol has functioned as a church. Indeed, your policy? Is it stay the course? to me and wanted to show me. There religious services were once held in When will the war be over? How many was something he wanted to show me. this building. And the Capitol still per- more lives will this war cost? When It was an article that his daughter Lily forms many functions that are reli- will our troops return home? Stevens had written about the U.S. gious in nature, like funeral services Mr. President, the holiday season is Capitol, and he wanted to share it with for certain national leaders. Statuary almost upon us. Americans will soon me. Hall, she points out, can be seen and sit down at their Thanksgiving tables. I was touched by this. I know Lily. interpreted as ‘‘an American West- They will gather together to give What a prodigious memory she has. Ah, minster Abbey.’’ How about that? thanks to Almighty God, give thanks what a rose in full bloom, what a love- There is so much fascinating reading to Him for the blessings that have been ly woman, Lily. She adores her father. in this article, I could speak long about bestowed upon America’s families. As He adores her. it. I am asking that it be printed in the we gather, there will be an empty seat With everything that was going on in CONGRESSIONAL RECORD, and I urge all at many tables. Some chairs will be the Senate at the time, Senator STE- my colleagues to read it. I promise empty because a service member is VENS was showing a father’s pride in you, you will enjoy it. serving his or her country in a faraway his daughter’s accomplishment. Senator TED STEVENS is also entitled land. Other seats will be empty as a si- I have literally watched Lily grow today to his own personal congratula- lent tribute to those who will never, up. In her article, she points out that tions. Why? Today, November 18, is never return. her father was already a Senator when Senator STEVENS’ birthday. How about Each of these troops has fought to she was born, and while she was a baby, that? Senator STEVENS’ birthday, protect our freedoms, including the her father would bring her to the Cap- today. A wonderful man, a great legis- freedom of Americans to ask ques- itol—I have seen him many times—and lator. Today Senator STEVENS is 82 tions—yes, the freedom to ask ques- carry her around in a basket. I remem- years young. Oh, to be 82 again. Just to tions. Our troops have fought for that ber that, just as I remember how she be 82 again, oh, my. I said to Ted: ‘‘The freedom—people back home, their fam- attended a number of my parties, and I next 5 years are going to be the heavi- ilies, might ask questions, their friends attended a number of hers. est, Ted.’’ I know. Five years ago I might ask questions—the freedom to I watched her grow into the remark- didn’t need those canes, no. My feet ask questions of their Government, the ably—talented person she is today. She and legs were still good. people’s Government. is a graduate of Stanford University Senator STEVENS and I have worked The whole picture, the truth is that and is currently a law student at the together in the Senate since 1968, and the continued occupation of Iraq only University of California at Berkeley. we have been on the Senate Appropria- serves to drive that country closer to Lily is not only prodigious and intel- tions Committee together since 1972. In civil war. They do not want us there. ligent, but she also is a polite, cour- all this time together, I have always They do not want us there. teous, gracious, and charming young known Senator TED STEVENS to be an

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13312 CONGRESSIONAL RECORD — SENATE November 18, 2005 outstanding Senator, a great colleague, and continually grow larger until it would fi- and perphaps their families could enjoy as and a trusted friend. Oh, I realize he nally disappear. I knew where alcohol was much time as possible at different points of may grumble every now and then. He is hidden during Prohibition, where the bomb interest. had gone off in the early 1980s, and where to Sanford’s article reflected a common prac- getting a little bit grumbly. But you stand to hear the whispering secrets of Stat- tice of any Americans, that of a short jour- can forgive him for that. uary Hall. ney to Washington to visit and experience You never have to be concerned My fascination with the Capitol led me to the monuments and nation’s government. about turning your back on him. He is this project for my undergraduate honors Central to this journey was a trip to the U.S. honest. He is straightforward. And his thesis at Stanford University. I wanted to Capitol, for the visitor to wander the halls, word is his bond. Over the years we explore the ways in which the Capitol has see the building, and watch Congress in ac- have had our spats, but never once did served and communicated with the general tion. Many articles such as Sanford’s de- American public. I wondered why so many scribed in detail the functions of the Capitol, I doubt our friendship, our admiration visitors had entered the Capitol, and what the sculptures of Statutory Hall and the for this country, its flag, each other, they were looking to find. In my thesis, I ex- paintings of the Rotunda. All offered a vir- and our ability to work together. plored what the Capitol had symbolized to tual paper tour of the pubic monuments. So today, TED, I say in the words of Americans and whether its meaning had These articles suggested that the Capitol and the poet: changed over time. I thought of the many Washington D.C. were a major point of inter- Count your garden by the flowers, images and references to the Capitol that I est to Americans. Authors like Sanford en- Never by the leaves that fall. had seen in the popular media and wondered couraged a trip Washington. But what did Count your days by the sunny hours, how the building had been shown and de- the travelers hope to learn or find in the And not remembering clouds at all. scribed since its construction. In this ex- Capitol, and what types of visitors came? Count your nights by stars, not shadows, cerpt, which include the first chapter, ‘‘All Why, in particular, was the Capitol such a Count your life by smiles, not tears. Roads Lead to Washington,’’ we will look at popular destination for the traveler? A trip to Washington was not usually a va- And on this beautiful November afternoon, Washington as a figurative center of the country, as the destination for anyone inter- cation in the leisure sense; rather, it was an Senator STEVENS, count your age by friends, educational journey, one in which the visitor not years. ested in learning more about the government and the nation. could learn more about the government and I conclude my remarks by again con- Authors throughout the early part of the the history of the United States. Some arti- gratulating Senator STEVENS on his twentieth century described Washington as a cles focusing on the Capitol or Washington 82nd birthday and on his beautiful natural destination for any traveler. In 1940, referred to travelers as ‘‘pilgrims.’’ This daughter’s marvelous work. I thank Marion Burt Sanford offered advice for a trip term for visitors to the Capitol evoked both TED STEVENS for being a superb col- to the nation’s capital to readers of Woman’s a religious tone and a reminder of the coun- league and a great friend, a great serv- Home Companion. She declared the city to try’s history. In one definition of the word, be the country’s focal point: ‘‘In front of the pilgrims are religious devotees, often cov- ant of his people in Alaska, and for White House is the zero milestone from ering large distances to reach a particular sharing Lily’s article with me. which all distances in the country are meas- sacred spot. In his essay on ‘‘Geography and I ask unanimous consent to print the ured, so all roads lead to Washington.’’ Her Pilgrimage,’’ Surinder Bhardwaj defined the article in the RECORD. article rested on a puzzling premise. She religious pilgrim in terms of three character- There being no objection, the mate- claimed that Washington was a ‘‘zero mile- istics: ‘‘. . . the religiously motivated indi- rial was ordered to be printed in the stone,’’ and yet the nations’s capital was cer- vidual, the intended sacred goal or place, and RECORD, as follows: tainly not at the geographical center of the the act of making the spatial effort to bring country. Some capitals sit at a central loca- about their conjunction.’’ Pilgrims can also ‘‘THE MESSAGE OF THE DOME:’’ THE UNITED tion, convenient to every part of the coun- be travelers in search of a spiritual revela- STATES CAPITOL IN THE POPULAR MEDIA, try: Paris, France and Madrid, Spain for ex- tion or enlightenment, wanderers without a 1865–1946 ample. Washington, D.C., however, is on the concrete destination. One dictionary entry (By Lily Stevens) eastern seaboard, and certainly not acces- for ‘‘pilgrim’’ declares that the word is appli- Anyone who has spent a considerable sible for the western portion of the country. cable to any traveler, whether on a religious amount of time in the nation’s capital has a Yet taken in a figurative sense, Washington mission or not. A pilgrim can be anyone who particular experience with the white build- D.C. is a location that draws many visitors. leaves home behind to make a journey. In ing on the Hill. Growing up in Washington As the federal capital, it is a destination for another definition, the term ‘‘pilgrim’’ labels D.C., I never lost the wonder and excitement politicians, lobbyists, tourists, school the early European settlers of the United of visiting the Capitol. I cannot remember groups, and others. Every person in the States who fled their countries, suffering the first time I entered the building, as it United States has a tie to the city, as the hardships on their trip across the ocean to be was in a small basket carried by my father. place where the laws are made and enforced able to practice religious freedom and de- He was elected to represent the state of Alas- and where the country is governed. There- velop their own communities. This definition ka in the Senate before I was born. As a lit- fore, though Sanford’s claim that ‘‘all roads is perhaps not as relevant to the idea of visi- tle girl, I loved walking up the marble stairs lead to Washington’’ is, in the literal sense, tors to the Capitol, but the reference to the within the building, feeling the grooves worn a misstatement, it does offer an interesting founding of the United States is poignant into the center of each step. I would run my way of looking a the nation’s capital as a and instructive—and would not have been hand up the shiny round banisters attached magnet for many types of people. lost on American readers. to the wall and shuffle my feet along step While the White House was the ‘‘zero mile- What constituted a ‘‘pilgrimage’’ to the after step. The Capitol was a wondrous place stone,’’ Sanford suggested that the first stop Capitol, and who were these ‘‘pilgrims’’? that always seemed to be changing. I could for any traveler must be the Capitol. Even They all came to the nation’s capital to see have run for hours around the big tile circles before any organized visits, the Capitol was the workings of the government and the his- on the floor, following one pattern until it a starting point for a memorable walk in the tory of the buildings, but pilgrims were may made me so dizzy that I lay on the ground city: ‘‘If you arrive at night and are not too different types of people. They were school- laughing, staring at the tall ceiling, until I weary take the taxi to the Grant Statue children brought to the building by their got up to start my game again. below the Capitol and walk a mile down the teachers to learn a civics lesson. They were There were just so many things to look at: wide silent Mall to the illuminated Wash- historians on a pilgrimage to see the sites the marble heads on stands that towered ington Monument and the Lincoln Memorial. where certain senators sat and certain docu- above me, the paintings on the walls and You will never forget it.’’ Making a memory ments were signed. They were mourners who ceilings, the many people who crowded the of visiting the monuments at night was the came to pay last respects to assassinated halls. Every time I walked into the Rotunda, first on her list for a woman to do when com- presidents and unknown soldiers. They were I would lay my head down on the white cir- ing to the city. The reader she addressed was also women like Clara Bird Kopp, who wrote cle that represents the center of Washington a casual visitor, one who would be interested an article for the National Republic describ- so that I could see all of the figures on the in seeing the major monuments as well as in ing her daylong journey around the Capitol. ceiling. My next stop in the Rotunda would experiencing the social side of the city. San- Entitle ‘‘A Pilgrimage to the Capitol,’’ her be my favorite painting so that I could count ford advised her readers: ‘‘The first day in article showed ways in which an everyday the eleven toes on one barefooted man. In Washington should be given to the Capitol person could make a casual pilgrimage to Statuary Hall, I would look for King Kame- and the surrounding buildings.’’ She warned the Capitol, see their senator or congress- hameha, with his brilliant gold clothes. that in order to have a successful trip to the man and make a connection with the build- When I left the room, my neck would hurt nation’s capital, the visit must not be too ing. Pilgrims, therefore, could come with a from looking up at his enormous face, loom- hasty: ‘‘You can’t see the House and Senate specific interest, could be on a trip to learn ing over six feet above mine. As I grew older, in action, or the rare private collections in something new about the government, or I knew every ghost story, and loved to tell the vast Library of Congress, or saunter past could just come to experience the Capitol. the tales of Lincoln being spotted in his tall the embassies on Massachusetts Avenue on a What did these pilgrims hope to find? Cer- hat before stepping through walls, of the hurried bus tour.’’ Her proposed tour was a tainly not on a religious mission, they went large cat that would appear in the Rotunda casual one in which women, their husbands, to Washington in search of knowledge about

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13313 the government. The idea behind many of ‘‘average citizen’’ has a natural interest in own, from the burning of the Capitol during these trips was that the complex structure of the government and that the trip to Wash- the War of 1812, to the memories of docu- the United States Government and its three ington, DC was a trend of ‘‘countless visi- ments signed, deals arranged, and people who branches could somehow be slightly decoded, tors.’’ Most of the articles in education mag- visited. It was a shrine that celebrated the slightly more understood if one traveled to azines took this interest of the ‘‘average cit- past, present, and future of the country. Washington. Seeing parts of the government izen’’ as a given, and described aspects of the Like the idea of a ‘‘pilgrim,’’ the use of the in action, whether Justices presiding in the Capitol or Washington for the pilgrim. Be- word ‘‘shrine’’ to describe the Capitol con- Supreme Court or Senators arguing on the hind all of these articles was the idea that veyed religious connotations. Though it did floor, would lead to a deeper understanding children and adults alike would become bet- not function as a religious shrine, and of the functions of the government. Along ter, more knowledgeable citizens by being though the United States on principle sup- with the live experience of viewing the Con- pilgrims, thus partaking in a common expe- ported a separation of church and state, the gress within the Capitol came the oppor- rience with many other Americans. Capitol did have some involvement with reli- tunity to peruse the architectural, artistic, Although many shared in the common ex- gion. Gilbert Grosvenor described one way in and historic elements of the building. Not perience of visiting the Capitol, each indi- which the Capitol functioned almost like a only did the Capitol present highlights of the vidual might have found a different interest. church: ‘‘For some years religious services country’s history through artwork, it also Writing in the National Education Associa- were held in the old Hall of Representatives held memories of great events that took tion Journal, Mildred Sandison Fenner sug- on Sunday afternoons; Lincoln attended place within its walls, whether joyful or sor- gested: ‘‘The Capitol means many things to them during the war period, when the hall rowful. While some who entered the Capitol many people.’’ Her article appeared during was crowded because many churches had and wrote about their experience saw them- World War II, at a time when Washington been converted into barracks.’’ The national selves as pilgrims of democracy, others were had become a center of focus for the world. shrine also held funeral services for leaders, casual visitors. Still others were profes- She used the Capitol, as a house of govern- in addition to the national tradition of lead- sionals in search of a certain statute or ment and a national monument, to reach out ers laying in state within the rotunda. Gros- room. Some were visitors on a mission, at to many types of Americans and world citi- venor also commented that the placing of the Capitol to lobby, protest, or otherwise zens. She divided people into seven cat- statues in that ‘‘old Hall of Representa- participate in the process of democracy. egories and addressed a section to each, ex- tives,’’ transformed the room into more than One of the most visible and common plaining what aspects of the U.S. Capitol just Statuary Hall: ‘‘The floor of this room groups of ‘‘pilgrims’’ in the Capitol was would be of interest to those people. Her cat- was raised to its present level when the hall schoolchildren. Every American education egories: travelers, architects, artists, histo- was converted into an American West- included an exploration of the federal gov- rians, teachers, ‘‘all American citizens,’’ and minster Abbey.’’ Relating the room to an ernment, and often a trip to Washington ac- ‘‘all Citizens of the world who believe in the American Westminster Abbey certainly had companied this lesson. In an article for Na- four freedoms.’’ By commenting on all of religious overtones, but he was most likely tional Geographic Magazine, Gilbert Gros- these specific interests, she was able to de- referring to the memorializing of leaders and venor included a picture of group of young scribe almost every intrigue about the Cap- notables that took place in the room Americans, with a caption that read: ‘‘A itol, as well as explain her ideas about what through sculpture. group of proud pilgrims on the steps of the it meant to all people. Travelers, she said, Aside from memorializing American his- Capitol.’’ The paragraph of explanation would remember the Capitol as their first tory through art, the history of events with- below the image spoke of the phenomenon of sight if they arrived at Union Station. in the Capitol itself reflected important mo- pilgrims, of visitors to the Capitol: Speaking of the architects’ interests, she ments in the development of the United Tens of thousands of Americans take a was able to describe the basic appearance States. As the National Education Associa- short course in patriotism and government and dimensions of the Capitol, as well as tion Journal declared, ‘‘The history of the annually by making a pilgrimage to Wash- speak of the architects who contributed to Capitol is the history of our country.’’ ington; but none of them get more of happi- the building. Artists, she said, would be in- Memories of the great and disappointing mo- ness and inspiration out of it than the mem- terested in the ‘‘paintings and sculptures of ments of the past that occurred in the build- bers of the boys’ and girls’ clubs of the rural great historic and patriotic interest.’’ Her ing illustrated various times in the country’s high schools. The boys and girls in this pic- passage ‘‘to Historians’’ was the longest, history. ‘‘If you study this building long ture hail from the parishes of Louisiana and mentioning several moments in the Capitol’s enough,’’ Beverly Smith wrote for the Satur- won a national poultry judging contest. history. She wrote of the laying of the cor- day Evening Post, They are seeing Washington under the guid- nerstone, the move of the national capital to ance of one of their Senators and the Sec- Washington, the burning of the Capitol in ‘‘. . . you can learn America’s history since retary of Agriculture.’’ 1814 by the British, the completion of the Washington’s day. In the very first Congress For the students and their companions, dome during the Civil War, and more. which sat here, Jefferson was elected over presumably their teachers or guardians, the According to Fenner, the Capitol embodied the devious Burr on the thirty-sixth ballot, trip to Washington was a special honor. a variety of meanings for the various visi- saving the young republic from who knows Grosvenor used them as models for his idea tors. For those who led the school trips to what oblique destiny. Here Andrew Jackson of the pilgrimage, which he described as ‘‘a Washington, the Capitol could be seen as a escaped assassination when two pistols short course in patriotism and government.’’ key to a broad history. ‘‘To teachers,’’ she missed fire. Here Representative—formerly These pilgrims were becoming better, more wrote, ‘‘the story of the capitol is an even President—John Quincy Adams died, on that faithful citizens through their trip to the broader one, embracing the history of the couch now in South Trimble’s office. In this Capitol and Washington. Grosvenor equated country itself.’’ Of course, she also admitted building were voted all our wars since 1800. enhanced patriotism with a first-hand expe- that ‘‘[t]o all American citizens,’’ the Cap- Lincoln worked here as a congressman. Here rience in Washington, as though visiting na- itol represented the basic actions of govern- Woodrow Wilson pleaded, and Franklin Roo- tional buildings like the Capitol would natu- ment, the legislative body and the basic sevelt spoke, tired and tense in his chair, rally inspire feelings of pride in the govern- process of democracy. She expanded this idea after his return from Yalta.’’ ment and in the country. While most visitors in her last section, addressing ‘‘all citizens of Her readers received a crash course in did, in effect, take ‘‘a short course in . . . the world who believe in the four freedoms.’’ some highlights and low points of American government,’’ not all necessarily left the To these people, Fenner claimed, ‘‘the Cap- history and pride. Notable events include the Capitol with patriotic feelings, as we will itol of the United States is the ‘arsenal of de- deaths of officials within the building, the later discuss. mocracy.’ To these millions it is a symbol of actions of the Congress, and the presence of Several articles in education periodicals hope and a prophecy of the future.’’ great leaders. These events were not readily complemented Grosvenor’s positive view of As a symbol of hope and prophecy, the Cap- apparent to the tourist. In order for a visitor the school-age child’s reaction to a pilgrim- itol became a ‘‘national shrine,’’ a term that to appreciate what history the building held, age to Washington by suggesting knowledge appeared in a 1947 article in the Saturday they had to have a tour guide, or a literary of the Capitol should be basic like reading, Evening Post. Author Beverly Smith re- tour guide such as Smith, explain these mo- writing, and arithmetic. In the National marked upon the ways in which the building ments. Education Association Journal as well as in served as a center for praising the govern- Many of these articles gave an insider’s ac- School Life, articles highlighted the Capitol ment, for remembering the past: ‘‘The Cap- count of the past, including both popular and and suggested reasons why a visitor might be itol is part shrine, part hangout. It has been little-known stories of the Capitol’s history, interested in the building. One unidentified called ‘the Caaba (holy of holies) of Liberty,’ for it was not through the casual pilgrimage author of such an article spoke of the gen- . . . Rufus Choate said, ‘We have built no that a person could notice these spots and eral visitor to Washington: ‘‘Next to himself temple but the Capitol.’ ’’ The Capitol served instinctively know what happened in the and his home town or city, the average cit- as a national shrine, or civic temple, in a va- past. Gilbert Grosvenor also included some izen is interested in his country, its laws and riety of ways. As a mostly secular shrine, the stories of moments past in ‘‘The Wonder lawmakers, its seat of government. In April Capitol assumed a role of a place for wor- Building of the World.’’ He wrote of Statuary and May . . . Washington’s parks and drives shipping democracy, for praising the nation, Hall, the former chamber of the House of reflect the lavish mood of nature and count- its history, and its leaders. In addition to the Representatives: ‘‘Here Lincoln, John Quin- less visitors climb the steps leading to the artistic remembrances of great moments cy Adams, Horace Greeley and Andrew John- Capitol.’’ The author boldly stated that any past, it embodied a certain history of its son served in the same Congress. Here Henry

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13314 CONGRESSIONAL RECORD — SENATE November 18, 2005 Clay welcomed Lafayette, who replied in a entire ninety-six are placed.’’ He did not passed before the flower-laden catafalque of speech said to have been written by Clay. merely dislike the positioning of the statues, the unknown soldier prior to interment at Here John Marshall administered the oath of but also the statues themselves. He ex- Arlington.’’ The ritual of paying respects to office to Madison and Monroe.’’ The preser- plained that they had no artistic continuity, the unknown soldier began after World War vation of the country’s history through as a wide variety of artists had completed I, and has continued to be a part of the post- memories such as those Smith, Grosvenor, them, and that State Legislatures had often war tradition for all major conflicts. By and Fenner described was an essential ele- favored cheaper statues over ones that were placing the coffin of the Unknown Soldier in ment to the appreciation of the shrine. more aesthetically pleasing: the Rotunda before it is interred at Arling- In addition to holding stories, the national ‘‘Zachariah Chandler, the latest addition ton Cemetery, the country has been able to shrine preserved key moments in American to the hall, wears neatly creased trousers symbolically mourn for all those who died in history through art. For the artistic ‘‘pil- and a new white topcoat with fashionable war. At the same time, this tradition makes grim,’’ the halls of the Capitol were filled roll lapels. Lewis Cass, who stands beside the statement that deceased presidents as with visual history. Visitors could peruse the him, is clothed in a suit so badly wrinkled well as those who die fighting for the United art within the Capitol and learn something that one look will make a tailor’s hands States deserve the same respect and honors. about the past entirely on their own. Fenner twitch. General Lew Wallace’s right coat The national shrine did not only praise mentioned her own preference for some of sleeve is laid open halfway to his elbow and those leaders and notables of the past. As a the works: ‘‘Among the better oil paintings rolled back while his left sleeve is drawn way of honoring the nation and democracy, are those of Stuart, Peale, and Trumbull.’’ tightly about the wrist. Daniel Webster’s some revered the leaders who worked within Congress had commissioned Trumbull’s coat is woefully in need of pressing. The the Capitol at the time. Grosvenor concluded paintings in the early nineteenth century to dress worn by Miss Frances E. Willard, the his long article on the Capitol by saying that commemorate scenes of the American Revo- only woman in the group, appears to have the present deserved as much attention and lution. Throughout the Capitol, frescoes of- been slept in.’’ commendation as the past. He included fered allegories of great leaders or of basic St. Clair maintained that he was not alone members of the House, Senate, and Supreme principles of the republic. Works of art hung in his opinion, and related the story of a Court in his praise. He began by stating a on walls in offices and hallways, all por- ‘‘merry war’’ that was ensuing at the time. common practice of people to overlook the traying different moments in America’s past. The conflict arose between the lieutenant present: ‘‘Amid the glamour of history, some However, the paintings that hung in the Ro- governor of Kansas, Sheffield Ingalls, and an are prone to discount the achievement of the tunda were not of particular interest to au- artist who had completed one of the statues. present and the abilities of those to whom thors, perhaps because any visitor to the St. Clair explained that Ingalls was attempt- have been entrusted the duties of lawmaking Capitol could observe them. More important ing to have the statue of his late father, Sen- and law-administering. But the student of to these literary pilgrimages were little ator John J. Ingalls, removed from Statuary the past knows that the wail of the ‘deca- known stories and facts about the national Hall. Ingalls’ motivations reflected his worry dence of the times’ is one which has gone ‘‘shrine.’’ about the sensation surrounding the room: forth in every age.’’ Grosvenor concluded his Both preserving a memory of the past and ‘‘Reverence for his parent made such action article by reminding the reader that those praising great leaders through sculpture, imperative, the son said, inasmuch as the en- current leaders could some day be given Statuary Hall was the center of much debate tire collection of statues had, due to their great honor: ‘‘The men of to-day who are on the early twentieth century, and a com- poor arrangement and, in many cases, inar- making the history of America will, in turn, mon destination for the ‘‘pilgrim’’ especially tistic execution, become ridiculous and have their meed [sic] of recognition, and in interested in the arts. Dedicated by the mirth-provoking curiosities to tourists.’’ some future time their effigies in bronze and House and Senate to be a place where each Ingalls’ concern that his father would be- marble will be placed in Statuary Hall as State could send sculptures of two people of come the source of ridicule and mocking comrades in glory with the Founders and accomplishment, the Hall became a source of shows the impact that the phrase ‘‘chamber Preservers of the Republic.’’ In some ways, many extreme opinions. While some people of artistic horrors’’ had on how Americans Americans paid tribute to the actions of enjoyed the sculptures and admired the idea thought about Statuary Hall. Though it their leaders every day by listening to de- of placing leaders from each State within the originally was intended to honor great lead- bates on the floor of the House and Senate Capitol, many others described it as a ‘‘ ers, the artistic failings made it a controver- and by visiting their delegations’ offices. chamber of horrors,’’ due to the poor quality sial room. However, not all who came to the ‘‘na- of the sculptures and the bad arrangement of Former leaders were also honored in the tional shrine’’ found people, or actions, figures. Gilbert Grosvenor was of the former ‘‘national shrine’’ through the tradition of worth praising. In one book, Historic Build- opinion, and gave a positive view of Statuary laying-in-state. On these occasions, the Ro- ings of America, ‘‘famous authors’’ took a Hall. ‘‘An unwarranted phrase,’’ he wrote, tunda was turned almost into a funeral home critical look at American institutions and ‘‘has made it popular to call Statuary Hall a or church as Americans came to pay last re- traditions that were generally accepted and chamber of artistic horrors. Such designa- spects to the deceased. Many presidents have praised. A chapter by Charles Dickens, tion does injustice to the art and the history lain in the center of the Rotunda, mostly ‘‘Within the Capitol,’’ attacked the motiva- of the room where the House of Representa- those who died in office. The ceremony had a tions of all politicians within the chambers. tives met for 40 years and which now exem- strong impact on the participants, as Cath- Though Dickens’ excerpt was likely written plifies a really fine memorial idea. Setting erine Cavanagh described in an article for during the early 19th century, its inclusion clear his feelings about the hall in the begin- Bookman: in this early 20th century book suggests its ning, he continued on to explain how it came ‘‘The solemn Rotunda of the Capitol has message resounded with readers years later. to be. A law was passed in 1864 to create been made almost unbearably solemn by fu- Dickens wrote: Statuary Hall, which he said was so that: neral services which have been held there— ‘‘I saw in them the wheels that move the ‘‘the States could use it as a place to do na- notably those of the three presidents who meanest perversion of virtuous Political Ma- tional honor to the memory of their sons and died by the hands of assassins—Lincoln, Gar- chinery that the worst tools ever wrought. daughters renowned for civil and military field and McKinley. And one who has looked Despicable trickery at elections; under- service, each State being entitled to place upon the silent form of one of our rulers handed tamperings with public officers; cow- two statues here.’’ At the time that most of lying under the lofty canopy of the dome can ardly attacks upon opponents, with scur- these articles were being written, there was never forget the awe of the occasion. The rilous newspapers for shields, and hired pens but one woman among the collection of stat- long black line in front, and the long black for daggers; shameful trucklings to merce- ues, Frances E. Willard. Statuary Hall at- line behind, in the procession of reviewers nary knaves whose claim to be considered, tracted many visitors who came to gaze at are forgotten—one seemed alone with the au- is, that every day and week they sow new the statues as well as to experience the gust dead in the vast grandeur of the cham- crops of ruin with their venal types, which ‘‘whispering’’ phenomenon of the elliptical ber typifying the core of the Nation.’’ are the dragon’s teeth of yore, in everything room; a person standing at one focus of the To Cavanagh, visiting a leader lying in but sharpness; aidings and abettings of every room could hear a person whispering at the state not only was a solemn occasion, but bad inclination in the popular mind, and art- other. also was an opportunity to have solitary ful suppressions of all its good influences: Many authors, artists, and other citizens time within what she sees as the Nation’s such things as these, and in a word, Dis- did not view Statuary Hall in so pleasing a figurative heart. As one waited in line to honest Faction in its most depraved and light as Gorsvenor. Lambert St. Clair wrote visit the coffin, it was an occasion to ponder most unblushing form, stare out from every an article for Collier’s, ‘‘The Nation’s Mirth- all of those who have passed. Authors strong- corner of the crowded hall.’’ Provoking Pantheon,’’ in which he described ly associated the Rotunda with these serv- Dickens would have been one of the critics the Hall in detail, attacking it artistically. ices: to the National Education Association who Grosvenor attacked in the conclusion to Not only were the sculptures themselves ter- Journal, mentioning the tradition of laying this article. Writing an impassioned account rible, but their placement around the room in state was a natural part of a description of the characters of leaders within the build- also left much desired: ‘‘The arrangement of the rotunda. A general explanation of the ing, Dickens was far from praising those who obviously is bad. Forty-one statues are size and shape of the Rotunda was accom- made or enforced the laws. Though Dickens crowded into a space which might accommo- panied by a reminder of several services that was not praising the actions of those politi- date ten artistically . . . Guides expect to had taken place within the room: ‘‘Here Lin- cians within the shrine, he was exercising grow wealthy rescuing lost tourists when the coln’s body lay in state; here multitudes the right of free speech, a basic principle on

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13315 which the democracy was founded. As a Brit- an article entitled ‘‘Nerve Center of the done before them. The Capitol remains a ish citizen, he brought a slightly different World,’’ Albert Parry wrote that Washington central destination for all who find them- perspective to his view of the Congress, but could still be thought of as a small town, selves on a road that leads to Washington. his attack reflects the basic right to offer even though its importance was growing on f criticism. Therefore, though he did not ad- the national and international scene, ‘‘If mire the actions of these particular leaders, anything,’’ he wrote, ‘‘Washington is a IN THANKSGIVING he was valuing an ideal that the ‘‘national charming Southern town which has grown Mr. BYRD. Mr. President, as the City shrine’’ was intended to represent. large and cosmopolitan without losing its of New Orleans and countless other Just as Dickens criticized the government drawl.’’ In these and other articles on the openly and thereby enjoyed one of the privi- Capitol and Washington, journalists were communities along the U.S. gulf coast leges of democracy, so have millions of demystifying the formal ideal of the Capitol, continue to clean up from the twin dis- Americans come to the Capitol in order to making it a more accessible place. asters that were Hurricanes Katrina express their grievances. Their roads led to Smith in particular wanted Americans to and Rita, as Florida reels from yet an- Washington for a different purpose: for a pil- see ways in which the Capitol belonged to other major hurricane there, as U.S. grimage of protest. These protests could eas- them. In one story she related a physical casualties in the Iraq and Afghanistan ily be the subject of an entire paper, and so way in which everyday Americans left their conflicts soar above 2,000, and as scan- I will just take a look at one of the protests mark on the building: as an example of the many that have oc- dal engulfs the White House itself, it curred. In an article for New Republic in 1931, By day in the sunshine or at night under its might seem difficult to find anything John Dos Passos described a ‘‘hunger march’’ floodlights, the great dome looms white and to be thankful for on this Thanks- pure. But, if you climb the long spiral stairs that took place at the Capitol. The situation giving. was tense as a group of men proceeded up to the little galleries around the dome, you see that every inch of the surface within For many families in the United Constitution Avenue to the expanse between States this holiday season, the tables, the Capitol and the Library of Congress. Dos human reach is covered with writing, in pen- Passos gave a picture of the scene to the cil, ink, crayon and lipstick—all the small if tables they can find to set, will be reader: familiar chirography of the American people: set with fewer plates than usual, and ‘‘The marchers fill the broad semicircle in Jimmy loves Marge . . . Kilroy was here . . . the fare might be somewhat skimpier front of the Capitol, each group taking up its Mr. and Mrs. G. Wallace Shiffbaur, of than in years past. Their homes are in position in perfect order, as if the show had Minesota . . . Hubba, hubba. Hearts and ar- ruins, their jobs lost, their friends and rows. Periodically the writing is painted out, been rehearsed . . . Above the heads of the family members scattered, and their marchers are banners with slogans printed but a new swarm of tourists and out: ‘in the last war we fought for the bosses: honeymooners covers it up again, quick as prospects for rebuilding the lives they in the next war we’ll fight for the workers magic. ‘‘What can you do?’’ says a guard. once knew are uncertain. It can be dif- . . . $150 cash . . . full pay for unemployed ‘‘It’s their Capitol, ain’t it?’ ficult to take the long view in the face insurance.’’ Though the dome appeared to be com- of such circumstances, or to reflect on These men had come to the Capitol to seek pletely ‘‘white and pure,’’ she informed her history with any equanimity, even government aid during the Great Depression, readers that upon closer look, it was filled though history is replete with exam- and though the banners may have changed with graffiti, the kind that normally covered ples of recoveries from terrible disas- bathrooms and college hangouts. It was for each different group that came to pro- ters. One has only to think of Hurri- test, the general process of a protest pilgrim- quite an image that she presented; as a age was familiar. This group had come to whole, the Capitol seemed formal, pure, and cane Camille, or the Great Depression, Washington, like many, to raise awareness stately, and yet on close inspection, it was or World War II, or the San Francisco about their plight and to get the attention of partially made up of the marks of everyday earthquake, the great Chicago fire, to lawmakers within the Capitol. In his article, Americans. The guard who watched people find evidence that out of the ashes of Dos Passos took a highly cynical tone, de- daily write upon the dome merely shrugged war and devastation can come the re- scribing the dome of the Capitol that ‘‘bulges his shoulders at the practice. he saw no prob- birth of cities, communities, and smugly’’ and the Senate Chamber as a ‘‘ter- lem with the signatures, as he believed the economies. There is hope. building upon which they were writing was mite nest under glass.’’ He also suggested There is also much worth celebrating that the Capitol building itself played an ac- their property as citizens of the country. tive role in the protest, for as the men shout- The Capitol as a destination and a place as families sit down to their Thanks- ed their demands, Dos Passos claimed that for pilgrimage drew countless number of giving tables. We may be grateful that ‘‘a deep-throated echo comes back from the Americans to its step. The roads and paths of the loss of life to the hurricanes was Capitol facade a few beats later than each many different types of pilgrims led to Wash- not greater. We can all celebrate the shout. It’s as if the status and the classical- ington and to the United States Capitol. Pil- tremendous outpouring of support that revival republican ornaments in the pedi- grims to the Capitol were sometimes eager, spontaneously erupted from the hearts, ment were shouting too.’’ For Dos Passos, sometimes critical. They came to see their hands, and wallets of Americans out- leaders in action, to wander the halls, to the Capitol took on a human quality, with side the gulf coast disaster zone and the status seeming to participate in the view the places where certain events oc- march as well. The pilgrimage of protest curred, and to participate in the democratic from friends around the world who such as this ‘‘hunger march’’ was but an- process. They encountered or red about a were glad to come in their turn to our other way that the ideals embodied in the space that could become as familiar to them assistance as the United States has in Capitol, the ‘‘national shrine,’’ could be ex- as an ‘‘old comfortable home.’’ By appealing the past come to theirs. Communities pressed. to different interest, these journalists made all along the periphery opened their Underlying many of the articles that dis- the building understandable and intriguing doors to welcome refugees from the cussed the Capitol as a pilgrim’s destination to all types of readers and visitors. The storms, and volunteers flooded into the was the idea that the building belonged to Woman’s Home Companion offered advice on the American public. These articles at- how to organize a trip to Washington and the area in such force that relief organiza- tempted to relate a more human side to the best times to visit the Capitol; the Saturday tions were overwhelmed. The public re- Capitol, one that could describe the formal Evening Post wrote stores full of human in- sponse to the gulf coast disasters was white building as a familiar place. The terest, including both formal descriptions truly inspiring and heartwarming. It American public should think of the building and little-known facts. Besides the stories of proved that a core value of this Nation, as theirs. Beverly Smith suggested through- contemporary life, articles focused on the its sense of community, remains strong out her article that though the Capitol was Capitol’s interior: paintings and sculptures and vital. a shrine, it should also be thought of as ac- that celebrated great moments in the his- We can also celebrate the ability of cessible, even as ‘‘a friend.’’ She quoted a fel- tory of the United States and great leaders low journalist: ‘‘ ‘I am not one of those who past. Mentor published articles specific to its our Nation’s first responders to learn can sneer at the Capitol,’ wrote Mary readers, focusing on the art within the Cap- from their mistakes. While the plan- Clemmer Ames, a lady correspondent in itol. Through these articles, authors reached ning and response to Hurricane Katrina Washington 70 years ago. ‘Its faults, like the out to readers to make the Capitol more ac- was in most people’s estimates pretty faults of a friend, are sacred.’ ’’ Her entire ar- cessible to all. The civic space, the ‘‘shrine,’’ abysmal, the preparation for and re- ticle contrasted the Capitol as shrine with offered visitors and readers alike a glimpse sponse to Hurricane Rita was a little the Capitol as a hangout, which created a of the past, the present, and the future. Au- better. And, unfortunately for the peo- picture of the building as a national space thors invited readers to consider the building ple of Florida, they have gotten a lot of that should be a comfortable place for pil- as belonging to all Americans, and not as an grims. She declared that the building was a untouchable place. While Americans no practice in the last couple of years, and friendlier place than its image suggested, an longer participate in the ritual of signing their preparations for and response to idea that appeared in other representations their name on the dome, they still come to hurricanes is well rehearsed. There is of Washington from the time. Similarly, in experience the Capitol as countless have much we can learn from these terrible

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13316 CONGRESSIONAL RECORD — SENATE November 18, 2005 events, and hope that we take those casseroles or with marshmallows and ator SUSAN COLLINS of Maine. Today, lessons to heart. brown sugar; and pies—glorious pies Senator COLLINS cast her 2,942nd con- The brightest spot in the war in Iraq with spicy pumpkin topped with secutive vote as a Senator, breaking is the performance of our troops. Day whipped cream, and fruit pies in flaky the record of the former Senator from after dangerous day, they do their shells, topped with cheese or ice cream. Maine, Margaret Chase Smith. In doing duty. They patrol, they seek out insur- Americans know how to cook, and all this, Senator COLLINS has maintained a gents, they struggle to provide a secure the variations on our traditional perfect voting record since she was environment for the rebuilding of that Thanksgiving meal surely mean that sworn in to the Senate in January 1997. nation. Day after day, they face down this feast will never settle into routine. Senator COLLINS recently honored their own fears and travel those lethal Thanksgiving. Can there be a better Margaret Chase Smith just a few weeks roads to take the battle to the enemy. day? It starts with parades to watch for ago during a ceremony to unveil an of- However one may feel about the path the youngsters. Then the action in the ficial portrait of Senator Smith, a por- that led us to Iraq, we can feel nothing kitchen heats up, competing with foot- trait entitled ‘‘The Great Lady From but love, pride, and respect for our men ball games and the happy arrival of Maine’’ which now hangs proudly in and women in uniform. Whatever the guests for our attention with a whole the U.S. Capitol. As Senator COLLINS circumstances under which we sent array of enticing aromas and clattering said in a tribute to Senator Smith at them there, through misread intel- noises. The meal itself is wonderful, that unveiling: ligence or misleading rhetoric, the U.S. with family and friends around the For every woman serving in the Senate, military has gone, and gone again and table giving thanks and meaning it. Margaret Chase Smith blazed the path, but again, and performed their duties with And after the meal, in the warm glow she was a special inspiration to me. courage and dedication. of a full stomach, there is time for Senator COLLINS met Margaret Chase Even the scandal that now haunts companionship as the leftovers are put Smith as a senior in high school, par- the White House, and which is begin- away and the dishes are washed. The ticipating in a Senate youth conference ning to wash over the President’s clos- evenings are primed for walks in the here in Washington. She remembers est advisors, may give us cause for cool weather, or short naps, or other Senator Smith telling her to ‘‘stand celebration, and not for any partisan sports, before the leftovers make their tall for what I believed.’’ Senator COL- reasons. As Americans, we may be first reappearance. There are few days LINS continues to use this advice today thankful for living in a nation in which like this, devoted entirely to family as she chairs the Homeland Security no man is king, to rule at his own without the distraction of, say presents and Government Affairs Committee whim and to undermine his detractors at Christmas or Easter egg hunts. and working for the people of Maine. at will and without consequence. We Thanksgiving is the one time we can I know I speak for all of my col- may be thankful for our system of gov- really focus on all that we have to be leagues in the Senate when I congratu- ernment, with its checks and balances thankful for just by looking around late her on this truly remarkable ac- between the three branches of govern- that table. My wife Erma and I have so complishment. ment firmly established in our Con- much to be thankful for, and I know f stitution. And we may celebrate the that she joins me in wishing a very wisdom of guaranteeing freedom of ex- happy thanksgiving to all Americans. AFGHANISTAN pression and the existence of a free May each of you, no matter how des- Mr. MCCONNELL. Mr. President, press. perate your present circumstances may freedom continues to advance in Af- Though the wheels of government be, be blessed and see all that you have ghanistan. Of course, they are a great may sometimes grind exceedingly to be thankful for. ally in the war on terror. In fact, I re- slowly, we can be grateful that they Mr. President, I wish you a happy call visiting Afghanistan just a little still can be pushed and cajoled into Thanksgiving. I would like to close over 2 years ago with the current occu- conducting their oversight functions with a poem by Charles Frederick pant of the Chair, and we had an oppor- and asserting those checks and bal- White, written in November 1895. His tunity to see firsthand the progress ances. That is what keeps this country words serve to remind us that they had made at that time, not to strong. President Abraham Lincoln Thanksgivings past were not very dif- mention how far they have come since. said ‘‘Let the people know the truth ferent than today. A few days ago the results of that and the country is safe.’’ Whatever THOUGHTS OF THANKSGIVING country’s historic parliamentary elec- may be the final outcome of the inves- Thanksgiving Day is coming soon, tions, held in mid-September, were of- tigation into possible retribution by That long remembered day ficially certified. At the time that Sen- the White House against Ambassador When nature gives her blessed boon ator BURNS and I were there, they had Wilson and his wife for Wilson’s role in To all America. not yet had the election of the Presi- unmasking a fraud in the government’s On that glad day, in all our land, dent, not officially. They have since case for going to war in Iraq, the Na- The people, in their wake, had that election. Now they have had a tion is safer and better off for having Give thanks to God, whose mighty hand parliamentary election. Those results the means for citizens, acting through Deals blessings good and great. are now certified. A joint Afghan and their elected officials and their legal The roast goose, steaming on the plate, United Nations election commission system, to challenge possible abuses of The sweet potato cobbler, has declared the winners in races for power. The cranberry sauce, the pudding baked, 249 seats in the lower parliamentary The seasoned turkey gobbler, So even in these dark days, there is house, as well as members of 34 provin- cause for thanksgiving. I hope that the All these delights and many more, cial councils around the country. recent dip in gasoline prices will allow From north, south, west and east, Afghanistan’s continued progress to- Do all the nation keep in store families to come together, pull out the For this Thanksgiving feast. ward democracy is obviously a victory good china and set a beautiful table in the war on terror. Four years ago, Alas, for those who are denied overflowing with all the dishes that This blessed boon of God! the ruthless Taliban regime ruled Af- make this feast so memorable and so May all the needy be supplied ghanistan with an unyielding, mur- mouthwatering: turkey, roasted, Like Israel by the rod. derous intolerance, and they laid down grilled, smoked, barbequed or deep The PRESIDING OFFICER. The Sen- that country’s welcome mat to all the fried; stuffing in all its regional vari- ator from Kentucky. terrorists to ‘‘come on in.’’ I would like ations with herbs or oysters or sausage f to remind my colleagues that 4 short or cornbread; hams coated in pine- years ago Afghanistan was ruled by a apples and cloves or cured with smoke TRIBUTE TO SENATOR SUSAN regime so intolerant that as part of an or sugar; cranberries served jellied or COLLINS effort to erase any trace of Afghani- chopped, with oranges or not; green Mr. MCCONNELL. Mr. President, I stan’s history before the rise of Islam bean casserole with a crown of fried on- rise this afternoon to pay tribute to in the seventh century, the Taliban de- ions; yeast rolls or biscuits dripping one of the most effective and out- stroyed two priceless Buddhist statues. with butter or gravy; sweet potatoes in standing Members of the Senate, Sen- These statues had been carved into the

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13317 face of a cliff outside the Afghan city when the Senate has received the con- Office of Personnel Management, and of Bamiyan. These ancient wonders ference report, it then be agreed to, the Postal Service. that had endured for centuries were in- with the motion to reconsider laid I believe that given the cir- stantly turned into dust. The Taliban upon the table. cumstances and our budget allocation, was literally trying to erase history. The PRESIDING OFFICER. Without this is a good bill. We started with a But now the Taliban itself is history. objection, it is so ordered. budget that was severely underfunded America’s quick defeat of the (The conference report is printed in in many of the important programs in Taliban, the rescue of the Afghan peo- the House proceedings of the RECORD of the bill. These are programs which his- ple out from under their wicked thumb today, November 18, 2005.) torically have been strongly supported and the quick transformation of Af- Mr. BOND. Mr. President, I thank all by Members of this body. Thankfully, ghanistan into a burgeoning democracy or our colleagues. This has been a long in most cases we have been able to re- in just 4 years is nothing short of and interesting path that we have trod. store many of the cuts and shortfalls, amazing. Today I stand in support of the perhaps not as much as some Members Today, a democratically elected par- Transportation, Treasury, HUD, Judi- would want and certainly some areas liament and a democratically elected, ciary, and Independent Agencies fiscal not as much as I want. But I think all President Hamid Karzai, are charting a year 2006 appropriations bill. This bill Members will understand and appre- new course for their country. I am also includes the District of Columbia ciate our efforts to fund the programs proud to say that a new day has fiscal year 2006 appropriations act. Be- and activities that enjoy the greatest dawned in Afghanistan. Where there fore getting into the details of the bill, support. was repression, now there is liberty. I thank Chairman KNOLLENBERG and I wish to express a very special For instance, reports indicate that 68 his ranking member, Mr. OLVER, on the thanks to our chairman, Senator COCH- of the new legislators are women. Four House side. Particularly, I express my RAN, who demonstrated his under- years ago little girls weren’t allowed to sincere appreciation to my ranking standing and sensitivity to the needs of go to school, and women had no rights member, Senator MURRAY, for her hard the Transportation-Treasury Appro- whatsoever. Four years ago women work, thoughtful and bipartisan ap- priations Subcommittee. were second-class citizens, blocked proach to crafting a good bill, and her While we received significantly less from jobs and educational opportuni- unwavering commitment to getting the budget authority for the conference, ties by the Taliban. These 68 women bill done on an expedited schedule as without Chairman COCHRAN’s help the legislators make up over a quarter of mandated by the leadership. As all who House would have demanded a much their chamber. That is significantly follow this place know, we have had harsher and unrealistic reduction in higher than the proportion of women in some bumps on the road over the last our allocation, with the results we saw our Congress in the United States. several days which forced both House that happened in regard to the Labor- Afghanistan will continue to make and Senate staff to work throughout a HHS fiscal year 2006 funding bill yes- progress toward freedom and democ- number of nights this week while com- terday in the House. racy. The provincial councils are now pleting a blitzkrieg schedule in order In particular, despite our fiscal limi- in the process of selecting 68 members for us to be able to vote on this meas- tations, we have worked diligently to of the House of Elders, which is the ure today. Despite these bumps, we ensure the transportation programs in upper parliamentary house. Those se- have completed our work, and I com- this bill are adequately funded. One of lections will be completed soon. Then pliment Congressman KNOLLENBERG on my highest priorities in fashioning this with President Karzai’s selection of an his commitment and perseverance to bill was to provide the needed funding additional 34 members to the upper work with me to overcome these prob- for the safety, construction, and main- house, the full Afghan Parliament is lems. tenance of our highways, transit sys- scheduled to convene for the first time I do express my sincerest gratitude tems, and airports. Funding for our Na- in the third week of December. and thanks to our excellent staffs; on tion’s transportation infrastructure, I ask my colleagues to join me in sa- the Senate side, on the subcommittee, and especially for our highways and luting the people of Afghanistan as on my side, Jon Kamarck, Paul road network, creates jobs and pro- they move forward toward freedom and Doerrer, Cheh Kim, Lula Edwards, Josh motes economic growth. More impor- democracy. I ask all of us to join in Manley, and Matt McCardle; on Sen- tantly, it continues the continued pledging the full support of the United ator MURRAY’s side, Peter Rogoff, Kate maintenance and growth of our eco- States as the people of Afghanistan Hallahan, William Simpson, Diana nomic infrastructure by which we serve continue to fight the last vestiges of an Hamilton, and Meaghan McCarthy. markets throughout the Nation and ul- extreme terrorist element, and as they Obviously, we extend our thanks as timately the world. The transportation continue to stand with the grand coali- well to the House side staffers. system is the heart and arteries by tion of free nations who are waging the Now, Mr. President, the staff had to which we pump our goods and products war on terror. work extremely hard, in a bipartisan which guarantee our current and fu- I yield the floor. manner, to make our recommendations ture prosperity in the national and The PRESIDING OFFICER. The Sen- and instructions a reality. This is not a international marketplace, and we can- ator from Missouri. simple bill. Yet it is likely a Rube not afford to shortchange this system. f Goldberg machine with many complex We also removed the designation on moving parts. the Alaskan bridges. The funds remain TRANSPORTATION, TREASURY, This bill is the first real appropria- with Alaska to meet their priority HOUSING AND URBAN DEVELOP- tions product of a new subcommittee needs. These bridges were grabbing un- MENT, THE JUDICIARY, THE DIS- that grew out of the reorganization of reasonable and unwarranted attention TRICT OF COLUMBIA, AND INDE- the Senate Appropriations Committee which was beginning, in many ways, to PENDENT AGENCIES APPROPRIA- earlier this year. It is a substantial and undermine the very good work and the TIONS ACT, 2006—CONFERENCE complex bill that will have a signifi- very necessary projects in this highway REPORT cant and positive impact on every bill. Mr. BOND. Mr. President, I ask unan- State and community in the Nation as In addition, this bill provides $14.4 imous consent that the Senate proceed it covers, among other things, every billion for the Federal Aviation Admin- to 1 hour of debate in relation to the mode of transportation, financial serv- istration, which is approximately $400 conference report to accompany H.R. ices, and IRS requirements as guided million more than the request. This 3058, the Transportation-Treasury-HUD by the Department of Treasury; it recommendation includes $14.3 million bill; provided further that Senator funds the Federal Government’s role in to hire safety inspectors and restore in- COBURN be in control of up to 30 min- housing and economic role under HUD; spector staffing levels on an acceler- utes of debate; I further ask consent it funds the Executive Office of the ated basis. It also adds $4 million to re- that the two managers have up to 15 President, Federal judicial system, and store engineering and inspector staff- minutes each and that following the funds other related agencies such as ing at the Office of Certification so use or yielding back of the time, and the General Services Administration, that new equipment and technologies

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13318 CONGRESSIONAL RECORD — SENATE November 18, 2005 can be approved for use in aviation and support for the strong State-Federal ernization Program. This program is our Nation can retain its leadership in partnership which had been included in correctly IRS’s highest management aviation. I am pleased also to announce the highway bill to ensure effective and administrative priority. that the bill does not cut the Airport Federal-State cooperation. For the Federal judiciary, the bill in- Improvement Program, as proposed in Where we and some of our colleagues cludes a total appropriation of $5.7 bil- the budget request. part company is on the scope and the lion, a 6-percent increase over the pre- I am also happy to report we have venue. I strongly believe that Federal vious year, and this represents the been able to fund Amtrak at $1.315 bil- law should be enforced in Federal funding necessary to meet the judici- lion, while making some incremental court, and thus the key provisions in ary fiscal year 2006 funding needs. steps to reforming how Amtrak con- the conference report will ensure that For HUD, the bill provides some $38.2 ducts its business. These reforms are that will occur. There will be Federal billion for fiscal year 2006, an increase critical, and it is my hope that these enforcement on the major interstate of $2.1 billion over the request. These improvements will move to jump-start activities. State law violations will additional funds include almost $4.22 the efforts of Senator LOTT, Senator continue to be enforced in State court. billion for the Community Develop- STEVENS, and others to pass a truly Federal law violations will continue to ment Fund and CDBG, which was slat- comprehensive reform package. be enforced in Federal court. ed for elimination through a reduction Mr. President, I was troubled by the In order to ensure that the States of over 30 percent of its funding and a administration’s demand of Amtrak re- target those typical rogue movers who consolidation of its activities along form with a budget request of $360 mil- seem to be too small for U.S. attorneys with other programs into a new grant lion. A $360 million-a-year appropria- and thus are slipping through the program within the Department of tion would likely jolt Amtrak directly cracks, the language makes clear that Commerce. into bankruptcy, a costly financial and the responsibilities of the State agen- The bill also increased the Senate- emotional blow to the Nation and send cies are focused on what carriers they proposed rescission of ‘‘excess’’ section Amtrak into chaos. Many Members, in- have jurisdiction over. Namely, these 8 funds from $1.5 billion to $2.05 billion. cluding the occupant of the chair, our are the highest risk, fly-by-night car- After further review of the account, we distinguished Senator from West Vir- riers or carriers who meet one or more firmly believe we have identified a one- ginia, and Members throughout the of the following: The carrier is unregis- time savings from section 8 that al- Senate asked us to take strong action tered; or the license of the carrier or lowed us to increase the rescission to to avoid that problem. Thankfully, we broker has been revoked for safety or $2.05 billion. were able to scrape enough funds to- lack of insurance; three, the carrier is In addition, I am happy to report we gether to ensure the continued exist- unrated or received a conditional or have adequately funded HUD programs ence of Amtrak, although it meant a unsatisfactory safety rating by DOT; at a minimum of last year’s level number of other programs were under- or the carrier has been licensed for less which is generally higher than the re- funded, and when we received finally than 5 years. quest. the recommended reforms at Amtrak This then accomplishes all the goals The bill basically funds the Execu- from the administration, we were able we have been discussing—tougher Fed- tive Office of the President at the re- to include them. eral law, additional consumer protec- quested level. We have fully funded the Mr. President, I also should touch on tions, State attorneys general and High Intensity Drug Program at $127 another issue in the conference report, other State agencies have been granted million; whereas, the budget would and that is the ongoing efforts to im- the authority to be a cop on the beat to have funded it at 100 million in the De- prove protection consumers have from help enforce the Federal law. Their tar- partment of Justice. This is a critically being preyed upon by rogue household gets are the fly-by-night rogues and important program that has been suc- movers. I think we all know they are a their venue is the Federal court and cessful throughout the Nation at help- small group of fly-by-night companies they are being asked to help enforce ing to root out and eradicate meth- that purport to pack and transport Federal law. amphetamine production, marijuana, family household possessions and then Now, Mr. President, moving on to and ecstasy use, as well as heroin and stealing them and holding them hos- some of the other areas in the bill, for cocaine importation. This program has tage for exorbitant fees or make unrea- the Department of the Treasury, this been especially important in Missouri, sonable demands. This could be a dev- bill provides $11.7 billion for 2006. This where methamphetamine production astating blow. amount is about $50 million above the and use have reached almost epidemic In this past year’s highway bill, addi- budget request and some $475 million proportions. tional requirements on movers were in- above the fiscal year 2005 enacted level. Mr. President, as I prepare to close, I cluded, along with new provisions We think it is very important to pro- wish to express my sincerest thanks to granting State officials, particularly vide resources for Treasury’s efforts to the ranking member of the full com- attorneys general, new authority to fight the war on terrorism, and we pro- mittee who has been a great friend and help police the Federal law. Part of the vided full funding for the Treasury’s mentor of mine and who has helped problem has been the lack of the Fed- Office of Terrorism and Financial in- Senator MURRAY and me as we have eral enforcement. The Federal agency, telligence. I know how important the worked through this by gaining the the Federal Motor Carrier Safety Ad- Treasury’s Antiterrorism efforts are, necessary funds. ministration, has not had sufficient re- and I strongly believe they play a vital I also thank—I feel his presence im- sources, and the U.S. attorneys, with and unique role in cutting off financial mediately behind me—the chairman the notable exceptions of the Miami assistance to terrorist organizations. emeritus of the Appropriations Com- and New York-New Jersey agencies, Next, to help close the so-called tax mittee whose birthday we celebrate, have also not made these crimes a pri- gap, where those people who pay taxes with very best wishes and, fortunately, ority; thus, the ideas of expanding cops as they should voluntarily have to no songs on the Senate floor. He has on the beat by giving authority to carry a heavy burden for the small per- been of great assistance to us. State agencies and, thus, my work to centage who do not, we have provided I must say, one of my last thank make sure that while we expanded re- $10.7 billion for the IRS, including $6.9 yous is to my chief of staff, Julie sponsibilities, we did so in a reasonable billion for tax enforcement. This Dammann, who has served me since I and consistent way. amount is $443 million above the fiscal arrived in this body. I was going to say First, we provided additional re- year 2005 enacted level. These addi- in 1897 but it was 1987. She has been sources to the Federal Motor Carrier tional funds will help ensure there will with me for these years and has be- Safety Administration to help them do be less fraud and that honest taxpayers come very well known and respected. their job better. We restored $1 million will have a greater level of confidence This will be her last bill and, as on all to the Education and Outreach Pro- in our tax system. the other bills, not only was the appro- gram in order to help them train State We also have provided full funding priations staff working day and night, officials as to how to look and find the for IRS’s modernization efforts but we were communicating by Black- risky carriers. We also reiterated our through their Business Systems Mod- Berry in the middle of the night. She

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13319 was working on the details with the ap- tion I authored as part of the recently (8) would materially alleviate rail capacity propriations staff and others. She was enacted Transportation reauthoriza- problems which degrade provision of service communicating with Senators’ offices. tion bill. My amendment was improved to shippers and fulfill a need in the national rail system. We only came to the floor today be- and incorporated in large part through cause she had worked with other Sen- work with Senator LOTT, who chairs The national ‘‘need’’ criteria of the legislation was written specifically ate offices, as Senator MURRAY and her the Senate Commerce Committee’s staff had, to clear away objections Surface Transportation and Merchant with this nationally articulated energy which might be raised. Marine Subcommittee. I believe the policy ‘‘need’’ in mind. The new RRIF legislation also re- So it is with great thanks that I note changes that Senator LOTT and I made, quires the Secretary to prioritize the contributions to this, her last ap- both during Senate consideration as projects that: propriations bill, of Julie Dammann well as conference deliberations, will have a major positive impact on my (7) enhance service and capacity in the na- and wish her all the best. tional rail system. I also note that my partner, the Sen- State’s rail infrastructure needs and I Mr. President, as the National En- ator from Washington, Mrs. MURRAY, think significantly alleviate some of ergy Policy clearly notes, there is an has been working extremely hard on our Nation’s rail infrastructure prob- overwhelming rail capacity problem in this. She helped clear the way of the lems. Wyoming’s PRB. The Powder River remaining problems. I cannot think of Much of the language that ended up Basin corridor is one of the most heav- how she could have been more helpful in the final Railroad Rehabilitation ily traveled rail corridors in the world. or more productive in this effort. Improvement Financing—or RRIF— Over 400 million tons of coal per year The PRESIDING OFFICER. The Sen- program originated from past legisla- are shipped out, virtually all of it by ator has used 15 minutes. tion that Representative DON YOUNG rail. That number is expected to exceed Mr. BOND. I thank the Chair. I yield introduced. Building on Representative 500 million tons soon, and to grow be- the floor. YOUNG’s bill language, Senator LOTT yond that if capacity allows. It is Mrs. MURRAY. Mr. President, I am and I made a number of changes to therefore clear that, if completed, this pleased to join my colleague, Senator that legislation, but it provided a very 1,300–mile project in the West and Mid- BOND, in supporting the conference re- solid foundation upon which to build. west would have a material impact on port on the Transportation, Treasury, The South Dakota project itself actu- rail capacity in this region and Housing and Urban Development, the ally involves a major national initia- tive to build a second rail line into the throughout the country. Judiciary and Independent Agencies We also have a critical rail capacity Appropriations for fiscal year 2006. capacity-strapped Powder River Basin, PRB, of Wyoming. The Dakota, Min- problem throughout the entire United This bill is the product of many States. What happens in the PRB pro- hours of hard work since the Senate nesota & Eastern Railroad DM&E, an- nounced this project in 1997 and filed foundly affects capacity elsewhere. It passed the bill on October 20. First, I also affects the movement of grain and want to express my sincere gratitude an application with the Surface Trans- portation Board, STB, in February 1998 industrial commodities and general for the cooperative spirit that my col- merchandise intermodal traffic. When league, Chairman BOND, along with our to obtain regulatory approval. That process will be concluded in the near this incredible flow of coal traffic in- House colleagues, Chairman KNOLLEN- creasingly merges with all this other BERG and Congressman OLVER, brought future, which I hope will allow the DM&E railroad to apply for a RRIF rail traffic as it continues its flow east- to bear during our conference negotia- ward, it has a big impact. First and tions. loan to finance construction of the project. foremost, immediate and obvious traf- I am pleased to say that the con- fic congestion occurs the further ference agreement, like the Senate- This project is strongly supported by virtually all of South Dakota’s existing ‘‘downstream’’ into the traffic flow you passed bill, restores many of the more go. The train of merchandise goods punitive cuts that were included in the rail shippers and by the agriculture and economic development organiza- making its way from the west coast to President’s budget for transportation, Chicago has to pull off to the siding to housing and drug law enforcement. tions throughout the State. It is also supported by the vast majority of com- allow another train to pass. Or less ob- We have funded airport grants at vious, perhaps because of a crew or lo- $3.55 billion rather than accept the munities served. And at the press events I participated in earlier this comotive power shortage, the railroad President’s proposal to cut this pro- will have to dedicate limited and lo- gram by half a billion dollars. month—as noted in the Rapid City Jour- nal article that I will later ask to be cally available resources to one train While the President sought to move over the other. This has a cascading ef- made part of the RECORD—even many the Community Development Block fect because it makes it hard to re- Grant program to another department of the landowners directly affected by the construction support it. I have sup- cover when too many of your sidings and cut it by more than a third, this are being used to park trains instead of ported this project since it was first bill restores most, but not all of the being used for a quick meeting point so announced in 1997, when I was serving annual funding for CDBG. they can pass in the opposite direction. While the President’s budget effec- in the House of Representatives, and A less obvious problem is the drain tively zeroed out Amtrak and proposed have supported the project ever since on resources from other regions to ac- to eliminate rail service in our coun- in both the public and private sectors. commodate spot problems. Right now, try, this conference agreement pro- It is incredibly important to the future for example, we are seeing a rail capac- vides Amtrak with a $100 million in- of my State. ity shortage across the board. In addi- But on a national scale, it is also ex- crease and includes many of the re- tion to the long haul traffic that is tremely important to our country’s en- forms that were agreed to and included mixed into these heavy haul coal lines, tire capacity-constrained rail system the bill reported by the Senate com- areas of the country that never come mittee. and to our national energy policy in into direct physical contact with these This is a good bill that addresses particular. lines are affected by their congestion Our national energy policy specifi- many of the urgent needs facing our problems. When those lines ‘‘bottle up’’ cally states that: country. It includes critical invest- as they are doing now, it takes more ments in our Nation’s transportation [d]emand for clean coal from Wyoming’s locomotive power and more people to Powder River Basin is expected to increase infrastructure and provides much need- because of its environmental benefits. How- move trains. So resources are shifted. ed housing assistance to our most vul- ever, rail capacity problems in the Powder For example, we have dozens of loaded nerable. River Basin have created a bottleneck in the grain trains standing today with no Mr. THUNE. Mr. President, I re- coal transportation system . . . There is a power to move them. Grain orders are cently announced a major railroad ini- need to eliminate bottlenecks in the coal a month or more behind in my State tiative in three different cities in my transportation system. and throughout the Midwest today. Lo- home State of South Dakota—Sioux The new RRIF legislation requires comotive power and other resources Falls, Huron, and Rapid City. This par- the Secretary to prioritize projects are being diverted to the PRB and else- ticular project is the result of legisla- that: where to address problems there, and

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13320 CONGRESSIONAL RECORD — SENATE November 18, 2005 our farmers are suffering as a result. Going on to other aspects of the new tion is that FRA will undertake best The same can be said for virtually RRIF program, perhaps the most sig- efforts to keep these fees to a min- every traffic commodity out there nificant change we made was in regard imum. The point here is to help expe- today—including coal and general mer- to the valuation and treatment of col- dite the process and give FRA a little chandise traffic. lateral. This legislation requires the more flexibility to get the job done With the completion of this new rail Secretary to use the more realistic quicker. The former RRIF Program line to serve a heavy traffic area, it ‘‘going concern’’ valuation instead of was notorious for the amount of time will relieve pressure on one of the big- ‘‘net liquidation’’ value the Secretary it took to process. There was a particu- gest problem spots, which in turn re- has used in the past in relation to col- larly bad history there, which I think lieves pressure on the system through- lateral. This is important because col- the FRA has already improved substan- out the country. This project will not lateral value is a critical component of tially. This, hopefully, will give them only add more physical track to our the credit risk premium calculation. the tools they need to take the next system and greatly improve existing This language is intended to ensure step. track, it will also result in more loco- that the Secretary applies a ‘‘going The $35 billion authorization level motives and equipment and people. concern,’’ or market value, to the col- was in Representative YOUNG’s original Across the board, this project will re- lateral when determining whether and legislation, as was the provision that lieve pressure on the rail system from to what extent a credit risk premium is prohibited the Secretary from limiting northeast corridor to the southwest required. In short, the question be- the size of a single loan, and the 90-day reaches of the United States. comes, what could the government rea- review period. Those were important In a very basic sense, the national sonably expect to get for the value of provisions that we wanted to retain be- railroad system is well beyond its ca- the collateral if it were sold as a ‘going cause they all go to this concept of en- pacity today. There is not a railroad in concern’ business? In the past, the Sec- couraging major new rail infrastruc- this country that is not backed up on retary has used a ‘‘net liquidation’’ or ture investment in this country, and I its orders. We have more traffic to ‘‘scrap’’ valuation approach. But in the appreciate the efforts by the Senator move than the system can handle. And, real world if we are facing a default sit- from Mississippi and his staff to retain adding to that, the U.S. Department of uation under the RRIF Program, the them and add my language to them. Transportation projects that railroad Secretary is not going to ‘‘scrap’’ the In closing, the original RRIF Pro- freight traffic demand generally will collateral. He is going to sell it for its gram got off to a very slow start, rise 55 percent by the year 2020. We highest and best use value. So that is owing in large part I think to a certain need to add capacity. That requires the way it should be valued when con- degree of resistance from OMB. I am major investments of the kind envi- sidering collateral during the applica- very hopeful that everyone recognizes sioned in our new RRIF legislation. tion process. This is consistent with this effort as a good faith attempt by The changes made to that program private sector lending practices. It pro- Congress to send a clear message that did more than authorize the amount vides protection for the Government, we are trying to encourage major rail that can be loaned. The improvements and also encourages greater rail infra- infrastructure investment in the were specifically tailored to encourage structure investment by avoiding arti- United States rather than think up large-scale investment of the type en- ficial credit risk premium payments reasons to not do it. This is a program visioned by the DM&E project. After when they are not necessary. It also re- that is very much in the national in- all, a large-scale investment is needed quires the Secretary to take into con- terest. As former director of the South if we want to have a material impact sideration what the value will be after Dakota Rail Division, I believe strong- on the national capacity problem. For giving effect to the improvements that ly in the importance of and urgent that reason, I think this project is will be made with the loan. That of need for major rail infrastructure in- critically important to the country. I course will be discounted based on the vestment in this country. I think most hope others will follow suit and develop overall cost of capital for the project. Members of Congress feel the same projects that are national in scope. Along those same lines, another fea- way, and I hope our colleagues in the Nothing is more important to our na- ture that was added to the original administration receive this message tional rail system in my view than this Young RRIF language was to provide and will support our recent action to basic need for capacity. for the loan repayment schedule ‘‘to strengthen the RRIF Program. I hope On a related issue, the rail industry commence not later than the sixth an- they will now join in the effort to has gone through a massive consolida- niversary date of the original loan dis- make RRIF a strong engine for rail in- tion on a national scale. Thousands of bursement.’’ The intent was that this frastructure investment as was origi- miles have been torn up in recent dec- discretion should be used for those nally intended and as we directed in ades and are never to be recovered. large-scale projects that require sev- the recently enacted legislation. This has certainly increased efficiency eral years of construction before reve- Mr. President, I ask unanimous con- on single line segments up to this nues are generated and where the rev- sent that articles describing the pro- point. But in the process, at least from enue ‘‘ramp up’’ may be gradual. This posed rail project—which appeared in a national rail system perspective, we is a pretty standard feature in large the November 6, 2005 editions of the have lost important redundancy in the private sector loans, but under the Sioux Falls Argus Leader, and the system. If we have a problem in one former law the Secretary did not have Huron Daily Plainsman, and the Rapid area, it quickly ripples through the any flexibility to do that. Under the City Journal—be printed in the rest of the country because of traffic new law, interest would accrue and RECORD. backups that have nowhere else to go. compound during this period. It was There being no objection, the mate- We need more pressure relief valves, primarily my intent to provide a rea- rial was ordered to be printed in the and more alternatives that allow the sonable breathing period so that a solid RECORD, as follows: national system a little more flexi- revenue flow would be established be- bility to recover from spot problems. fore payments would be required. [From the Argus Leader, Nov. 6, 2005] We have seen melt down after melt Senator LOTT and I also added a pro- IN DM&E, BACKERS SEE JOBS, PROSPERITY down in the national rail system. That vision to the RRIF improvements to (By Peter Harriman) problem is never going to get better allow the Secretary to charge, and for Rail boss Kevin Schieffer and Sen. John unless we have some alternative emer- the FRA to collect and retain, a fee to Thune toured South Dakota on Saturday an- gency routings developed. The DM&E evaluate loans. This provision was in- nouncing a plan to seek a $2.5 billion federal project will also be of great help in pro- cluded because we want the process to loan to reconstruct 1,300 miles of line in viding a fairly dramatic pressure relief be efficient, and not be a drain on the three states and reach Wyoming’s Powder valve for this critical part of the na- government. The best solution was to River Basin coal fields. The reaction in their wake ranged from the tional rail system. So on many levels, allow the Secretary to hire help and dogged determination of opponents to con- from a national rail system perspec- charge the cost to the applicant. It is tinue fighting the scheme to the ecstatic em- tive, this project reaches well beyond hoped that this will make it easier to brace of shippers and communities that fore- its immediate track geography. expedite these loans, and the expecta- see an economic development bonanza.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13321 ‘‘This is huge for us, huge for us,’’ said Lisa castle, Wyo. She is a member of the Mid Clauson, a South Dakota Sierra Club dele- Richardson, executive director of the South States Coalition for Progress that sued the gate in Rapid City. ‘‘The final EIS is due out Dakota Corn Utilization Council and South Surface Transportation Board over its deci- this fall. There’s an appeal period on that Dakota Corn Growers Association. sion to allow the DM&E expansion. The We’re going to probably appeal it.’’ Having clearance to seek the loan is a DM&E applied for the permit in 1998. Schieffer said he hoped to complete the quantum leap for the Dakota, Minnesota and ‘‘Schieffer had seven years to get financing loan application this year or early next and Eastern Railroad and Schieffer, its chief ex- in a vibrant economy from an industry with have a decision from the rail administration ecutive officer. Yet it’s seen as a smaller a lot of money floating around, and basically on the loan by next spring. That would let piece of a bigger puzzle. At a Sioux Falls nobody was willing to invest in it,’’ Darnell construction begin next year. news conference Saturday, Schieffer devel- said. Even as they laid out a future for South oped that theme. ‘‘Private industry was not willing to put Dakota as an El Dorado of economic develop- ‘‘The end game is not building a railroad,’’ any money into it. Nothing but stupid ment spinning off the DM&E’s ambitious he said. ‘‘The railroad is the means to an money would put money into the DM&E, and project, Thune and Schieffer acknowledged end.’’ the federal government tends to be incred- the ongoing controversies and promised to The project would create 3,000 construction ibly stupid. That’s why it’s the financing of resolve them. jobs over three years and permanently em- last resort,’’ she said. ‘‘Rebuilding the rail- ‘‘Those are legitimate concerns. This is a ploy 2,000 new DM&E workers and create as road in South Dakota for hauling grain, that small state. We’re neighbors,’’ Schieffer said. many new jobs for contractors working for might have been something different. But to ’We need to work these things out, and we the railroad. build the PRB project and expect to haul will.’’ But Schieffer said: ‘‘The direct jobs here coal is totally stupid.’’ Thune said of the project: ‘‘Yes, it’s great are the tip of the iceberg. The real action is On Saturday, Thune and Schieffer said the for South Dakota. But it is not unanimously in the economic development.’’ Powder River Basin project would address a supported. There is some work to do, there Schieffer said the railroad’s presence al- are some issues to address.’’ ready has attracted new businesses. The transportation bottleneck identified in the 2001 U.S. energy plan. The plan states there Issues indeed. Fred Seymour lives on DM&E’s presence in Brookings brought Derdall Drive near the DM&E tracks in Rainbow Play Stations and 500 jobs to that is not enough rail capacity to move Wyo- ming coal to power plants farther east at the Brookings. community. If the railroad can transform ‘‘Nobody has a keener idea of the situation rate it is needed. Because it deals with that itself into the nation’s newest, most techno- than me. I expect if the railroad comes need, the DM&E’s $2.5 billion loan request to logically advanced Class I carrier, ‘‘I see doz- through town you will see property values the Federal Railroad Administration’s Rail- ens and dozens if not hundreds of Rainbow drop by 40 percent,’’ he said. Seymour was road Rehabilitation and Improvement Fi- Play Stations springing up along the line,’’ one of the earliest to call for the railroad to nancing Program would be given high pri- he said. bypass Brookings with its coal trains. But as ority, Thune and Schieffer said. $286.4M PROJECTED IN REVENUE FIRST YEAR This will not stop the Mid State’s Coali- the project has dragged on, the momentum With a $2.5 billion capital investment, the tion from trying to block the loan, Darnell of opposition has slowed, he said. DM&E will create for itself a railroad with ‘‘In my view, the people who opposed the promised. railroad have gotten older and gotten metaphors at both ends of the line. In re- ‘‘We’ll certainly look into it. That will be crankier and have perhaps not promoted counting the railroad’s history, Schieffer a stone that will not be left unturned,’’ she their own interests too well,’’ he said. He an- said the DM&E’s acquisition of a sister line said. several years ago gave it an eastern ter- ticipates within a month Brookings will re- minus at railroading’s Rome. ‘‘For railroads, LAWSUITS, OTHER BARRIERS COULD DELAY solve its differences with the DM&E, and Chicago is Rome. All roads lead there,’’ he START from his vantage near the tracks he predicts said. The news the DM&E might have broken with what sounds like cynical satisfaction ‘‘I He also called the Powder River Basin coal the longstanding logjam on project funding would expect the DM&E is coming right fields ‘‘the Holy Grail’’ of railroading. left some opponents scrambling. Raymond through here.’’ Pursuit of the Holy Grail has kept the Schmitz is the attorney for Minnesota’s Opponents did not rule the day as Schieffer DM&E project wrapped in controversy. The Olmstead County. The county, city of Roch- and Thune made their way to news con- goal of expanding to Wyoming is to let the ester and the Mayo Clinic there all have op- ferences in Sioux Falls, Huron and Rapid DM&E grow beyond its status as the coun- posed the DM&E’s effort to haul coal City. try’s largest Class II regional carrier and through Rochester. POTENTIAL WINDFALL FOR ETHANOL AND join the Union Pacific and BNSF railroads in ‘‘It is my understanding the city and Mayo FARMERS hauling vast quantities of low sulfur coal to Clinic will be taking whatever steps they can News that the DM&E project has taken a power plants in the Midwest and East. North to continue their opposition,’’ Schmitz said long step toward becoming real also was America has seven Class I railroads, based on Saturday. ‘‘Whether the county board elects widely praised Saturday. Schieffer said the annual revenue of $200 million. When the to do anything actively at this point is a de- railroad will build an operations center in project is complete ‘‘absolutely and imme- cision they have to make. The county’s posi- Huron, which has struggled to attract new diately we will become the first Class I that tion to this all along has been the impact of business. Huron lawyer Ron Volesky said has built itself into a Class I since the class- this on the county was way out of proportion Friday he is seeking the Democratic nomina- es were established,’’ Schieffer said. In ask- to any benefit the county might realize.’’ tion for governor, and he hailed the DM&E ing the federal Surface Transportation Board Schieffer praised Thune for including in announcement that it has potential financ- for a permit to become the third carrier into the 2005 federal transportation bill provi- ing for the Powder River Basin project. the Wyoming fields, the DM&E projects coal sions that make it possible for the DM&E to ‘‘That is terrific news for Huron,’’ he said. hauling revenue of $286.4 million in the first get a federal loan for its reconstruction and ‘‘I have always been a big supporter of the year alone. expansion. expansion project, and I am very pleased to CRITICS OBSERVE ABSENCE OF PRIVATE ‘‘Obviously, at this point, we don’t know see these positive developments come INVESTMENT what that legislation says,’’ Schmitz ac- about.’’ But spirited opposition has formed in knowledged. ‘‘It was carefully buried in the At the same time, Volesky said, as gov- places such as Brookings and Pierre, along transportation bill. Whether there is a vehi- ernor he would try to broker compromise be- with Rochester in southeastern Minnesota. cle to raise the issue is something that is tween the DM&E and its opponents. ‘‘The Critics there don’t want to see mile-long coal going to have to be explored.’’ governor has responsibility as the political trains traveling through their towns. Some When the Surface Transportation Board leader of the state to help where he can to landowners in West River South Dakota and approved the DM&E project in 2002, the Mid bring about as much consensus as possible,’’ in Wyoming don’t want 280 miles of new rail States Coalition sued the STB, claiming its he said. bisecting their ranches. Other criticism rises decision was flawed. The U.S. 8th Circuit Gov. Mike Rounds could not be reached for from the Oglala Sioux Tribe that worries rail Court ruled the STB decision was essentially comment Saturday. But he endorsed the construction will threaten culturally sen- sound. The court did, however, require the DM&E project Friday and said: ‘‘I will con- sitive sites. board to further analyze the environmental tinue to work with the DM&E to help make Environmentalists fear noise and air pollu- effects of rail vibration and horn noise, and this proposal a reality and address out- tion from the coal trains and additional air of potential increased coal consumption, be- standing concerns at the state level.’’ pollution in the East from the increased use fore drafting a final environmental impact The state’s burgeoning ethanol industry of coal to generate electricity. statement and issuing a final decision of ap- has almost swamped its existing rail facili- The announcement that the DM&E is seek- proval. That review is ongoing. It might ties, which lends urgency to a DM&E expan- ing the huge federal loan that it thinks it is allow opponents to at least slow the rail- sion, according to Ron Lamberty, vice presi- uniquely qualified to get didn’t weaken the road’s progress toward securing a loan, since dent for market development for the Amer- resolve of prominent longtime opponents nor regulatory issues must be resolved before the ican Coalition for Ethanol. prompt them to view the project more kind- Federal Railroad Administration can con- ‘‘What we had was not built for this,’’ he ly. sider a DM&E loan application. said. A project such as the DM&E’s ‘‘is prob- ‘‘It doesn’t change the fact that’s not a ‘‘I don’t see where they can do anything ably something that’s a necessity in the long viable coal line,’’ said Nancy Darnell of New- until they finish that EIS process,’’ said Sam term,’’ he said.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13322 CONGRESSIONAL RECORD — SENATE November 18, 2005 Richardson of the corn growers association Thune called the project ‘‘hands-down the Schieffer hosted in the state will keep the peers toward the horizon Lamberty identi- biggest single investment ever made in project on track. fied and sees an even brighter future. A re- South Dakota. ‘‘ ‘‘There’s a lot of incentive to keep this built DM&E will aggressively compete with The Federal Railroad Administration has thing going, but just remembering pictures the state’s dominant commodity carrier, the 90 days to decide whether to approve the like this provides more incentive than I can Burlington Northern Santa Fe, and will re- loan after the application is filed. The ever convey to you,’’ Schieffer said. sult in lower shipping rates for farmers, she project would likely take about three years Throughout seven years of ups and downs, said. to build, Schieffer said. ‘‘Huron has been a steady rock of support,’’ And there is this: ‘‘I was visiting with he said. some people in the ethanol industry who said [From the Huron Daily Plainsman, Nov. 6, Thune’s background and knowledge of rail- we will see coal-fired plants in the next 18 2005] road issues put him in a unique position to months,’’ Richardson said. At some point, COMMITTED TO HURON understand DM&E’s needs. He served as Wyoming coal hauled by the DM&E could (By Roger Larsen) South Dakota Railroad Authority director provide the energy to distill ethanol from and worked on railroad issues while on They came to hear when seven long years South Dakota corn at new ethanol plants former Sen. Jim Abdnor’s staff. of waiting for the start of a project unprece- built here, she suggested. Thune has also been on board since the dented in state history in terms of scope and ‘‘It’s huge. Huge,’’ Richardson said of the early days, Schieffer said. ‘‘It’s easy for him jobcreating significance would be over. and it’s easy for me to stand in front of this DM&E’s improved prospects for securing Dakota, Minnesota & Eastern Railroad crowd today because there’s such enthusi- money for its Powder River Basin project. President Kevin Schieffer couldn’t specifi- astic support for it,’’ he said. ‘‘Seven years ‘‘We really hope it happens.’’ cally say when the first spike in the $2.5 bil- ago, that man stood in front of a crowd lion expansion and reconstruction project [From the Rapid City Journal, Nov. 6, 2005] about this big, but most of them were angry will be driven into the ground. landowners who were opposed to the DM&E LOAN COULD HELP S.D. ECONOMY But he could tell them something nearly as project,’’ Schieffer said. (By Jan Kaus) promising. He said Thune listened to them, RAPID CITY.—If a $2.5 billion federal loan ‘‘We feel very good about where things are right now,’’ Schieffer told a Huron crowd es- empathized with them and pledged to make request by the Dakota, Minnesota & Eastern sure the DM&E acted responsibly. But he Railroad is approved, construction on South timated at 250 on Saturday. And for the first time since the project to also told them they must understand the Dakota’s largest railroad project could begin project is too important to the state not to as early as next year, according to DM&E access the Powder River Basin coal fields in eastern Wyoming was proposed in 1998 there be built. president Kevin Schieffer. ‘‘That took courage and some leadership. That announcement came in a news con- is also this: Thanks to a change in the law that now al- That’s the kind of thing that’s always been ference Saturday at Rushmore Plaza Holiday lows the DM&E to seek the $2.5 billion in there, just like Huron,’’ Schieffer said. Inn, where Schieffer and Sen. John Thune, federal loans, Schieffer is in a position to say There are still hurdles to overcome. Oppo- R–S.D., spoke to a group of several dozen that if the application is approved some con- sition still exists west of the Missouri River, people about the financing that only re- struction would start in 2006. as well as in Pierre and Brookings. cently became an option—in a transpor- Until now, there has been no specific time- ‘‘We’ve got issues still to address up and tation bill that expands railroad rehabilita- table. As each year has passed, there has down the line,’’ Schieffer said. ‘‘I think some tion funding. been hope the next one would bring construc- of them will be successful and we’ll still be The plan would allow DM&E to build or re- tion crews to the region. But the largest hur- able to do things and some we won’t.’’ habilitate more than 1,300 miles of rail, the dle has been a lack of private financing, and The regulatory issues are pretty much over majority of which would be in South Dakota. that is no longer the problem. and don’t have to be revisited with the new ‘‘The impact it could have on the whole Sen. John Thune, R–S.D., authored a provi- application for funding. state is huge,’’ Thune said Saturday, calling sion in the recently passed highway bill that Schieffer said he doesn’t want to raise false the railroad infrastructure ‘‘an economic de- expands the Railroad Rehabilitation Infra- expectations, ‘‘but this legislation is very velopment magnet.’’ structure Financing program from $3.5 bil- potent stuff.’’ ‘‘Who even knows the kinds of industry we lion to $35 billion. Railroads like the Union Pacific and Bur- could bring in? Literally, the sky is the limit Of that, $7 billion is set aside for Class II lington Northern had made use of federal in terms of what this could mean,’’ Thune and Class III railroads. funds in the past, but the law had expired said. Based on the traffic load, DM&E is one of and when it was renewed the rules were He said that it would not only provide 50 Class II railroads in the country. changed so DM&041E didn’t qualify. thousands of jobs in South Dakota, but Project completion would make it the Not only does the Thune provision set the would also address a pressing national need— sixth Class I railroad. clock back so the railroad qualifies, if it affordable and abundant energy. While financing can now be sought in meets the criteria the secretary of transpor- ‘‘Forty percent of the country’s electricity terms of a loan, ‘‘it doesn’t mean it’s going tation must give it priority and preference is fueled by coal,’’ Thune said. to get done, doesn’t mean it’s approved, to make the project happen. Schieffer added: ‘‘And it’s not just about doesn’t mean it’s a done deal,’’ Thune cau- Instead of an open-ended time frame, the coal. This is about wheat, cement, clay out tioned. government must make a decision on the of Belle Fourche, timber and a lot of other ‘‘But it does provide a financing option loan application within 90 days of its filing, things.’’ that was not available prior to the passage of which is expected in a couple months. Some- Although most who spoke Saturday were that legislation which works for this time in the second quarter of next year, the in support of the railroad, property owner project,’’ he said. A federal funding source fate of the project should be known. Veronica Edoff said she doesn’t see where the means the project has expanded from a $1.4 Schieffer said he thinks the DM&E project proposal is going to be fair to people who, billion pricetag to $2.5 billion, with new west is the only one in the country that fits the she said, are giving up everything to put and east branches, Schieffer said. criteria. Applicants must be able to prove money in DM&E pockets. Huron would be home to an operations cen- their projects will have a material impact on Other landowners, including Leonard Ben- ter, where cars and locomotives are fueled rail capacity in the country and will serve a son and Richard Papousek said the company and serviced. The area would see 300 to 500 compelling national need. has been more than willing to negotiate and new railroad jobs, based on traffic loads, and ‘‘This is the only rail project I know about work with the ranchers. there would be 3,000 to 5,000 construction out there that will have a material impact Wall Mayor Dave Hahn thanked Thune and jobs over three years in three states. on the rail capacity in this country and Schieffer for what the railroad could do for Other servicing facilities would likely be there is a very clear national need in the fed- the state and its people, drawing the only ap- near Wall, the Wyoming border and New eral energy policy. plause of the evening. Ulm, Minn. ‘‘We have a very strong case to make,’’ Thune said it would enable South Dakota ‘‘There’s a lot of moving parts to this Schieffer said. ‘‘We still have to make it, we to diversify and grow the economy in a way thing,’’ Schieffer said. still have to get it through.’’ But the legisla- no single industry can. After the recent bat- ‘‘Facilities will change and move as time tion gives the railroad a great advantage. tle to save Ellsworth Air Force Base, he said, goes forward so its hard to pin anything ‘‘It is absolutely everything we have hoped that need is more obvious than ever. down with any certainty but one thing isn’t for,’’ he said. ‘‘There’s a lot of work ahead of us yet, but going to change. Debate in the country has been raging I can tell you, it’s a lot further along that it ‘‘Huron, South Dakota is going to be the about not having enough energy, generation was yesterday,’’ Schieffer said. operational heartbeat of this enterprise and transmission, Thune said. Schieffer emphasized that the funding is a when it’s done and that is something that’s ‘‘We would be prime positioned to benefit loan—not a grant or taxpayer-funded pro- not going to change.’’ from some utility plants and additional gram. He said that decision is based on personal power generation that could result if this ‘‘We would have to pay it back, but the and political commitments. railroad project is built,’’ he said. key thing is that it would be stretched over An enthusiastic crowd of 250 at Saturday’s The project would create a synergy be- a longer period of time.’’ presentation one of three Thune and tween transportation and energy, he said.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13323 Low sulfur coal is in great demand because City of Banning, CA for city pool im- Court in Powell County, Kentucky for of the environmental benefits. provements; $350,000 to the City of the construction and development of a ‘‘We get 40 percent of our electricity from Beaumont, CA for the construction of park; $100,000 to the City of Louisville, coal,’’ Thune said. ‘‘The Powder River Basin the Beaumont Sports Park; $350,000 to Kentucky for construction of a play- has literally unlimited reserves of coal re- sources.’’ Competition in the basin would the City of E1 Monte, California for ground in Shawnee Park; $600,000 for also relieve bottlenecks, he said. By 2020, it’s construction of a community gym- the Kentucky Commerce Cabinet to de- estimated there will be a 55 percent increase nasium; $250,000 to the City of Lan- velop a visitor center at the Big Bone in rail traffic in the country. caster, California for installations re- Lick State Park; $500,000 for the Audu- In answer to a question, Schieffer said lated to the baseball complex; $150,000 bon Nature Institute for the Audubon without the need for private investors ‘‘this to the City of Long Beach, California Living Science Museum and Wetlands gives us control of our destiny much more.’’ to develop an exhibit to educate the Center in New Orleans, Louisiana; He said greater independence would mean public on the importance of ports; $100,000 to Greenfield Community Col- the DM&E could become a publicly traded $200,000 to the City of Placerville, Cali- company. lege in Greenfield, Massachusetts for a There has also been concern that the fornia for Gold Bug Park renovations; feasibility study; $280,000 for the City DM&E will forget its ag producers and ship- $100,000 to the City of San Bernardino, of North Adams, MA for the renovation pers. But the project has strong support from California for Renovations to National of the historic Mohawk Theater; commodity groups, and service will not only Orange Show stadium; $125,000 to the $260,000 for the City of Lawrence, MA improve, but will expand. City of Tehachapi, California for design for the redevelopment of the Lawrence ‘‘They know what it means to them,’’ and construction of a performing arts In-Town Mall site; $200,000 for the Schieffer said. ‘‘It’s going to be a huge ben- center; $350,000 to the City of Yucaipa, efit.’’ American Visionary Arts Museum, California for development of the Maryland $350,000 to the City of Sagi- Mr. COBURN. Mr. President, Con- Yucaipa Valley Regional Sports Com- naw, Michigan for renovation of the gress has a moral obligation to make plex; $250,000 to the Lake County Arts YMCA of Saginaw; $250,000 to Walsh difficult decisions about spending pri- Council in Lakeport, California for ren- College in the City of Troy, Michigan orities as we fight the war on terror, ovation of the Lakeport Cinema to a for a library expansion; $500,000 to the recover from natural disasters, and Performing Arts Center; $175,000 for the City of Cape Girardeau, Missouri for struggle to shore up Medicare and So- San Francisco Fine Arts Museums, the construction of a new school for cial Security. Last year in fiscal year CAY for M.H. de Young Memorial Mu- visual and performing arts at South- 2005 our national debt increased by $538 seum construction; $350,000 to the City east Missouri State University; $200,000 billion, or $1,738 per man, woman and of Bridgeport, Connecticut for reloca- to the City of Meridian, Mississippi for child in this country. tion of the Music and Arts Center for the construction of the Mississippi The American people, therefore, are the Humanities to a now-vacant de- Arts and Entertainment Center; and justifiably outraged when Congress en- partment store; $300,000 to the Univer- $750,000 to the City of Pontotoc, Mis- gages in an earmark spending free-for- sity of Hartford in Hartford, Con- sissippi for construction of the all. Pork projects tend to be allocated necticut for facilities construction and Pontotoc County Sportsplex. outside of the regular priority-setting renovation of the Hartt Performing Mr. SARBANES. Mr. President, I debate that governs the rest of the Arts Center; $250,000 for the Town of want to congratulate subcommittee budget process. This is wrong. Members Southbury, CT, for renovations to the Chairman BOND and Ranking Member of this body should not be asking what Bent of the River Audubon Center; MURRAY for successfully concluding right one Senator might have to ques- $200,000 to Lake County, FL for con- this conference report. I would like to tion another Senator’s projects. In- struction of a library; $96,300 to the note that this is the first time this sub- stead, we should be listening to the City of Coral Gables, Florida for the committee, as currently constituted, American people who are asking what renovation of historic Biltmore Hotel; has brought a conference report to the right we have to force them to finance $200,000 to the City of Ft. Myers, Flor- Senate and, in my view, this report is questionable projects in all 50 States. ida for the redevelopment of Edson & a worthy achievement and I intend to Every pork project should be balanced Ford Estates; $200,000 to the City of support it. against other national priorities. Pork Hollywood, Florida for the construc- I note, in particular, the strong title is not a civil right for politicians. tion and development of the Young Cir- on Transportation funding in the re- This bill contains more than 1,100 cle Arts Park project; $100,000 to the port. We all worked very hard to pass a earmarks. Some of those earmarks City of Pensacola, Florida for construc- Transportation authorization bill ear- inc1ude: $150,000 for the Alaska Botan- tion of the YMCA of Greater Pensa- lier this year that maintains a bal- ical Garden in Anchorage, Alaska for cola; $125,000 to the City of Treasure Is- anced transportation program, ensur- expansion and renovation of its infra- land, Florida for construction of beach ing adequate funding for both our Na- structure; $750,000 for the construction walkovers; $250,000 for Miami Dade tion’s highways and transit programs. of the Tongass Coast Aquarium; County, Florida for the Miami Per- In my view, both of these components $100,000 to the city of Guntersville, for forming Arts Center; $75,000 to the City are extremely important to the future renovations to the Whole Backstage of Tybee Island, Georgia for a new fa- economic growth of our country, and I Theater; $250,000 for the Greenville cility for the Georgia 4–H Foundation; am happy to note that the conference Family YMCA for child care facility $300,000 for the Kauai YMCA to con- report being brought to us this after- acquisition, renovation, and construc- struct facilities; $150,000 to Seguin noon is largely faithful to the provi- tion in Greenville, Alabama; $200,000 Services in Cicero, Illinois for con- sions included in SAFETEA–LU. for the Hayneville Lowndes County Li- struction of a garden center; $80,000 to The report’s provisions regarding brary Foundation for construction of a the City of Beardstown, Illinois for Federal employees are also to be com- new library in Hayneville, Alabama; construction of the Grand Opera House mended. The report includes language $250,000 for the Cleveland Avenue Beardstown Historical Society; $250,000 that will help Federal employees to YMCA for facility expansion in Mont- to the City of Joliet, Illinois for repairs compete on a more level playing field gomery, Alabama; $150,000 to the El to Rialto Square Theater; $250,000 to with contractors in cases where Fed- Dorado Public Schools in El Dorado, the City of Peoria, Illinois for design eral agencies decide to consider con- Arkansas for the expansion of a rec- and construction of Africa exhibit at tracting out jobs. The report ensures reational field; $200,000 for Audubon Ar- Glen Oak Zoo; $500,000 for the City of pay parity for all Federal employees— kansas for the development of the Au- Muncie, Indiana to revitalize the down- military and civilian alike. It also pro- dubon Nature Center at Gillam Park in town urban park; $250,000 for the vides over $125 million to consolidate Little Rock, Arkansas; $350,000 to the Learning Collaborative to implement the FDA at White Oak, and ensures City of Douglas, Arizona for facilities the Web Portal Technology Develop- that 68 Taxpayer Assistance Centers, renovation of the Grand Theater; ment Initiative in Daviess County, IN; including 4 in Maryland, will remain $350,000 to Valley of the Sun YMCA in $150,000 to Hardin County, Kentucky open until after the inspector general Phoenix, Arizona for facilities con- for renovation of an historic state the- completes a report to determine the struction of a YMCA; $250,000 to the ater; $150,000 to Powell County Fiscal impact proposed closures would have

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13324 CONGRESSIONAL RECORD — SENATE November 18, 2005 on both employees and clients. I thank to date, ensuring a more accurate out- One of the most common forms of the managers of the bill for their hard come. abuse is what is commonly called ‘‘hos- work on these important issues. Projections based on data from HUD tage goods.’’ This abuse was described I also want to talk about the appro- confirm this view. Under the House for- by the Department of Transportation’s priation for the Department of Housing mula, some housing authorities will Inspector General at a hearing I held in and Urban Development, HUD. At the get millions of dollars of voucher funds the Commerce Committee to look at outset, I want to express my apprecia- beyond what they can legally use, this problem. Let me quote from his tion to Senator BOND for his commit- while others will not get enough to testimony: ment over many years to maintaining fund even vouchers that are currently . . . household goods moving fraud is a seri- strong and effective housing programs. in use. At a time of such tight re- ous problem, with thousand of victims who Senator MURRAY, who has not served as sources, this kind of planned waste is have fallen prey to these scams across the Ranking Member on the Subcommittee simply inexcusable. county. Typically, an unscrupulous operator dealing with HUD issues until this I want to emphasize that the Senate will offer a low-ball estimate and then refuse managers fought for the more sensible to deliver or release the household goods un- year, has proven to be a very valuable less the consumer pays an exorbitant sum, addition to this effort and has shown a Senate language. It is unfortunate that often several times the original estimate. In deep understanding of, and commit- the House, with the strong support of one case, for example, a New York husband ment to, these important programs. HUD, prevailed in this case. Earlier and wife in their seventies were quoted a The key problem that the Conferees this week, a senior official at HUD said price of $2,800 to move their household goods faced in putting together this report is in the New York Times. ‘‘Lack of Sec- to Florida. Once the movers had loaded that they were not given enough tion 8 Vouchers for Storm Evacuees about half of the goods, the foreman advised money to fund the housing programs at Highlights Rift Over Housing Pro- the couple that unless they paid the new price of $9,800 they would never see their a fully adequate level. For example, gram,’’ November 8, 2005, ‘‘The housing voucher program is something we be- property again. Fearing that the moving the HOME and CDBG program, both crew might physically hurt them, the couple very flexible programs, used to build lieve in. But we have to make sure the paid the vastly inflated fee. money’s well spent.’’ and rehabilitate housing, create new In such a case, trying to find an at- homeowners, and create new jobs, suf- I regret to say that HUD objected to the Senate provision which would have torney and then proceed to courts fer modest cuts in the report. while all your worldly possessions are Public Housing, the Nation’s basic produced a demonstrably more effec- tive and efficient allocation of section on a truck heading to Florida is not es- housing program for the poor, is inad- pecially practical. equately funded as to both its day-to- 8 funds. In the end, despite the efforts of the chairman and ranking member, This is not an isolated incident. day operations, and its long-term cap- Since 2001, consumers have filed over ital needs. The funding figures are very HUD and the House prevailed. This concerns me greatly. I certainly hope 10,000 official complaints with the De- close to last year’s appropriations—and partment of Transportation. Since 2000, I recognize that this was no easy task that HUD does not come back next year and use the wasteful results of the Inspector General has investigated for the conferees—but we need more to allegations of fraud associated with ap- maintain our basic investment in this this ineffective system for which they advocated, as a rationale to provide proximately 8,000 victims. fundamental program. HOPE VI is cut In the recently completed highway by nearly one-third, though I commend less funding for fiscal year 2007. Despite this significant disappoint- bill, Congress included provisions to the managers for getting this much, ment, I want to, again, indicate my try to tip the scale back a little bit to given the administration’s repeated ef- support for the overall package. the side of the consumer. The provi- forts to kill the program altogether. Mr. LOTT. Mr. President, we will sions that were included in the high- Finally, I want to express my deep hear plenty of self-congratulatory way bill conference report were almost disappointment that the conference re- statements on this floor today about identical to the provisions in the Sen- port adopts the funding formula for re- this conference report. And I am sure ate passed bill and to the provisions newal of section 8 vouchers put forward that there are probably many provi- that were included in the highway bill by the House instead of the far more ef- sions that in fact have merit. that passed the Senate in the last Con- fective formula adopted by the Senate I cannot let the Senate consider this gress. The basic point of these provi- in the bill we passed earlier this year. conference report, however, without sions was to allow State attorneys gen- Section 8 is the largest housing pro- highlighting some particularly egre- eral and State consumer protection of- gram funded the Federal Government, gious provisions which were literally ficials to intercede on behalf of con- serving over 2 million low-income peo- inserted at midnight. These specific sumers and enforce Federal law and ple. On the positive side, the con- provisions were not included in either regulations dealing with moving com- ference report we are considering today the House or Senate appropriations panies. does provide an increase in funds over bills, they were never discussed during The appropriations conference report last year that will help to restore at any of the meetings of the Conference we are considering today basically puts least some of the vouchers that were Committee, nor were they subject to these proconsumer provisions on a hold lost. hearings by either the authorizing for a year, and allows State officials to On the other hand, by adopting the committees with jurisdiction, nor by intervene in only the most limited of House formula voucher renewals, we appropriations committees. circumstances. are likely to see the loss of thousands I think we should call these provi- Finally, let me be clear. Most of the of valuable housing vouchers in fiscal sions the ‘‘Leave the Victims of Un- companies and individuals engaged in year 2006. For several years, voucher scrupulous Moving Companies Behind the moving industry are hard-working funding for each housing authority has Act.’’ and honest. It is a small minority of been allocated based on the prior year’s Consumers have fewer rights in try- companies that engages in unscrupu- cost and utilization of vouchers at each ing to seek recourse when they are vic- lous behavior and it is these companies housing authority around the country. tims of fraud or outright theft than that need to be reined in. The Senate would have used as a base when they deal with a dishonest inter- Unfortunately, this conference report for this calculation the most recent 12- state moving company. The consumer allows unscrupulous movers to con- month period. By contrast, the House has no ability to use State or local tinue to defraud consumers with little formula, which has been adopted by laws or consumer protection regula- practical recourse for our constituents this report, uses only a 3-month snap- tions. That is because Federal law pre- that have been mistreated. shot. As you might expect, the Senate empts State and local action in this Mr. PRYOR. Mr. President, I rise provision gives a much more accurate area. The only recourse a defrauded today to voice my disappointment and picture of both the housing authority’s consumer has is to try to enforce the frustration with provisions included in voucher utilization and costs by taking Federal regulations by going to Fed- this conference report that severely a broader picture of the data. In addi- eral or State court. This is expensive weaken critical consumer protection tion, the data that would be used under and in most cases extremely imprac- law for those that ship household goods the Senate provision would be more up tical. Let me explain. using commercial movers.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13325 As the ranking member of the Com- industry previously carried out by the of discussion—agreed upon these provi- merce Committee’s Consumer Affairs, Interstate Commerce Commission. sions. It is wrong that those who did Product Safety, and Insurance Sub- Until recently, FMCSA had a total of 3 not get what they wanted—were re- committee, as a former State attorney personnel assigned to handle all of the jected both in the Senate and in con- general, and as a leading member of consumer complaints for the entire Na- ference—can then hijack the consumer the Committee’s Surface Transpor- tion and could do little about them. I protection provisions that this Con- tation Subcommittee for motor carrier understand that FMCSA has received gress approved in July. issues, I must express my outrage that nearly 20,000 consumer complaints The passage of the SAFETEA–LU this conference report undermines the since January 2001. They have taken household goods language signaled consumer protections for victims of un- little action in this area because Congress’s willingness to stand up for scrupulous movers that were part of FMCSA contends that its limited re- the consumer and correct an injustice the transportation bill, known as sources must be focused on truck safe- that occurs far too often. It is sad that SAFETEA–LU, signed into law less ty, the agency’s primary mission. this conference report seeks to undo than 4 months ago. States, which want to get involved this achievement and make it signifi- These provisions were inserted de- and already oversee consumer protec- cantly more difficult for our citizens to spite commitments I received to the tions for the intrastate movement of get the recourse they deserve. contrary. We had an agreement that we household goods with little con- State attorneys general and State would not seek to modify the house- troversy, have been told by the courts consumer protection agencies are much hold goods consumer protection lan- that they have no jurisdiction in this more likely than the Federal Govern- guage within the Commerce Commit- area, since it involves interstate com- ment to doggedly pursue justice for tee’s jurisdiction beyond an amend- merce. The net result is that moving their citizens in these cases. A letter ment that was offered as part of the companies operating in interstate com- from the National Association of At- floor consideration of this appropria- merce face no regulation of their com- torneys General on January 21, 2004, tions bill in the Senate. mercial behavior, and therefore, con- proves this point, by indicating the as- Instead, over the objections of my- tinue to take advantage of consumers. sociation’s full support for State en- self, Senator INOUYE, Senator STEVENS, To address this glaring problem, forcement of Federal household goods Senator LOTT, and the leadership of the SAFETEA–LU created a partnership consumer protections. The letter, House Transportation and Infrastruc- with the states by allowing them to en- signed 48 State attorneys general, spe- ture Committee, this new language was force certain Federal consumer protec- cifically rejects complaints from the forced into the conference report in tions rules as determined by the Sec- moving industry against this new au- order to protect a few big moving com- retary of Transportation—a model that thority. panies from increased public account- works well in other areas. In conclusion, let me say that I ap- ability. It is so disheartening that only a few preciate the work of the other House Adding insult to injury, provisions months after these new authorities and Senate appropriations conferees that were specifically rejected during were put in place—before they could and my colleagues on the Senate Com- the conference on the transportation even take effect and be put to use to merce Committee for trying to keep bill this summer were included in addi- protect consumers—these provisions these provisions out of their bill. It is tion to language that goes well beyond have been reopened and basically gut- unfortunate that they ended up being those items and further undercuts the ted on behalf of a few big moving com- included, and I plan to work to see that work Congress did to aid consumers panies that want to keep operating they are overturned. who face fraud, extortion, and abuse at without real oversight. The PRESIDING OFFICER. The Sen- the hands of unregulated moving com- The household goods provisions ator from Alaska. panies. added to this conference report will: Mr. STEVENS. Mr. President, I ask As a former State attorney general, I limit a State attorneys general’s abil- that I be recognized for a few minutes know the public benefits from local ity to initiate an action to enforce Fed- and that the time not come out of the and State officials who are dedicated eral household goods consumer protec- time that is currently allotted on this to protecting consumers. Over the past tion law to only cases involving new bill. year, picking up on work begun by Sen- moving companies or those who egre- The PRESIDING OFFICER. Without ator MCCAIN, and working with Sen- giously violate Federal motor carrier objection, it is so ordered. ators LOTT, INOUYE, and STEVENS, I safety regulations. The effect of this THANKING THE SENATOR FROM WEST VIRGINIA have tried to find ways to assist the provision is to totally insulate most Mr. STEVENS. Mr. President, I re- many citizens from all across this movers, particularly larger and more- gret seriously that I was not here at country who have been victimized by established moving companies, from the beginning of the statement made moving companies and have nowhere to even the threat of action by a State, by the distinguished Senator from turn. regardless of how outrageous their vio- West Virginia, Senator BYRD. I was in The most outrageous situation is lation of Federal consumer protection an interview, as a matter of fact. My when a moving company holds all of a law may be. staff came to tell me the Senator was consumer’s possessions until they pay Further, the provisions will: apply speaking about the article I gave to thousands of dollars in excess of the these same enforcement limitations to him that my daughter Lily wrote. I original estimate for the move. This State authorities that already regulate have come to the floor to thank him practice, known as ‘‘hostage goods,’’ is intrastate movers and require that the for his courtesy and generosity in extortion, plain and simple. And it State consumer agencies enforcing speaking about that article. leaves consumers helpless in a strange Federal household goods consumer Lily is one of my six children, the city, with none of their possessions and laws bring their cases in Federal courts last of my children. As the Senator no recourse. only, where they would languish on av- from West Virginia indicated, she is in I say helpless because, although erage for 3 more years. What are con- law school at Boalt Hall. She wrote her there are some Federal laws to protect sumers supposed to do while every- thesis at Stanford about the history of consumers when shipping their goods thing they own is being held hostage this Capitol. I gave a copy of that the- in interstate commerce—protections by a mover during those 3 years? sis to the Librarian of Congress, James we enhanced with the passage of I believe these provisions go well be- Billington, and he passed it on to the SAFETEA–LU—the Department of yond anything the Commerce Com- National Capitol Historical Society. Transportation, DOT, is simply not mittee would ever have agreed to, had They determined they would print part suited to police the 1.5 million inter- we the opportunity to consider these of it in their current bulletin, which state moves that occur each year. directly. The only thing positive I can pleased me very much. In 1995, the predecessor of the Fed- say about them is that they are set to I shared that with the Senator from eral Motor Carrier Safety Administra- end after Fiscal Year 2006. West Virginia, as any proud father tion, FMCSA, assumed the regulatory This language is an affront to all au- would, particularly with the Senator duties of the household goods moving thorizing committees that—after years from West Virginia because of our

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13326 CONGRESSIONAL RECORD — SENATE November 18, 2005 great friendship and the time we have It was a pleasure, may I say to my that currently comprises something in been here together. He is the senior friend, to call to the attention of Sen- excess of $2.5 trillion a year. Senator on his side of the aisle, and I ators this beautiful article written by This is a very important exercise. am now the senior Senator on this side Senator STEVENS’ daughter Lily. She is This represents the first time, I be- of the aisle. I will forever be his junior a really precocious child. I have lieve, since 1997 when we have seen real in terms of not only age but service watched her from almost day one. I ad- and the admiration I have for him. mire her. She is a well-bred woman. and meaningful cuts in Federal spend- ing. The challenge, of course, is that I knew Senator BYRD would be inter- She is the flower of womanhood. She is ested in the way Lily described this seeking always to enlarge her mind and about a third of the money the Con- Capitol, its history, and its importance doing a great job of it. gress spends is discretionary spending. to this country. It is a beautiful arti- I am pleased the Senator feels that Half of that third is defense spending, cle, I think, and I am doubly proud of he rejoices that her article has been and the rest of it is homeland security her and extremely pleased that he mentioned by me. I want to assure him and other discretionary programs. But would take the time and do us both the that he is entitled to every plaudit I some of that you can tell by the mere honor of putting that article in the can bring to bear on this subject. I description is hardly discretionary be- RECORD. hope he conveys my love and my admi- cause it is important to our national I invite my friends and colleagues to ration to his daughter Lily. security. read that article. Lily had a different And may I say to the Senator, ‘‘Thou My point is that two-thirds of the art my guide, philosopher, and friend,’’ life than most of my other five chil- Federal budget is not, even under any dren. She literally grew up here from as the Pope once said. I mean every conception or definition, discretionary the time she was a very small baby, word of that. I treasure our friendship, spending. It is Medicaid, Medicare, and and came to the Senate quite often and I say to Senator STEVENS, and may his Social Security, and we simply have to sat on my shoulder when we were in beautiful daughter continue to do her come to grips with that so-called enti- conference meetings. work and complete her studies and go tlement or nondiscretionary spending Senator BYRD has always been very on to higher things. She is a fine gracious about coming to her birthday model, and many of us can learn from in order to draw the reins in on a Fed- parties which we held here during the 8 her efforts to improve herself. I will eral Government that continues to years I was the whip on this side of the certainly do that myself. I thank the grow day by day in its scope and size aisle. All of our family has such a great Senator. I thank him very much. and expense. admiration for the Senator and for his Mr. STEVENS. Mr. President, the I am here to say I think there are great history. Senator twice honors me. I do thank some cuts that make more sense than I think many people do not realize the Senator very much. Those of us others and some cuts make no sense that he is not only the most senior who have had the privilege of serving whatsoever. I consider child support Senator, but he is the only Senator here more than a short time develop money that goes to assist the States in who went through both the university relationships that I think the rest of collecting child support to fall into the body and perhaps the country don’t level and law school level while serving that last category—cuts that make no understand. Very clearly my commit- in the Congress. He has a prodigious sense whatsoever. Let me explain. memory. I think of times when, for in- ment in terms of friendship and devo- stance, we were at the U.S.-British tion to my friend from West Virginia is The House bill will cut $5 billion in Parliamentary Conference when I en- equal to his for me. I am very pleased Federal funds from the child support couraged the Senator to tell us some of and proud to have that relationship program over 5 years—$5 billion over 5 his memories of serving in the Capitol with him. years. It will cut $15.8 billion, almost when we were with our fellow legisla- I thank the Chair. $16 billion, over 10 years. This trans- tors from the Parliament of Britain. The PRESIDING OFFICER. The Sen- lates into a 40-percent reduction in We have great memories of that. ator from Texas. Federal spending for the child support I also have a memory of the time Mr. CORNYN. Mr. President, I ask program. My State of Texas would lose when we were in West Virginia when unanimous consent to speak as in $258 million over 5 years and $824 mil- one member of the Parliament made morning business. lion over 10 years. the mistake of saying that Americans The PRESIDING OFFICER. Without I ask unanimous consent that a chart didn’t know much about the history of objection, it is so ordered. prepared by the Center for Law and So- our mother country and those who Mr. CORNYN. Mr. President, I also have served Britain and their mon- ask unanimous consent that after I am cial Policy which lays out the proposed cut to Federal child support funding archy. Senator BYRD proceeded to tell recognized, Senator COBURN and Sen- us in detail about every single person ator DEWINE be recognized for up to 30 State by State be printed in the who ever served in that position, in- minutes each. RECORD. cluding the husbands and wives of the The PRESIDING OFFICER. Without There being no objection, the mate- monarchs of Britain. objection, it is so ordered. rial was ordered to be printed in the I have so many great memories of Mr. CORNYN. I thank the Chair. RECORD, as follows: service with Senator BYRD. I have al- f ready ordered a copy of the transcript TABLE 2.—PROPOSED CUTS TO FEDERAL CHILD SUPPORT and the tape of this presentation to CHILD SUPPORT ENFORCEMENT FUNDING send to Lily. I can think of no nicer Mr. CORNYN. Mr. President, I talk [$ millions] birthday present to me than that the about two subjects that are very near 10-Year Senator from West Virginia would 5-year Cut and dear to my heart. The first is the State 2006–2010 Cut, 2006– honor my daughter and the article she matter of child support enforcement. 2015 has written about the place we both My colleagues might wonder how does Alabama ¥187 ¥59 love, the Capitol of the United States. that issue arise. The fact is, last night, Arizona ¥188 ¥59 California ¥1,006 ¥3,211 I thank the Senator very much for the House of Representatives passed Connecticut ¥71 ¥228 his courtesy. their version of the Deficit Reduction Dist. Columbia ¥15 ¥49 Mr. BYRD. Mr. President, if the dis- Act of 2005. As each of us knows, the Georgia ¥105 ¥334 Idaho ¥19 ¥61 tinguished Senator will yield briefly— purpose of that Deficit Reduction Act Illinois ¥161 ¥514 and I am not going to keep my friend of 2005 is to actually bring down the Indiana ¥61 ¥194 Iowa ¥49 ¥157 from Texas waiting. He has been stand- Federal deficit by finding cuts in the Kansas ¥47 ¥151 ing and waiting to be recognized. Federal budget, the Federal budget Louisiana ¥55 ¥176

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13327 TABLE 2.—PROPOSED CUTS TO FEDERAL CHILD SUPPORT TABLE 3.—PROJECTED IMPACT ON CHILD SUPPORT So in addition to money that is a FUNDING—Continued COLLECTIONS—Continued good return on investment, $4.38 for [$ millions] [$ millions] every dollar, this money actually avoids additional expenditures of tax 10-Year 10-Year 5-year Cut State 5-year Cut Cut, State 2006–2010 Cut, 2006– 2006–2010 dollars by creating individuals who are 2015 2006–2015 qualified for other Government pro- Maine ¥22 ¥72 Illinois ¥256 ¥782 grams at a lot more expense to the Maryland ¥94 ¥299 Indiana ¥97 ¥295 Massachusetts ¥88 ¥282 Iowa ¥78 ¥239 Federal taxpayer. Michigan ¥249 ¥795 Kansas ¥75 ¥230 Minnesota ¥133 ¥425 Kentucky ¥85 ¥258 The problem with these cuts is that ¥ ¥ Mississippi ¥23 ¥72 Louisiana 88 268 they are likely to reverse dramatic im- ¥ ¥ Maine ¥36 ¥109 Missouri 82 261 ¥ ¥ ¥ ¥ Maryland 149 454 provements in the child support pro- Montana 12 40 Massachusetts ¥140 ¥428 Nebraska ¥42 ¥134 ¥ ¥ gram’s performance over the past dec- ¥ ¥ Michigan 397 1,210 Nevada 38 121 Minnesota ¥212 ¥647 ade, and they may well force many N. Hampshire ¥15 ¥48 Mississippi ¥36 ¥110 New Jersey ¥173 ¥554 Missouri ¥130 ¥397 families back on the welfare caseload. New Mexico ¥37 ¥119 Montana ¥20 ¥61 New York ¥303 ¥967 Nebraska ¥67 ¥204 This means former welfare families and North Carolina ¥106 ¥339 Nevada ¥60 ¥183 working families of modest income will North Dakota ¥11 ¥35 N. Hampshire ¥24 ¥74 Ohio ¥288 ¥918 New Jersey ¥276 ¥842 lose an important source of income Oklahoma ¥44 ¥139 New Mexico ¥59 ¥181 that now enables them to maintain fi- Oregon ¥49 ¥156 New York ¥482 ¥1,470 Pennsylvania ¥188 ¥602 North Carolina ¥169 ¥516 nancial self-sufficiency and thereby ¥ ¥ Rhode Island ¥11 ¥35 North Dakota 18 54 having to draw on Government re- ¥ ¥ Ohio ¥458 ¥1,396 South Carolina 33 105 ¥ ¥ South Dakota ¥8 ¥25 Oklahoma 69 211 sources through public assistance pro- Oregon ¥78 ¥237 Tennessee ¥75 ¥238 ¥ ¥ grams. ¥ ¥ Pennsylvania 300 915 Texas 258 824 Rhode Island ¥18 ¥54 Utah ¥34 ¥110 South Carolina ¥53 ¥160 The reason I feel so passionately Vermont ¥11 ¥36 South Dakota ¥12 ¥37 Virginia ¥80 ¥256 Tennessee ¥119 ¥363 about these particular cuts and the ef- Washington ¥130 ¥415 Texas ¥411 ¥1,253 fectiveness of the child support en- West Virginia ¥36 ¥114 Utah ¥55 ¥167 Wisconsin ¥96 ¥308 Vermont ¥18 ¥55 forcement program is that for 4 years Wyoming ¥10 ¥31 Virginia ¥128 ¥390 before I came to the Senate I served as Nationwide ¥$4,962 ¥$15,846 Washington ¥207 ¥631 West Virginia ¥57 ¥173 attorney general of Texas. It was my CLASP calculations based on preliminary estimates by the Congressional Wisconsin ¥153 ¥468 Budget Office of the total cut in federal child support funding under the Wyoming ¥15 ¥47 job, on behalf of approximately 1.2 mil- House Ways and Means Committee budget reconciliation chairman’s ‘‘mark,’’ Nationwide ¥$7,900 ¥$24,100 lion children, to see that they got the The total cut was distributed by state based on each state’s share of total child support administrative expenditures in 2004, as reported by the federal CLASP calculations based on preliminary estimates by the Congressional child support that they deserved, that Office of Child Support Enforcement Preliminary Report FY 2004, table 7. Budget Office of the projected effect of funding cuts on collections under they needed, and that they were legally the House Ways and Means Committee budget reconciliation chairman’s Mr. CORNYN. Mr. President, those ‘‘mark.’’ The total cut was distributed by state based on each state’s share entitled to. of total child support distributed collections in 2004, as reported by the fed- are the cuts, $5 billion over 5 years, $16 eral Office of Child Support Enforcement Preliminary Report FY 2004, table I am proud to say that my State 7. billion roughly over 10 years. ranks second in the Nation in terms of What is the impact of these cuts on Mr. CORNYN. Mr. President, in the total collections, collections of about child support collected? This will re- year 2004, the child support program $1.8 billion in fiscal year 2005, and an duce child support collections by $7.9 collected $ 21.9 billion, while the pro- increase of 83 percent of collections billion over 5 years and $24.1 billion gram costs were $5.3 billion. Let me since fiscal year 2000. over 10 years. make this clear for my colleagues. In That is right, for a $5 billion cut, it other words, for every $1 spent by the Now, that did not happen by acci- eliminates $7.9 billion in child support Federal taxpayer $4.38 in child support dent. The reason it did happen is be- collections. For a $16 billion cut, it was collected for the children who need cause of the great work being done by eliminates $24.1 billion in collections it. This is not the typical Federal pro- the men and women in the child sup- over 10 years. In my State of Texas gram. This is not money that once port enforcement division of the State these cuts will reduce child support spent we see no real benefit from. of Texas. It also happened because of collections by $411 million over 5 years Rather, this is one that for every dollar the money that is provided by the Fed- and $1.25 billion over 10 years. that is invested $4.38 in child support is eral Government to help fund this nec- At this point, I ask unanimous con- collected for the children who need it essary function. Due to the good work sent that a chart also prepared by the and who are legally entitled to it. of these hard working men and women Center for Law and Social Policy, The President’s 2006 budget cites the in the child support division, obliga- which states the projected impact on child support program as ‘‘one of the tions, that is court orders, establishing child support collections State by highest rated block formula grants of support have risen from 55 to 82 per- all reviewed programs Government- State, be printed in the RECORD. cent of the qualifying population, and wide.’’ This high rating is due to its There being no objection, the mate- the cost-effectiveness in Texas has strong mission, effective management, rial was ordered to be printed in the and demonstration of measurable gone from $4.96 to $6.81. RECORD, as follows: progress toward meeting annual and I mentioned the national average of long-term performance measures. $4.38 for every dollar spent. In Texas, TABLE 3.—PROJECTED IMPACT ON CHILD SUPPORT Even there, the numbers and these we now collect $6.81 for every dollar COLLECTIONS sort of accolades about this program do spent. [$ millions] not tell the whole story. The story is completed by the fact that many chil- If the financial benefits, if the cost- 5-year Cut 10-Year State Cut, dren who receive child support are effectiveness of this program, and if 2006–2010 2006–2015 thereby prevented from drawing down the avoidance of other costs to the Alabama ¥93 ¥285 other Government programs. For ex- Federal taxpayer were not enough, Alaska ¥31 ¥95 there are other intangible benefits to a Arizona ¥94 ¥286 ample, child support enforcement re- Arkansas ¥61 ¥185 duces reliance on Medicaid, temporary strong and effective child support en- California ¥1,601 ¥4,884 forcement program. I have seen with Colorado ¥104 ¥316 assistance to needy families, and other Connecticut ¥113 ¥346 social service programs. It is estimated my own eyes that too many families, Delaware ¥35 ¥108 Dist. Columbia ¥24 ¥74 that more than 1 million Americans when they divorce, reach a tacit agree- Florida ¥366 ¥1,115 were lifted out of poverty through ment with regard to their children. Georgia ¥166 ¥508 Hawaii ¥15 ¥45 child support programs in the year 2002 Moms who frequently are the ones who Idaho ¥30 ¥92 alone. have custody of the children sometimes

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13328 CONGRESSIONAL RECORD — SENATE November 18, 2005 reach a tacit agreement with their ex- 357 to 66 in the House. As I said, the high-profile witnesses from Janet spouse, typically the father, that if PATRIOT Act enhanced law enforce- Reno, the former Attorney General of they do not exercise their visitation ment and intelligence agencies’ ability the United States, to former Attorney rights that the mother will not press to gather and analyze intelligence in- General John Ashcroft, who served dur- the father for the financial support to formation and to use the most modern ing the first term of the Bush adminis- which their children are legally enti- communications technologies, such as tration, and FBI Director Mueller. Wit- tled. e-mail, cellular telephones, and the ness after witness testified that that What happens is that these children Internet, and it strengthened criminal wall between criminal investigators become two-time losers. Not only are laws and penalties against terrorists. and our intelligence-gathering commu- they denied the financial benefits that As always, we must be concerned nication prevented the sharing of infor- the law says they are entitled to, they with the right balance between the mation that has been absolutely crit- are denied contact with both parents need to protect innocent American ical in protecting innocent American that every child needs in order to have lives and the need to preserve our civil lives and preventing future terrorist the best chance of success. liberties. Despite the dire predictions attacks. Indeed, one of the intangible benefits of some groups, the PATRIOT Act has It is that same wall that will be res- of an effective child support program is not eroded any of our rights that we urrected on December 31, 2005, unless not just the money collected, it is not hold near and dear as Americans. To the U.S. Congress acts. It is absolutely just lifting children who would other- the contrary, the PATRIOT Act has en- critical that we look at this with cold- eyed clarity and not be swayed by wise be in poverty out of poverty, it is abled the Justice Department, the FBI, scare tactics or emotional appeals. not just avoiding the additional ex- and the CIA and other Federal, State, penses of Government programs that I am astonished, when I look at the and local law enforcement agencies to reality of how the PATRIOT Act has would otherwise be invoked if that sup- cooperate and to share information and port was not there, it is literally the made our Nation safer, that there are thereby save American lives and pro- those who would use scare tactics to benefit of having a mother and a father tect what is perhaps the most impor- both engaged, involved, and committed try to convince them that America’s tant civil liberty of all, and that is civil liberties are somehow imperiled. to the welfare of their children. freedom from future terrorist attacks. In fact, the American Civil Liberties I can think of no more important I serve on the Judiciary Committee, purpose that our efforts could serve Union, time and time again, through and we have held 25 oversight hearings fundraising appeals and elsewhere, has than to reunite mothers, fathers, and to date within the Judiciary Com- children in a collective effort to im- misrepresented the PATRIOT Act in a mittee to ensure that we have both the way that I believe has frightened the prove the status of our children and tools we need and that we struck the their prospects for a bright future. American people. They happen to use it right balance between civil liberties to raise money in their direct mail So I hope in the conference on the and our need to be secure. As all of our Deficit Reduction Act of 2005 our col- campaign, but it has had the disservice colleagues know, several sections of of breaking American resolve and con- leagues in the House will reconsider, the PATRIOT Act are set to expire, and I hope our colleagues in the Senate fusing the American people about ex- sections 203 and 218, on December 31, actly what is at stake and what the will persuade them that of all the cuts 2005. These are the very provisions that they might have chosen these were the benefits of the PATRIOT Act are. have been instrumental in bringing Perhaps the most telling manifesta- least deserving and that the money down this wall that has previously sep- tion of the effectiveness of their scare should be reinstated. I am confident arated different agencies of the Federal tactics and their misinformation cam- throughout the $2.5 trillion Federal Government in getting information paign is that approximately 300 dif- budget that there are other programs, that is needed in order to save Amer- ferent municipalities across America other waste, other fat, other ineffective ican lives and to stop terrorist attacks. have passed resolutions calling for the programs that could be more effec- I would just read briefly from recent repeal of the PATRIOT Act. I think we tively cut and with far less damage to testimony before the Senate Judiciary have to mark that off to a lack of good the most vulnerable among us. Committee by Peter Fitzgerald, the information, or perhaps the gullibility PATRIOT ACT U.S. attorney for the Northern District on the part of some of these city coun- Finally, just for a couple of minutes, of Illinois, who has recently been in the cils and others. Because, as the Senate maybe 5, I want to speak about another news. He has recounted from personal Judiciary Committee has found out, subject, and that is the USA PATRIOT experience how this wall between law when you ask the American Civil Lib- Act. It has been more than 4 years enforcement and intelligence personnel erties Union to detail a single violation since our country was hit on Sep- have operated in practice. He said: of American civil liberties as a result tember 11 by terrorists who care noth- I was on a prosecution team in New York of the passage and implementation of ing for our way of life and nothing for that began a criminal investigation of the PATRIOT Act, they have been able the laws of war. They have attacked, Usama Bin Laden in early 1996. The team— to come up with none, zero, zilch, nada. because they could, innocent civilians prosecutors and FBI agents assigned to the Senator DIANNE FEINSTEIN, with in their jihad against those who have criminal case—had access to a number of whom I am honored to serve on the different ways of life and different sources. We could talk to citizens. We could Senate Judiciary Committee, who al- talk to local police officers. We could talk to views. ways does a very diligent job on behalf We know the PATRIOT Act has been other U.S. Government agencies. We could talk to foreign police officers. Even foreign of her constituents and on behalf of the largely responsible for making Amer- intelligence personnel. And foreign citizens. Senate, asked the ACLU to search the ica safer by bringing down the wall And we did all those things as often as we records and come up with a single in- that prevented the sharing of informa- could. We could even talk to al Qaeda mem- stance that they believe demonstrated tion between law enforcement and in- bers—and we did. We actually called several or proved that the PATRIOT Act im- telligence agencies, by making avail- members and associates of al Qaeda to tes- periled the civil liberties of the Amer- able to our FBI and other intelligence- tify before a grand jury in New York. And we ican people, and they did not come up gathering bodies the same sort of tech- even debriefed al Qaeda members overseas with a single example. niques that are currently used against who agreed to become cooperating witnesses. I hope, as we continue to work on a But there was one group of people we were organized crime members and other not permitted to talk to. Who? The FBI conference report to reauthorize the criminals. Simply, what this body did agents across the street from us in lower PATRIOT Act, that the Members of the in the PATRIOT Act was make sure Manhattan assigned to a parallel intel- Senate will do our jobs with a clarity that we used every legal and reason- ligence investigation of Usama Bin Laden of mind based upon evidence and not able means to root out terrorism, to in- and al Qaeda. We could not learn what infor- yield to the scare tactics by those who vestigate it, and to stop it before it mation they had gathered. That was ‘‘the want to create a disinformation cam- killed other innocent Americans. wall.’’ paign and perhaps confuse the Amer- The PATRIOT Act was passed shortly Well, people who remember the hear- ican people about the importance of after September 11 by a strong bipar- ings before the 9/11 Commission will re- the PATRIOT Act. It is absolutely crit- tisan vote of 98 to 1 in the Senate and member that there were a number of ical that we reauthorize this act, that

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13329 we not allow that wall to be resur- ting others first and selflessly giving of At the services held in Harry’s honor rected because the truth is, we owe it himself for his fellow man. According after his death, friends and family re- to the American people and we owe it to Medical Platoon Sergeant Randolph called Harry’s heroism and generosity, to those whose lives will literally be L. Nutt: saying that the cause of his death re- lost unless we do our job and reauthor- [Private First Class Meyer] fully knew flected how he had lived. According to ize the PATRIOT Act before provisions what the dangers were and willingly accept- his mom, ‘‘Harry had always wanted to of that act expire on December 31, 2005. ed them as a risk to save others’ lives. He help people. He didn’t think about his Mr. President, I yield the floor. made the ultimate sacrifice so that others own welfare. He’d give you anything he may live. Six other soldiers are still alive di- f had.’’ rectly due to his actions. I recently came across a touching re- MILITARY CONSTRUCTION AND Indeed, Mr. President, Harrison minder of Harry’s lasting impact on VETERANS AFFAIRS, AND RE- Meyer—Harry to his friends and fam- others. It is a posting on an Internet LATED AGENCIES APPROPRIA- ily—embodied the true American spirit tribute for service members who have TIONS ACT, 2006 that President Reagan described. been killed in either Operation Iraqi The PRESIDING OFFICER (Mr. Harry grew up in Worthington and at- Freedom or Operation Enduring Free- DEMINT). Under the previous order, tended Thomas Worthington High School. He dom. A friend of Harry’s—Pamela the Senate having received a con- graduated in 2003. While in high school, Moorehead from Worthington—posted ference report on H.R. 2528, that report Harry belonged to the track team for 3 the following email message: is considered agreed to and the motion years. He competed as a pole-vaulter. Andy Cox, a U.S. history teacher and track coach Harry, I was thinking about you today. I’m to reconsider that act is laid on the at Thomas Worthington, remembers Harry not sure what made me think of you. I think table. as a ‘‘teddy bear who made everybody laugh. I was just reminded by something someone Mr. ROBERTS. Mr. President, at this He was a real team player—always wanting said. It’s September 26, 2005, so in one month time, under the regular order and a to help people.’’ Coach Cox went on to say you will have been gone for a year. Everyone unanimous consent request, the distin- that ‘‘Harry was the kid who was trying to still misses you. The memories from pole vaulting with you and hanging out with you guished Senator from Ohio was to be make all the other kids relax, feel good about competing.’’ and Brandon make me both happy and sad. recognized. He has acquiesced in my To your family—Harry is one of my heroes, behalf that I may be recognized for 15 Harry often brought homemade and we all still think about him. We miss minutes. I ask unanimous consent that treats to the track meets for the entire him and continue to keep him and all of you I may speak as in morning business for team. Coach Cox emphasized the popu- in our thoughts and prayers. 15 minutes, to be followed by the Sen- larity of his cheesecake. As he affec- Harrison Meyer was a kind soul, with ator from Ohio, and that the Senator tionately recalls, ‘‘[Harry] was a great a warmth that touched many people. from Colorado will be recognized after cook!’’ My wife Fran and I keep Harry’s fam- the Senator from Ohio. Hary did not join the track team dur- ily—his parents Deborah and William; The PRESIDING OFFICER. Without ing his senior year because he wanted and his three sisters—Lynn, Bronwyn, objection, it is so ordered. to focus his attention on his upcoming and Kelley, in our prayers. (The remarks of Mr. ROBERTS per- military career. Still, however, he at- I would like to conclude my remarks taining to the introduction of S. Res. tended all of the school’s track meets, with an excerpt from a poem titled 329 are located in today’s RECORD under and, according to Coach Cox ‘‘he’d al- ‘‘American Hero, written by Harry’s ‘‘Statements on Introduced Bills and ways bring something homemade for cousin Jordan Michael Meyer. The Joint Resolutions.’’) the team.’’ poem is in remembrance of Harry: The PRESIDING OFFICER. The Sen- Harry was also a member of the He is out there on the front lines. ator from Ohio is recognized. school’s choir, and for four summers, He knows the risk. Mr. DEWINE. I thank the Chair. Harry worked at the Worthington mu- He knows the sacrifice. (The remarks of Mr. DEWINE per- nicipal pool doing various jobs, includ- He is going to put it all on the line and role taining to the submission of S. Res. 321 ing serving as a lifeguard. the dice. The man is fighting for a better life. are located in today’s RECORD under According to his mother, Harry was ‘‘Submission of Concurrent and Senate deeply affected by the September 11th The American soldier found his home after this brutal fight. Resolutions.’’) terrorist attacks. He enlisted in the Army’s pre-graduation program, and Now looking down upon us he sets flight. f Always keeping us in sight. shortly after his high school gradua- He won’t stop protecting us, day and night. HONORING OUR ARMED FORCES tion, he was inducted. He was stationed He is an American soldier, brought up on ARMY PRIVATE FIRST CLASS HARRISON J. in Korea and assigned to Headquarters love, alone, feeling so far from home. MEYER and Headquarters Company, 1st Bat- He hides his fear, doing anything to protect Mr. DeWINE. Mr. President, I rise talion, 503rd Infantry Regiment, 2nd those who are dear, knowing death is this evening on the floor of the U.S. Infantry Division, Camp Howze, before near. Senate to pay tribute to a brave, young leaving in August 2004, for Iraq. His He is a young man taking upon the sacrifice Ohioan, who lost his life while serving mom said that Harry’s selflessness was of a nation he holds dear. in Operation Iraqi Freedom. Army Pri- one of the reasons he decided to be- Harrison Meyer held his Nation dear, vate First Class Harrison J. Meyer, a come a medic after joining the Army. and we hold dear his memory. We will combat medic from Worthington, OH, In fact, according to Chris Begin, a never forget him. was killed on November 26, 2004, while good friend of Harry’s, Harry wanted to MARINE CORPORAL NATHAN R. ANDERSON attempting to rescue a wounded com- go on to medical school after returning Mr. DeWINE. Mr. President, while de- rade during a firefight. Born on Vet- from Iraq. ployed in Iraq, Marine Corporal Nathan erans Day—November 11, 1984—he was While in Iraq, Harry and his com- ‘‘Nate’’ Anderson made sure to write barely 20 years old at the time of his rades faced danger daily. Harry’s mom his family back home in Howard, OH, death. recalls that before he was killed, Harry as often as he could. After witnessing When I think about the sacrifices of had treated a dozen seriously wounded the death of a good friend, Nate wrote our men and women in uniform, I am soldiers. She said that ‘‘he knew (insur- that ‘‘the service of freedom demands reminded of something President Ron- gents) were targeting medics. He indi- sacrifice.’’ He tried to calm his fam- ald Reagan said about the strength of cated it was a very dangerous place. ily’s fears as he continued, ‘‘No wor- the American people. He said this: ‘‘But, he always told me—‘Don’t worry, ries. I will be fine wherever I end up. I Putting people first has always been Amer- Mom.’ ’’ have the Lord on my side and guardian ica’s secret weapon. It’s the way we’ve kept The dangers became too grave on No- angels on both shoulders. I am good to the spirit of our revolutions alive—a spirit vember 26, 2004 near Ar Ramadi. Harry go.’’ that drives us to dream and dare, and take was killed the day after Thanksgiving, I rise today on the floor of the United risks for the greater good. while trying to pull a wounded com- States Senate to pay tribute to this Harrison Meyer was always taking rade to safety during an insurgent at- brave Marine. With the Lord on his risks for the greater good—always put- tack on his unit. side, Nate left this Earth on November

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13330 CONGRESSIONAL RECORD — SENATE November 18, 2005 12, 2004, as he was killed while fighting of all our friends. He was the one who against Saddam Hussein and was will- insurgents in Al Anbar province in tried to keep us all together after grad- ing to do whatever it took to remove Iraq. He was 22 years-old. uation. He was an amazing person. We him from power. Nate gave his life the day after Vet- all loved him, and will miss him very I can accept criticism leveled at our erans Day, just over a year ago now. It much.’’ intelligence agencies for providing in- is fitting in a sense, given his deep de- Nate’s sisters remember him with accurate intelligence. I can accept crit- votion to protection our Nation. When great love, affection, and respect. His icism lodged against the Department of I think about Nate and the dedication sister Traci describes her brother as Defense for not sufficiently preparing of all our men and women in uniform, ‘‘soaring on wings like eagles. I salute for an Iraqi insurgency. I am reminded of something President you, my brother. I salute the way you I can even accept criticism that the Ronald Reagan once said about free- lived. I salute your sacrifice. I will al- Bush administration did not appro- dom. He said that ‘‘the task that has ways be in your debt.’’ priately prepare the American people fallen to us as Americans is . . . to Nate’s sister Meg said that he was for the cost of the war in Iraq. keep alive the hope and dream of free- her best friend. She last spoke to him What I cannot accept, what I feel is dom.’’ on the phone 2 weeks before his death, so irresponsible, and what is so dam- Nate Anderson accepted this task when he told her that they would be on aging to our nation are accusations wholeheartedly. He believed in free- a special mission. Meg said that Nate that suggest that President Bush delib- dom. And he believed that he had a told here ‘‘it’d be two weeks and not to erately lied to the American people mission to protect it and promote it worry. He said he loves me. He said about either the intelligence or about around the world. he’ll be home soon.’’ his reasons for going to war. Nathan Anderson was born in Zanes- At Nate’s funeral service, held at I was a member of the Senate Armed ville, OH on May 22, 1982. Growing up in North Bend Church of the Brethren, 400 Services Committee when the Presi- Apple Valley, Nate enjoyed hunting, mourners gathered to say goodbye. As dent requested Congressional author- fishing, snowboarding, and bull riding. the Reverend Patrick Bailey said, ization for the use of force against Iraq Older sister, Meg, remembers her ‘‘They had come to honor a great son, in 2002. I participated in numerous brother as a ‘‘happy and good spirited’’ an awesome brother, a great friend, a open and classified, bipartisan hearings kid who liked swimming, making mud fellow [marine] and hero.’’ and briefings on our intelligence re- pies, and riding roller coasters at Cedar Nate was all of those things and garding Iraq’s weapons of mass de- Point amusement park. She said that more. He loved his family. He loved his struction. The conclusions that I Nate was ‘‘the life of the party.’’ He country. He fought for freedom. And, reached, that President Bush reached, had a real zest for life. He loved coun- we will never forget him. His parents, and that many Democrats reached, try music, rodeos, and the military. Mary and Neil Shaw and Richard An- were the same. Even at the young age of 10, Nate derson; sisters Meg, Traci, and Kelly; We all agreed that Saddam Hussein dreamed of someday becoming a Ma- and his brother Adam all remain in our had weapons of mass destruction. We rine. thoughts and in our prayers. all agreed that he had used such weap- Nate attended East Knox High I would like to conclude my remarks ons in the past against Iran and Iraq’s School, where he was both a dedicated by reciting an e-mail message that was Kurdish populations. And, we all student and gifted athlete. Karen posted on an Internet tribute to Nate. agreed that he would not hesitate to Smith, a guidance counselor and teach- Someone who just signed her e-mail as use them against the United States in er, described him as ‘‘a very likable, ‘‘Amy of Ohio’’ wrote the following: the future. well-rounded young man’’ who had a Thank you Nate for your sacrifice—for pro- The U.S. Congress and President lot of friends. Nate’s football coach, tecting me and my children and for being our Bush were not alone in this assess- Chet Looney, said that Nate’s ‘‘con- hero. We hope and pray that your reward will ment. The intelligence agencies of tribution to the team was outstanding. be great in Heaven. To Nate’s family— we Britain, Germany, Russia, China, and pray for you and will never forget your son’s He was one of those guys you need be- courage or the price he paid for our great even France all believed Saddam Hus- cause he was a great team player. He country. May you find peace in God’s love sein had weapons of mass destruction. was kind of fiery at times and then and know your son will always be with you, The entire international community other times he was a jokester.’’ Kathy and you will one day be reunited. I hope and watched as Saddam used these weapons Frere, an English teacher at East Knox pray that all Americans are grateful of our to murder thousands of his own people. High, fondly remembers Nate. ‘‘He was men and women, sons, daughters, moms, Even the Chief United Nations weapons just a special student,’’ she said. ‘‘He dads, brothers, sisters, husbands, wives, and inspector, Han Blix, thought the chem- was so enduring. To know him is to grandchildren who are fighting for our free- ical weapons he discovered prior to the dom while we enjoy our lives in the comfort love him—it’s an old saying, but it’s of our own homes. Nate, you will never be war in Iraq were the ‘‘tip of a sub- true.’’ forgotten and will be our hero forever and al- merged iceberg’’. Following his high school graduation ways. God bless you and your family and God The fact is that the debate in Con- in June 2001, Nate’s dream of joining bless America. gress over whether to authorize the use the Marines became a reality. He was The PRESIDING OFFICER (Mr. VIT- of force was never about Iraq’s weapons assigned to the 1st Battalion, 8th Ma- TER). The Senator from Colorado is of mass destruction. Everyone thought rine Regiment, 2nd Marine Division, recognized. Saddam Hussein had them. In fact, 2nd Marine Expeditionary Force, based Mr. ALLARD. Mr. President, I ask even those who voted against the use of in Camp Lejeune, NC. In 3 short years, unanimous consent to speak in morn- force in Congress never questioned the Nate’s service took him to over ten ing business. veracity of our intelligence informa- countries, including his final deploy- The PRESIDING OFFICER. Without tion. ment in 2004 to Iraq in 2004. objection, it is so ordered. That is not because the Bush admin- Nate’s family recalled the pride that Mr. ALLARD. Mr. President, I rise to istration manipulated the intelligence Nate displayed as a result of serving discuss the situation in Iraq. that was presented to Congress, as his country and his desire to be the Critics of the Bush administration some have alleged. Indeed, a number of best Marine and the best son, brother, have recently gone out of their way to independent commissions since the war and friend he could be. try to convince the American people began have investigated this issue and April Buckingham, Nate’s close that the President misled our nation found the Bush administration did not friend and former high school class- about Iraq. Some are arguing most vo- distort intelligence information. The mate, described his outgoing and com- ciferously that President Bush pur- best known investigation was the bi- passionate personality as always up- posely withheld intelligence informa- partisan Senate Select Committee on lifting others. She recalls gathering tion from Congress. Others accuse the Intelligence, which stated unequivo- around the campfires that Nate often President of deliberately fashioning cally in its report that, ‘‘the Com- built, with the help of friends, in his U.S. intelligence to fit his own agenda. mittee did not find any evidence that parent’s backyard. She said that ‘‘Nate A few even suggest that the President Administration officials attempted to was an honest guy—the heart and soul had some kind of personal vendetta coerce, influence or pressure analysts

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13331 to change their judgments related to An agenda of disunity and surrender 1999. In fact, during 3 years in that pe- Iraqi weapons of mass destruction ca- will never lead to victory. We need to riod, it decreased in nominal terms by pabilities.’’ unite behind our Commander-in-Chief almost $50 billion. Therefore, if we agree that the Presi- if we are to defeat this enemy. It is my Actual dollars, or nominal dollars, dent did not lie about our intelligence hope that the President’s critics will went down in the defense budget over 3 on Iraq’s WMD programs, then the crit- see this imperative and finally do what years during that period by $50 billion, ics can only argue that the President is best for our Nation. and in every year during that period Bush’s rationale for going to war at the Mr. President, I yield the floor. military spending decreased in real time of the Congressional debate was The PRESIDING OFFICER. The Sen- terms. somehow flawed and unjustifiable. Here ator from Missouri is recognized. The reason was, some people thought I would again disagree. Mr. TALENT. I ask unanimous con- with the fall of the Soviet Union we During the debate, I joined with a sent to speak as in morning business. would need the military less. That was large majority of the Members of Con- The PRESIDING OFFICER. Without true for the nuclear arsenal, but not gress on both sides of the aisle who objection, it is so ordered. true for the people in the military. It voted to authorize force. We did so be- f turned out we needed conventional cause of two important facts—the same forces actually more than we needed DEFENSE BUDGET two facts offered by the President. them before the fall of the Soviet First, Saddam Hussein was in breach Mr. TALENT. Mr. President, I de- Union because deployments went up. of more than a dozen United Nations cided to come to the Senate for a few We found, in the post-Cold War era, Security Council resolutions. He con- minutes this evening to speak to the that regional conflicts around the tinued to refuse to cooperate with U.N. Senate because of growing concern world, the ethnic and religious and re- weapons inspectors even after a decade over the defense budget and, in par- gional conflicts that had been sup- of sanctions. He rejected proposal after ticular, the growing likelihood that we pressed by the bipolar nature of world proposal to conduct fair and trans- are going to see cuts in the defense competition, rose to the surface. parent inspections. budget so that next year’s budget is I remember reading what former CIA When he finally allowed inspections, lower than what the President had pro- Director Gates said about it. He said: Saddam did everything he could to un- posed for fiscal year 2007. History had not ended with the fall of dermine, cajole, and otherwise manipu- I am moved especially by a recent the Soviet Union. It had just been fro- late the inspections process. He gave ‘‘Inside Defense’’ column which reports zen before that. And he said: ‘‘Now it is every appearance of hiding large stock- that because of pressure from the Of- thawing out with a vengeance.’’ piles of weapons of mass destruction. fice of Management and Budget, the Well, when you spend less and less Second, a large bipartisan majority Deputy Secretary of Defense may well overall, at least as against inflation, of Members of Congress, including require that the service chiefs take $7.5 and you have to spend more and more nearly 30 Senate Democrats and 81 billion out of next year’s budget and on operations and maintenance, on House Democrats, voted to authorize $32 billion in cuts over the next 5 readiness, because you are actually the use of force against Iraq because, years—this at the end of the budget using the troops more and more, some- after September 11, it was clear that cycle, not as a result of an assessment thing has to give. You cannot take America could no longer afford to of military need or necessity. As I will more and more of a percentage for op- allow imminent threats to our nation show in a minute, one could hardly in erations and maintenance out of a go unhindered and unopposed. In most any dispassionate view of our military budget which is less and less, at least minds, Iraq represented a highly dan- needs believe we could absorb $7.5 bil- as adjusted against inflation, without gerous nexus between terrorism and lion in cuts next year because of proce- something giving. And what gave was weapons of mass destruction. In the dure that is budget driven. When I see procurement. context of Saddam’s decade-long defi- that, it reminds me of other things I We took basically a decade-long ance, it was a nexus that Members of have been hearing lately. I felt it was ‘‘procurement holiday.’’ By the last both sides of the aisle in both the Sen- deja vu all over again, as Yogi Berra few years of the 1990s most people real- ate and the House was no longer will- might have said. ized what was happening and we were ing to ignore. I remember the days in the 1990s able to push more money back into the When critics try to cover up their when military needs were determined defense budget, but it was not enough vote in support of the use of force by the budget rather than the budget to make up for what had happened be- against Iraq, they damage the credi- being determined by military needs. fore. bility of our government overseas and When the Berlin Wall fell and the Cold From 1975 through 1990, we pur- send a disheartening message to our War ended, our country was justifiably chased, on average every year, 78 scout soldiers, sailors, airmen, and marines pleased. We believed there was a peace and attack helicopters. From 1991 who are bravely defending freedom in dividend available. The Clinton Admin- through the year 2000, we purchased 7 Iraq and Afghanistan. istration took a lot of money out of the per year on average. For battle force When they falsely accuse the Presi- defense budget. I will go into that in a ships from 1975 through 1990, it was 19 dent of misleading the American peo- minute. They took too much out of the a year; 7 a year from 1991 to the year ple, they encourage the enemy who be- defense budget, and left a force that by 2000. For fighter aircraft for the Navy, lieves America will throw in the towel the end of the 1990s was hollowing out. we purchased 111 per year from 1975 and give up when the fighting gets Our military was not as prepared as it through 1990. We purchased 42 per year tough. should have been. We have been doing on average in the decade of the 1990s. I It is time for the President’s critics the best we can in the last few years to could go on and on. in Congress to remember why they reconstitute that force, but now we For tankers, we purchased 5 per year voted to authorize force against Iraq in may be headed in the wrong direction. on average during the 15-year period 2002. It is time for them to acknowl- I emphasize, this pressure is not from from the mid-1970s to 1990. In the mid edge the progress our soldiers are mak- within the Department of Defense. It is 1990s, we purchased one per year. For ing now in Iraq and Afghanistan. It is not what the Department wants to do. tanks, artillery, and other armored ve- time for them to recognize the success It is what the Department may be hicles listen to this, the basic plat- we have had against global networks of forced into as a matter of false econ- forms the Army uses; tanks, artillery terror. omy. There is no economy more false and other armored vehicles—we pur- And most of all, it is time for these than depriving our military and our chased 2,083 on average every year from critics to lay aside their own political men and women of what they need to 1975 to 1990. But we purchased 145 on ambitions and do what is right for defend us. average every year from 1991 through America. It is time for them join our Let me go over a little bit more of a the year 2000. Commander-in-Chief in the fight history lesson in some depth. Defense What happened is what you would against those who wish to destroy our spending actually decreased in real have expected. The average age of the Nation. terms every year from 1990 through force and the equipment in the force

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13332 CONGRESSIONAL RECORD — SENATE November 18, 2005 grew. Look at legacy aircraft, the A–10, reset or reconstitute the basic equip- marines, all concentrated in the West- the ‘‘Warthog,’’ 24 year old; the B–52 ment in the force. ern Pacific. They are closing the tech- bomber, 44 years old; the C–130 trans- In addition, personnel costs have nology gap and working steadily to de- port, 33 years old; the KC–135 tanker, 43 been higher than we anticipated be- velop an area denial capability which years old. The procurement holiday cause we wanted to do right by the is aimed directly at American left us with equipment that was too men and women in America’s military. strength. old. We voted for pay raises. And we should I am not saying they are going to use Well, what happened? Beginning at have. We have increased housing allot- it. I do believe strongly that the more the end of the 1990s, Congress and the ments. We have met the obligations we they believe we are going to be pre- President at the end of the Clinton ad- promised our retirees regarding health pared and ready, the more likely they ministration, and especially with the care. Those were good things. I sup- will be to seek peaceful redress of beginning of the Bush administration— ported them. But adjusted for infla- whatever concerns they may have, the began to respond. The Chiefs com- tion, personnel costs have increased more likely it is we are going to be plained to the point where people who from 1999 to 2006 from $92 billion to $109 able to avoid developing a didn’t get it earlier finally saw what billion annually. That alone would eat confrontational relationship with we were talking about. The decision up any of the real increases we had them. was made to increase spending enough planned and have been able to give the For all these reasons, we have not to sustain the volunteer force, to re- military in the last 5 years. completed the task of redressing pro- capitalize the basic equipment that we In addition, we are facing a threat, at curement shortfalls from the 1990s. We had not bought in the 1990s, and to least sooner, and certainly more seri- need 160 aircraft per year to keep the begin designing and producing the new ously—or a potential threat—than we average age in the inventory stable. In- generation of systems that the men thought we would have to face; and stead, we are purchasing 80 aircraft. and women in our military would use that is, the rising military power of The current plan is to purchase less for decades to come. China. China is engaged in a com- than one-half the number of new F/A– The plan was to increase defense prehensive effort to profoundly im- 22s the Air Force says it needs. This is spending by a modest amount above in- prove its ability to project naval power the superior air-to-air fighter. The flation, beginning around the year 2001, and to develop a comprehensive anti- Navy is at 283 ships, and that number is so that these needs could be met. There access capability in order to prevent going down. We purchased an average were many of us who were concerned the American military from having ac- of 5.6 ships per year over the past 10 that was not enough money. The De- cess into the western Pacific. years. You assume a 30-year service partment of Defense has traditionally I am not saying that China is going life. At that rate, it is eventually going been rather optimistic in its esti- to become, or need become, an enemy to give us a fleet of 170 ships. mation of costs. The CBO traditionally of the United States. I am saying that The last time the Department of De- has claimed we needed between $20 bil- China is rising as a world power. It is fense estimated the number of ships we lion and $30 billion more than even was very deliberately, according to plan, needed to be secure, it was 375. I expect estimated at that time. But at least we increasing in particular its naval that a reasonable Quadrennial Defense had a plan. It was a beginning. It was strength. If we are to deter some kind Review, looking at this, will produce a based on an actual if perhaps opti- of aggression or conflict, we need to be number no lower than 300. We are not mistic estimate of need. strong—not provocative, but we need purchasing ships at anywhere near the Unfortunately, the plan has not been to be strong in response. We did not an- rate we have to in order to sustain the as effective as we hoped in achieving ticipate, 5 or 6 years ago, that they Navy at that level. At that rate, our its goals, and particularly in recapital- would grow so strong so quickly. submarine force will drop below 40 in izing the force. There are a lot of rea- Their most significant advances are the next decade. Every recent study sons for that. One is that op tempo, in submarines. China will take delivery identifies the need for 55 to 76 sub- operational tempo, has been even high- of 11 submarines in 2005. We are going marines at a minimum. We need to get er than we expected after what we ex- to buy one. Its fleet includes an in- the shipbuilding budget up, and esti- perienced in the 1990s. It is what the creasing number of the following ves- mates range from $14 billion to $18 bil- military calls ‘‘mission creep,’’ a sig- sels: the Type 93 nuclear-powered at- lion a year to maintain a Navy at ap- nificantly expanded number and vari- tack submarine; Type 94 nuclear-pow- proximately 300 ships. We are not there ety of missions that drive up defense ered ballistic missile submarine, which yet. costs because they stress the force. Op- carries an ICBM with a range of more Now, additional reductions are being erations and maintenance costs go up, than 5,000 miles; and Russian-built proposed. Those reductions, if imple- readiness costs go up. Just staying in ‘‘Kilo″-class diesel electric attack sub- mented, will mean the defense budget place, just keeping the force you have marines. again will not grow, at least in real and the equipment you have main- By the year 2010, they may be able to terms. Most of the Department’s budg- tained and ready becomes more dif- deploy a fleet of up to 50 modern sub- et is basically committed. You cannot ficult. marines to confront us, should they short operations and maintenance. You But what was the mission creep? The choose to do so. Remember, they can cannot short readiness. You must pay September 11th attacks had something concentrate that power in the Western your people. You must provide the ben- to do with that, and then Afghanistan Pacific. efits you have committed to provide. and Iraq. Our Armed Forces have be- Among China’s surface combat ves- That means any budget cuts must come global first responders. We have sels, the most notable is the growing come almost entirely out of exactly homeland security missions now that number of Russian-built missile de- the platforms, the ships and planes and we never anticipated. Contingency stroyers which carry the SS–22 ‘‘Sun- tanks and vehicles that we have been peace enforcement missions around the burn’’ anti-ship missile, and the Type designing and developing to provide the world, special ops, and ongoing train- 72 large amphibious assault ship. In ad- new generation of capabilities that our ing operations. Operational tempo is at dition, China is developing and pro- men and women need to be able to de- a historic high. It is likely to remain ducing its own advanced fighter air- fend us. so. craft. It is procuring hundreds of ad- So proposals are afoot and rumors This means not only that we are vanced Russian-built Sukhoi fighters. are out that the Army is going to can- sucking up more money in operations China has deployed over 700 land-at- cel the Future Combat System. That is and maintenance, it means the equip- tack ballistic missiles opposite Tai- the Army’s system to replace the older ment we have is being used up even wan. It is adding over 100 new missiles tanks, the Bradley fighting vehicles, to faster. Even if you maintain it prop- each year. make sure the technology is adequate, erly, if you are using it at a greater I could go on for a considerable pe- the information technology is rate than you anticipated, it is not riod of time. The upshot of that is, by networked together. FCS is the system going to last as long. We face a situa- the end of the decade, China may be designed to give us the most modern tion where we are going to have to able to field, as I said before, 50 sub- ground combat capabilities. All of this

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13333 is potentially on the chopping block. et in the name of reducing the deficit is doing something very important, very The next generation destroyer, the a false economy. I ask Senators to con- large. He was sacrificing, and his sac- DD(X), may not get built. That is the sider the world situation today. The rifice was a measure of the value he ship that is going to provide naval sur- stability of the international order in placed on the freedom of his country face fire to support troops going the world depends on the reality and and the security of his family. ashore. The Joint Strike Fighter, our the perception of American military Those young men and women in stealthy air-to-ground strike fighter, power. The more stable the world is, America’s military will keep faith with which we have been developing for the more hospitable it is to freedom us. They are going to do what we ask years, is on the chopping block. The and to our interests, the faster our and expect them to do to protect us. new tanker is imperiled. The need for economy will grow, and the more We owe it to them, particularly in the additional airlift is imperiled. This sit- money we will have available, not just Congress. We owe it to them, to keep uation is serious. for defense spending but, indeed, for all faith with them. They protect us. They What do we need to do? The Department is other obligations of the Government. count on us to protect them, to do engaged right now in a Quadrennial Defense That is something President Reagan what we know is necessary to provide Review. Every 4 years the Department looks understood. When he became President them with what they need to do their at its needs and is supposed to analyze what in 1981, he began building up America’s jobs. it needs to defend us and analyze that in defenses. He had double-digit spending Let’s live up to that. Let’s have con- terms of military needs, not fiscal con- fidence that doing the right thing, straints. In other words, the way the law increases in the military budget. He reads, they look at what structure of forces, knew that was a key aspect of winning meeting our obligations with regard to what package of capabilities they need to de- the Cold War. He got the attention of the national defense, is the best way to fend the United States, and then we try to the Soviets. After a few years, they de- approach the future, both economically come up with the money to pay for that. cided it was not worth it to try to com- and as a matter of foreign policy and as Well, I am concerned that the anal- pete with the United States in that a matter of the Nation’s security. I yield the floor. ysis may be the other way around. arena. That was one of the key factors They may be given a figure, a budget that led to the fall of the Soviet Union. f number, and told to come up with a And the freedom that resulted from FOREIGN OPERATIONS force structure and a package of capa- that, the end of the isolation of East- APPROPRIATIONS bilities that meet that budget number. ern Europe, the opportunities that They must be allowed to assume rea- Mr. FRIST. Mr. President, Thursday were unleashed on the world are one of night, on the eve of Veterans Day, we sonable inflation-adjusted increases in the reasons that we had unparalleled the defense budget for the future and passed the Foreign Operations appro- economic growth all throughout the priations bill with near unanimous, bi- then be allowed to build the package of 1990s, which then enabled us to balance capabilities and force structure needed partisan support. I commend my col- the budget and eventually get to a sur- to defend the United States. leagues for their cooperation on this plus. That Quadrennial Defense Review bill which is so critical to America’s If, as a result of budget-driven deci- needs to be military driven, not budget security. sions, we reduce the defense budget be- driven. Then, in the meantime, while I especially recognize Senator MITCH neath what is minimally adequate, we MCCONNELL for his steady leadership. we wait for that review, we should create a sense of instability in the Diplomacy and foreign policy are es- stick with the planned figure for fiscal world, a doubt about our resolution to sential pillars of our national security. 2007. Every year, the Department sends maintain our obligations and to pro- They reflect America’s values, prin- its budget here. And, of course, the key tect our freedom. If that even mini- ciples, and vital interests. number is the number for the upcom- mally increases the possibility of a This $21 billion appropriations bill ing fiscal year, but it is always a 5-year promises to promote democracy, sta- defense plan. In the first few years of confrontation somewhere in the world, it will affect our economic opportuni- bility, and prosperity, and strengthen the Bush administration, to the credit America’s security here at home and of the Department and the administra- ties and our economic growth far more than anything we could possibly save around the world. tion, they have basically stuck to their It also promotes America’s leader- projections year by year, with fairly by reducing the defense budget, to put it on just as low and cold a level as pos- ship in the arena of international aid. minor deviations. Targeted foreign assistance is an in- The figure for fiscal 2007 that we were sible. A strong defense, the perception of American will and resolution is good valuable instrument for spreading given last year is $443 billion, and that democratic values, and improving the for the economy. It is necessary if we is the figure that should come over. We health and welfare of our neighbors are going to grow as a country, create should not sacrifice our defense re- close to home and around the world. It jobs, and generate the kind of revenue quirements for deficit concerns. What- can promote economic growth and op- that will allow us to address the def- ever your feelings about the deficit and portunity in even the poorest of na- about how we ought to resolve the def- icit. tions. icit, it is not caused by the defense I offer a personal note on behalf of The Foreign Operations appropria- budget. this issue. The men and women who de- tions bill includes several provisions The defense budget is 48 percent of fend us in our military are the finest that advance these efforts. I would like discretionary spending. It was just people who have ever served in any to take a moment to share some of about the same in the Carter era. The military service at any time in the Na- them. defense budget as a percentage of the tion’s history. They know the obliga- The defeat of Global HIV/AIDS is one total budget is 17 percent, which is 6 tion that they are undertaking. They of the world’s greatest humanitarian percent less than it was in the Carter undertake it willingly. Over Veterans challenges. In many countries, an en- era. As a percentage of gross domestic Day, I attended a few rallies around tire generation of productive adults product, it is 3.6 percent which, again, Missouri. I like to do that in com- has been wiped out by this one, tiny, is less than it was in the Carter era. memoration of the men and women malicious virus. The funds set aside to The military budget has not caused the who have served. I was in Lebanon, battle the HIV/AIDS virus target relief deficit that we are dealing with today. MO, and met a number of our service where it can do the most good and In fact, if we could just sustain defense personnel who were there. One of them make the biggest difference. spending at 4 percent of the gross do- was a recent enlistee in the National Under this legislation, America is mestic product, which would be an his- Guard, a young man who was proud to committed to providing $2.82 billion for toric low, that would be more than ade- wear his country’s uniform, proud at Global HIV/AIDS relief. That includes: quate for us to build the kind of force the prospect that he might be actively $2 billion for the Global HIV/AIDS Ini- structure that we need to defend our involved, as I am sure he will be, in tiative; $250 million for HIV/AIDS from country. That is not too big a sacrifice helping our Nation win the war against the Child Survival and Health Pro- to pay for this Nation’s security. terror. grams Fund; and a $450 million con- I said at the beginning of my re- We had an opportunity to visit. He tribution to the Global Fund to Fight marks that reducing the defense budg- understood that in doing that, he was AIDS, tuberculosis, and malaria.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13334 CONGRESSIONAL RECORD — SENATE November 18, 2005 By providing this desperately needed TRIBUTE TO MR. BEN this Nation. Nearly 2,100 Americans help, we save lies, strengthen alliances, WORTHINGTON have died in Iraq, and more than 15,000 and promote peace and stability. Mr. MCCONNELL. Mr. President, I others have been injured. It is impor- I have often talked about humani- rise today to pay tribute to a dedicated tant that we honor their sacrifices and tarian aid as a currency for peace. The steward of our national forests, Mr. the sacrifices of those who came before Foreign Operations appropriations bill Ben Worthington. Last month, Ben re- them. I would like to take a few mo- wisely sets aside targeted funding for tired from the National Forest Service ments to talk about the four legendary global health programs to advance that after 32 years of service. For the last 10 marines commemorated on the new cause. of these years, my home State of Ken- stamps. A1ong with tackling the Global HIV/ tucky was fortunate to have him serve LTG John A. Lejeune is probably the Aids crisis, the Foreign Operations ap- as forest supervisor of the Daniel best known of this fabled four. Re- propriations bill supports the Child Boone National Forest. garded as ‘‘the greatest of all leather- Survival and Health Programs Fund. Ben began his forestry career at necks,’’ Lieutenant General Lejeune These funds help reduce child mor- Washington State University, where he made history in World War I as the tality and morbidity, and combat earned a degree in forest management. first marine to lead what was predomi- other, serious public health problems. After graduating, he joined the Peace nantly an Army division. He was One of the most important public Corps and was relocated to Costa Rica awarded the Distinguished Service health crises this bill addresses is the for 2 years. Upon his return, he worked Medal from both the Army and the lack of clean, drinkable water in many for the Forest Service in his home Navy, as well as the French Legion of regions of the world. State of Oregon and eventually in Honor and the Croix de Guerre with Every 15 seconds a child dies because Washington State and California. Be- Palm for his service during World War of a disease contracted from unclean fore moving to Kentucky, he was the I. He is best known, however, for his water. Fully, 90 percent of infant deputy forest supervisor at Bridger foresight and determination to enhance deaths can be attributed to this one, Teton National Forest in Wyoming. the Marine Corps by introducing spe- basic cause. As forest supervisor of the Daniel cialized amphibious assault capabili- 1n total, water-related disease kills Boone National Forest, Ben oversaw ties into Marine Corps training. Ma- 14,000 people a day. That is over 5 mil- the day-to-day operation and preserva- rines today annually read his 1921 lion people a year, not counting the tion of Kentucky’s only national for- Birthday Message Order that summa- millions who are debilitated and pre- est. The Daniel Boone National Forest rizes the history, mission, and tradi- vented from leading healthy lives. covers over 700,000 acres of land from tions of the Marine Corps. Cholera, typhoid, dysentery, dengue LTG Lewis B. ‘‘Chesty’’ Puller rose fever, trachoma, intestinal helminth the northeastern part of the Common- wealth of Kentucky all the way to the through the ranks from private to be- infection, and schistosomiasis can all come one of the Marine Corps’ most be prevented by simply providing Tennessee State line, and also includes some noncontiguous counties in east- celebrated leathernecks. His distin- clean, drinkable water and proper sani- guished service and leadership during tation. ern Kentucky. This Kentucky treasure has something for every outdoor enthu- critical battles in the ‘‘ Banana Wars,’’ Funding for the Safe Water: Currency World War II, and the Korean War for Peace Act, which I cosponsored ear- siast. With over 600 miles of trails, it can be hiked, biked, and explored on earned him five Navy Crosses and made lier this year, will go a long way to him one of the most decorated marines providing this simple, but profound ne- horseback. Visitors may also fish, hunt, and camp in the forest, making it ever. He led marines in two of the cessity. Corps’ most daring assaults: at Guadal- In addition to providing Foreign Op- a popular weekend getaway or vacation canal in World War II; and at Inchon in erations needed and targeted humani- destination. the Korean Conflict. He died in 1971 and tarian aid, the Foreign Operations ap- I had the privilege to team up with is still revered in the Corps today for propriations bill advances the critical Ben by securing funds over the years to his courage in combat and his ability work of stopping the spread of WMD. help with the marijuana eradication to inspire confidence and loyalty and We are working closely with our operations on or near the national for- for the attention and respect he showed friends and allies to secure stockpiles est land. Ben and his staff have worked to those under his command. of WMD-related materials and tech- in lockstep with the local sheriff’s de- SGM Daniel J. Daly is one of only nology and to make sure our allies partments, the Kentucky State Police, two marines to be awarded two Medals have the ability to protect these sen- and the Kentucky National Guard to of Honor for separate acts of heroism. sitive materials. identify and destroy marijuana plants. According to the ‘‘Historical Dic- The Foreign Operations appropria- They have done a terrific job, and I tionary of the United States Marine tions bill provides over $410 million to- know that Ben’s success will be carried Corps’’, his ‘‘record as a fighting man ward our nonproliferation, anti- on by his successor. remains unequalled in the annals of terrorism, and demining efforts. After working for 32 years in the For- One of the gravest threats we face is est Service, Ben plans to remain in Marine Corps history’’ nearly 70 years the threat of WMD falling into our en- Kentucky. His wife is active in their after his death. In 1900, Sergeant Major emy’s hands. local community of Winchester, his Daly was sent to China, where he We cannot, we must not, let this hap- mother now calls Kentucky home, and earned his first Medal of Honor during pen. his two children attend Western Ken- the Boxer Rebellion. In 1915, he was Ultimately, the goal of each and tucky University. Ben’s work ethic, sent to Haiti, where he earned his sec- every one of our foreign operations pro- dedication, and love of the land will be ond Medal of Honor fighting off nearly grams must be to promote America’s greatly missed, but it is time for him 400 bandits. He saw combat as a gun- security and America’s values. And as to start a new chapter, and I wish Ben nery sergeant in France during World the last century taught us, our secu- the best in his retirement. War I and was awarded the Distin- rity and our values must go hand in f guished Service Cross and the French hand. Government’s Croix de Guerre with Whether for humanitarian, diplo- HONORING SGT. JOHN BASILONE, Palm. He retired in 1929 and died in matic or security purposes, effective ‘‘A PLAIN SOLDIER’’ AND THREE 1937, and remains a legend to all ma- foreign assistance advances our vital OTHER MARINE LEGENDS rines. interests and protects the homeland. Mr. DURBIN. Mr. President, last The fourth of the legendary marines The United States remains com- week, on the 230th anniversary of the honored on the new postage stamps is mitted to eliminating poverty, expand- U.S. Marine corps, the U.S. Postal the only one the four killed in combat. ing prosperity, and strengthening do- Service unveiled a long-awaited set of One writer described him as a ‘‘big, mestic institutions abroad. postage stamps honoring four of the handsome Marine with jug ears and a And by doing so, we advance our se- corps’ greatest heroes. smile like a neon sign.’’ GEN Douglas curity and prosperity right here at Today, a new generation of Ameri- MacArthur called him ‘‘a one-man home. cans are risking their lives to serve Army.’’

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13335 Marine GySgt John Basilone was 1 of cific Campaign Medal, World War II much a patriot, very much a military 10 children of an Italian-born tailor, Victory Medal, Presidential Unit Cita- man. He was a person who wanted to do Salvatore Basilone, and his wife Dora. tion with Star, and Presidential Unit what he could for his country.’’ He was born in Buffalo, NY and raised Citation with Bar. We must remember Private First in Raritan, NJ. After the war, John Basilone was re- Class Yancey’s family, in both Georgia He enlisted in the Army when he was buried at Arlington National Ceme- and Iowa, and stand with them during 18 and served in the Philippines, where tery. In 1949, the USS Basilone, a de- this time of loss and grief. The he picked up the nickname ‘‘Manila stroyer, was commissioned in his thoughts and prayers of countless John.’’ He fought as a light heavy- honor. Today, a life-sized bronze statue Americans go out to Private First weight prizefighter in the Army, going of him watches over his hometown of Class Yancey’s family and friends. He undefeated in 19 fights. He received an Raritan, NJ, and in 1981, Raritan began did not die in vain, but rather gave his honorable discharge after completing a parade in his honor. It remains the life for the promotion of freedom and his 3-year enlistment, returned home, only parade in the Nation dedicated to security around the world. He will be and worked briefly as a truckdriver. the memory of one veteran. sorely missed, but will also be an inspi- In July 1940, sensing war clouds on The National Italian American Foun- ration for future brave Americans for the horizon, John Basilone enlisted in dation, the Order of the Sons of Italy of years to come. the Marine Corps. In October 1942, he America, the Sergeant John Basilone f was serving with the 1st Battalion, 7th Foundation, and veterans and marines Marines, 1st Marine Division, on Gua- organizations worked long and hard to U.S. MILITARY PERSONNEL dalcanal. For 6 months, the Army and see this ‘‘plain soldier,’’ as John SERVING IN IRAQ Marines had fought a bloody battle to Basilone called himself, included Mr. SANTORUM. Mr. President, I hold a critical airfield on that island. among the marine heroes honored on rise today to share with my colleagues On October 24, GySgt John Basilone the new stamps. We thank them for another positive story from a member and 14 other marines were ordered to helping to make a new generation of of the U.S. Armed Forces currently hold back many times that number of Americans aware of the service and serving in Iraq. His story, once again, elite Japanese troops. sacrifices of this son of an Italian im- depicts the frustration that so many of A private first class serving under migrant, a true American hero. our servicemembers have with the lack him would later recall that, ‘‘Basilone When he died, The New York Times of public attention in the U.S. to the had a machine gun on the go for three noted in an editorial that there always humanitarian and military successes of days and three nights without sleep.’’ had been Americans like John their work in Iraq. He fired machine guns, fixed guns, and Basilone, willing to fight for their I recently received a letter in the crawled repeatedly through Japanese country even when they knew their mail from Ms. Ann Sensenich of Boil- lines to get more ammunition. When luck wouldn’t last. ‘‘The finest monu- ing Springs, PA. Ms. Sensenich wrote the sun rose the next morning, the ma- ment they could have,’’ the newspaper to me: rines still held the airfield, and John said, ‘‘would be an enduring resolve by DEAR MR. SANTORUM: Enclosed is a copy of Basilone was credited by his men with all of us to this time fashion an endur- a letter I received from one of our soldiers giving them the will to fight on the ing peace.’’ serving our country in Iraq. I am forwarding most terrifying night of their lives. Let us never forget how much we owe this to you as I feel this is a letter that For his heroism at Guadalcanal, John Basilone and all those who have should not be viewed by only my eyes. John Basilone was awarded the Con- I have been sending packages to my em- given so much, over so many genera- ployer’s son in Iraq and he forwards them on gressional Medal of Honor and ordered tions, so that we can live free. to his soldiers and this is one of the re- home to take part in a war bonds tour. . sponses I received. The tour brought in $1.4 million in f Please share this letter with anyone you pledges. He crisscrossed the country, feel would appreciate the service of this and met Hollywood startlets, and even met HONORING OUR ARMED FORCES all our U.S. soldiers defending our country his wife, another marine, at Camp Pen- PRIVATE FIRST CLASS DUSTIN YANCEY and keep in mind he indicated he would go dleton. He could have remained state- Mr. GRASSLEY. Mr. President, back seven times before he would let terror- side for the remainder of the war but, today I address the Senate in tribute to ists on our soil. Thank you for reading this and please he turned down the bars of a second PFC Dustin Yancey, originally from share his words with others. lieutenant because, he said, he didn’t Cedar Rapids, IA and more recently Sincerely, want to become ‘‘a museum piece.’’ In from Goose Creek, SC. Private First ANN B. SENSENICH. his words, ‘‘I’m a plain soldier, and I Class Yancey was tragically killed on Attached to Ms. Sensenich’s cor- want to stay one.’’ So just before November 7, 2005 during Operation respondence is the letter that a de- Christmas 1944, he kissed his new wife Iraqi Freedom. His Humvee was struck ployed servicemember wrote to her goodbye and rejoined his ‘‘boys’’ in the by an improvised explosive device and when her package was shared with fel- Pacific. both Private First Class Dustin Yancey low servicemembers. He wrote: On February 19, 1945, SGT John and Captain James M. Gurbisz were DEAR ANN SENSENICH, I am deployed with Basilone was serving with the 1st Bat- killed. Private First Class Yancey the 3/3 ACR. We received your package, and talion, 7th Marines, 5th Marine Divi- served with the 26th Forward Support I just wanted to take a little bit of my time sion during the first day of the inva- Battalion, 2nd Brigade, 3rd Infantry Di- to say thanks. sion of Iwo Jima. He was on the island vision based in Fort Stewart, GA. He Your package helped with the morale of a less than 2 hours when an enemy artil- was only 22 years old. lot of soldiers. Due to the negative feedback lery round exploded, killing Basilone I ask that the Senate, the people of we get from the media and people back and four members of his platoon. He Iowa, and all Americans stand today home, it is nice to receive a package from had just destroyed an enemy block- and recognize the sacrifice that Private someone who supports us and what we do. People like you are the reason why we house, enabling the marines to capture First Class Yancey made yearlier this fight this war. We sit over here day to day another critical airfield. On his left month. Our country has survived risk getting shot at or having mortar rounds arm were tattooed the words ‘‘Death throughout the centuries due to the dropped in on us so that the people back before Dishonor.’’ John Basilone was 27 brave men and women who have com- home (like yourself) can keep on enjoying years old. posed our Armed Forces, and I am sad- the freedoms that a lot of people take for He was awarded the Navy Cross and dened to announce to the Senate that granted everyday. I, myself used to take Purple Heart posthumously, making another of our bravest will be buried in those things for granted also until I was de- him the only enlisted marine in World Arlington National Cemetery. ployed to fight for our freedom. This is my War II to be awarded the Congressional We could all learn from the patriot- second deployment, and this is the first time that we have received a package from some- Medal of Honor, the Navy Cross, and ism and spirit of Private First Class one in the states. So, thank you for your un- the Purple Heart. He was also awarded Yancey. His cousin, Brian Yancey of selfishness, and don’t ever feel bad for the the American Defense Service Medal, Cedar Rapids, IA, remembered that soldiers that are over here fighting this war. American Campaign Medal, Asiatic-Pa- Private First Class Yancey ‘‘was very This is our job! This is what we were trained

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13336 CONGRESSIONAL RECORD — SENATE November 18, 2005 to do. I would come back over here seven The producers of U.S. food and fiber with minimal substance? That’s what more times before I let these terrorists on no longer are producing for the U.S. worries me and should worry American our soil. You can sleep safe in your home to- market alone. Those days are gone for- farmers. U.S. production agriculture night, enjoy every warm meal you have, ever. Our farmers are part of the global has been a partner in the international enjoy your warm shower tonight, and wake economy. In fact, because they are so up to a free world tomorrow because we are effort of our trade negotiators to gain over here fighting for you and your family. efficient, they produce in excess of market access. But how long can the Once again—Thanks! I just wanted you to what the U.S. can consume and must partnership last if the round fails? know that your package that you sent did gain access to global markets to ex- Where do farmers and ranchers put not go unnoticed. pand sales opportunities. their efforts if the latest round of nego- Mr. President, these stories need to Yet many markets overseas remain tiations fails to live up to its promise? be told. Our soldiers are sacrificing closed to U.S. producers because of The European Union, for example, in- their lives for us; they are putting high tariffs applied against U.S. ex- sists that dairy is sensitive and de- themselves in harm’s way each and ports. Particularly egregious are the serves special protection. How can the every day over there, and missing valu- tariffs imposed by the European Union dairy farmers of the U.S. be convinced able time with their families and loved and Japan among developed economies that overseas market access is the key ones. They need to know that we sup- and by certain developing countries to increased profitability if the Euro- port them, and that their bravery and such as India and Brazil, where they pean market remains unavailable be- hard work is not going unnoticed. continue to claim developing status de- hind high tariff walls? I am concerned We cannot allow critics here in the spite making major advances in cer- that agriculture will lose patience with United States to influence the men- tain sectors of their economies. the trade negotiation process and re- tality of our troops. They need to know These issues have been discussed at turn to familiar domestic farm pro- that we stand with them and that we the WTO during the past 4 years of the grams to augment its income because support their invaluable mission. current Doha Development Round, the world market could not. What do with little movement in agriculture. In f responsible Members of Congress do an effort to move the round forward, then, facing the kind of fiscal con- WHAT’S AT STAKE FOR U.S. AGRI- the U.S. last month put forth in Gene- straints we do in 2006, just as existing CULTURE IN THE NEXT TWO va an aggressive proposal to jumpstart farm programs expire? MONTHS? the stalled negotiations. Since U.S. There is real potential under those Mr. SANTORUM. Mr. President, our tariffs already are low compared to our circumstances for backlash. Testimony top U.S. trade negotiators traveled this trading partners, there was little the by commodity groups earlier this week and last in Europe, Africa, and U.S. could offer in market access to en- month in the House has telegraphed Asia. They are making a concerted ef- courage comparable reductions. So the that already. Wheat, corn, and soy pro- fort to encourage certain influential U.S. proposed to pull back its own do- ducers all expressed reservations at the countries among our 148 trading part- mestic subsidies in exchange for sig- degree of ambition and commitment to ners in the World Trade Organization nificant cuts by our trading partners in trade liberalization shown by U.S. to put meaningful agricultural offers the tariffs protecting their market ac- trading partners, particularly the Eu- on the table in Geneva. We are coming cess. ropean Union and the G–20 group of de- The rationale behind the offer is that down to the wire in the most recent veloping nations, as evidenced by their U.S. producers are so efficient that round of multilateral trade negotia- counter proposals to the U.S. proposal they require minimal domestic sub- tions, referred to as the Doha Develop- in the WTO. U.S. producers are savvy. sidies, as long as they have unfettered ment Round. The offers that our trad- They see the inadequacy of those offers access to expanding markets. Those ing partners put on the table in the by our trading partners and have no in- markets increasingly are found over- next month or two are the starting seas where the increased prosperity of tention of venturing too far in the di- point for agricultural negotiators. growing middle classes demands the rection of liberalized trade alone with- That deal in agriculture will be com- kind of dietary diversity and conven- out a very strong safety net. The weak- bined with the results of similar nego- ience we have long enjoyed. U.S. pro- er the commitment to reform among tiations in the manufacturing and serv- ducers and food manufacturers can sup- our trading partners, as evidenced by ices sectors of the economy. Together, ply both that diversity and conven- the degree of success in the Doha De- they constitute the outcome of the ience and supply it year in and year velopment Round, the more expensive round that has been going on for the out. will be the net required by our pro- last 4 years. Without a deal in agri- But not all agriculture is as efficient ducers. That’s bad news for those in culture, however, the Doha Develop- as that in the U.S. Rather than im- Congress wishing to lead their agricul- ment Round will falter. prove efficiency, some countries pro- tural producers toward a more produc- While bilateral trade agreements are tect producers excessively with high tive and profitable model based on in- beneficial to U.S. exporters, it is tariff barriers to market access. And creased markets overseas, where 95 per- through multilateral negotiations that they are not forthcoming with offers of cent of the world’s consumers live. across-the-board tariff reductions can significance to begin the process of re- A recent study by Australia, a lead- be achieved. That is why the Doha De- ducing those barriers. Frankly, there ing member of the Cairns Group of velopment Round is so crucial. isn’t much time left. The round ends at trade-liberalizing nations within the The agricultural negotiations are sig- the end of 2006, and the initial offers WTO, underscores the potential loss if nificant to all of us representing states for negotiation should be on the table the more robust proposal of the U.S. in with agricultural constituencies. In the this December at the Hong Kong min- the WTO is not realized. Australia’s ag- case of Pennsylvania, production agri- isterial meeting so negotiators are able ricultural economics bureau, ABARE, culture generated $4 billion in cash re- to assemble the final package of tariff estimates the U.S. proposal would de- ceipts in 2003, according to USDA sta- reductions and subsidy cuts in the next liver an extra $17.5 billion in gross in- tistics. That’s $4 billion for the pro- year. They will need every minute to come per year to U.S. farmers from in- ducers of livestock and commodities in do so. creased exports. Much of that increase my State. Pennsylvania generates only After last week in Europe, the Sec- would flow to producers of meat and 2 percent of agricultural cash receipts retary of Agriculture and the U.S. fruit and vegetables, who would benefit received by producers nationwide, so Trade Representative were far from op- from increased market access. In fact, you can imagine how important agri- timistic that the Hong Kong ministe- the U.S. proposal would benefit all effi- culture is to the 31 States with larger rial meeting would grapple with the cient producers in the world, according agricultural economies. Then there is type of formulas to be used in cutting to ABARE. the added value to the Pennsylvania tariffs or with the number of ‘‘sen- This is not the time to accept less economy of further processing and sitive’’ products that countries could than the U.S. proposal in the negotia- manufacture of food products and their declare protected behind a high tariff. tions. ABARE estimates the European export. Virtually every State has a And what happens if there is no Union proposal would yield only about stake in these negotiations. agreement or a face saving agreement $3 billion, barely enough to account for

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13337 assumption variables in the study, and REPRESENTATIVE JOHN ber of subjects for good faith collective it would continue to protect a number MURTHA’S SPEECH bargaining. of its product lines where the U.S. Mr. AKAKA. Mr. President, I rise For this reason, I am pleased that stands to gain the most from market today to talk about Representative the employee unions have gone to Fed- eral court to challenge the regulations, access. The proposal of the G–20 group JOHN MURTHA’s statement on Iraq. in the same fashion that they chal- would yield an extra $7.5 billion per JOHN MURTHA is right. We need an exit year, a bare minimum. strategy from Iraq. The administration lenged the Department of Homeland Security regulations. I hope they will Moreover, the benefit to U.S. produc- should have had one before the war. prevail in their call for injunctive re- tion agriculture from increased earn- As I and other Members of Congress consistently requested before Oper- lief, as they did in the Homeland Secu- ings under the U.S. proposal would pro- rity case, as well as to prevail in the vide latitude for writers of the next ation Iraqi Freedom, OIF, began, it was imperative for the administration to final disposition of both cases. farm bill to adjust domestic programs While I would be the first to say that to accommodate two important reali- have a plan for both entering and, now more importantly, for exiting Iraq. We the Federal civil service system is not ties. Some of our domestic programs perfect, it is a system that has with- have been ruled trade-distorting under are 2 years into OIF with no clear end in sight. There is no excuse for not stood the test of time as fair and im- the WTO. Ultimately we will have to partial. To overhaul it in favor of vest- reform these programs. Either we having one now. We must provide the Iraqi people ing the subjective power to hire, fire, change our farm programs now by ne- discipline and promote in the hands of gotiation in the WTO where we can get with the tools necessary to stand on their own. Only the Iraqi people can re- a few political appointees is very dan- something in return for them, or we gerous. At this point, the ‘‘seemingly will be forced to change them by litiga- build Iraq. Only the Iraqi people can defend Iraq. We cannot do it for them. acceptable’’ national security rationale tion by which we don’t get anything for We cannot want it more than they for the wholesale stripping of employ- them. Here is the perfect opportunity, want it. What we must do is provide ees’ rights fast begins to lose its luster. where we can gain market access and them with the means to accomplish It is no longer reasonable. There seems income to offset changes made domes- this, but what we are unable to do is to to me to be an inherent conflict. In the tically. give them the will. name of national security, this admin- The second reality is the cost of farm Whether we leave Iraq tomorrow, or istration is willing to deny its own programs. That cost may not seem like in 6 months, or longer, the President workers a small modicum of security— much in years of little budget competi- needs to tell the American people when employment and family security—espe- tion. But today we are in a budgetary and how we will be able to withdraw cially when I do not believe it is nec- climate where any policy that depends our troops. We cannot afford to lose essary to achieve our goal of national security. I call into question the moti- on government financing is subject for more Americans in Iraq. vations behind their actions. review. There is strong competition for JOHN MURTHA is a great patriotic My position on the Pentagon’s American. His service in the military public outlays, and an effort to reduce issuance of the NSPS regulations is and in the U.S. Congress cannot be the deficit places new scrutiny on all what I believe any decent fellow would measured. Those who disparage him programs. say: Now is the time for our Nation to tarnish only themselves. We all have just experienced the come together in support of our armed Everyone who knows JOHN MURTHA budget reconciliation process in Con- services abroad. To do so, we must knows that he believes in his heart and gress. In agriculture, we were obligated stand behind our civilian defense work- soul in the American military and he to find $3 billion worth of savings to force from whom we are demanding will do everything he can to help them. accommodate budget targets. That is great productivity in support of our He should be listened to for what he just the beginning, and we are well ad- troops. has done, for who he is, and because he vised to know the alternatives avail- Now is not the time to be divisive is right. able to us to make adjustments in im- and punitive of our Federal workforce. portant programs in advance of the f It creates low morale, mistrust, and a need. This WTO negotiation provides NATIONAL SECURITY PERSONNEL decreasing level of respect between the U.S. with the opportunity to con- SYSTEM REGULATIONS worker and management. The con- vert its aggressive proposal for reform sequences stemming from such insta- into real income for farmers and agri- Mr. INOUYE. Mr. President, I am bility, could be dire. For me, the stakes business. For instance, if the U.S. pro- very disappointed with the U.S. De- in terms of human lives are too high to gram crops like wheat, corn, rice, and partment of Defense and Office of Per- be taking such a gamble. United we soybeans continue to be under pressure sonnel Management’s final regulations stand—civilian and military together. in the WTO for the portions of their do- for the National Security Personnel Divided we could fail. System, NSPS, that will affect more mestic subsidy programs that ‘‘dis- f tort’’ trade, the advent of the next than 350,000 defense civil service em- ployees throughout our Nation. What NATIONAL DEFENSE farm bill provides us a chance to con- makes the new system dangerous is AUTHORIZATION ACT vert supports for those crops into a for- that upon a cursory glance, it would al- mat that conforms to WTO guidelines. Ms. SNOWE. Mr. President, I rise to most appear ‘‘acceptable’’ in the name In return, we gain the market access speak in favor of my amendment No. of national security. Scratch the sur- 2528, unanimously adopted into the Na- from our trading partners to sell them face, however, and it becomes very tional Defense Authorization Act for U.S. fruit and vegetables, meat and alarming. fiscal year 2006, to provide targeted size dairy products, and other specialty The rhetoric does not match reality. standard relief for small U.S. contrac- crops not previously allowed into their U.S. Defense Secretary Donald Rums- tors incurring extraordinary security markets in sufficient quantity. feld in public testimony stated that and protection costs on foreign battle- If we don’t succeed in opening those these new regulations ‘‘would not end fields in the global war on terror. opportunities for U.S. agriculture, we collective bargaining,’’ but, rather, Right now, in Iraq and Afghanistan, will have nothing with which to per- would ‘‘bring collective bargaining to there are many brave, small con- suade our producers to give up the ex- the national level’’ to avoid duplica- tracting businesses working alongside pensive domestic subsidies to which tion and inefficiency. This has not oc- our uniformed soldiers in many cases. they have become accustomed. Another curred, nor do I believe there is a sin- Employees of these small contracting expensive, non-innovative, and divisive cere interest in the Pentagon to pursue firms get shot at and encounter road- farm bill might unfortunately be the national collective bargaining. In fact, side bombs, suicide attacks, ambushes, result. Mr. President, a great deal is I would suspect that the Pentagon’s and kidnapings. Yet, in order to pro- riding on the success of the Doha plan is just the opposite—to substan- vide our military with desperately Round. tially remove from the table the num- needed goods and services, these small

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13338 CONGRESSIONAL RECORD — SENATE November 18, 2005 battlefield firms diligently endure As the ranking member on the Ap- severe weather so we can secure our these daily risks. propriations Subcommittee on Com- property and get out of harm’s way, or These daily dangers force small con- merce, Justice, and Science, I rise helping to restore our fisheries that are flict zone firms to hire well armed, pri- today to explain how this legislation is so critical to our economy, NOAA vate security guards, and to incur ex- critical to spurring economic innova- saves lives and communities every day. traordinary security expenses in order tion in our Nation and how the bill pro- In space, this appropriations bill to protect their employees. The vio- tects communities and saves lives and fully funds the National Aeronautics lence towards civilian contractors in livelihoods. and Space Administration, NASA, and Iraq and Afghanistan has become so I believe this appropriations bill is an the cutting edge scientific and techno- prevalent that the government often important step in making our country logical research that only NASA can requires companies to provide security more competitive in the global econ- do. services, and treats these extraor- omy. The future of our economic secu- For NASA, we have provided $16.4 bil- dinary security costs as reimbursable rity as well as our national security lion, which is a $260 million increase contractor expenses. These security ex- will depend upon our ability to inno- over last year. This includes $271 mil- pense reimbursements do not increase vate. This bill is a major Federal in- lion for the Hubble Space Telescope, or expand small contracting firms’ core vestment in innovation through $50 million over the President’s budget business capabilities. Instead the science and technology, and it will help request to accommodate a servicing money the government pays to small make America stronger by investing in mission to Hubble, should the Adminis- battlefield contractors for security ex- our future. trator determine that the space shuttle penses is passed directly through to the Innovation begins with basic re- is safe to use. security subcontractor providing pro- search. H.R. 2862 funds the National The servicing of Hubble will involve tection to the small firms’ employees. Science Foundation, NSF, at $5.6 bil- replacing batteries, gyroscopes and in- Unfortunately, the Government’s lion, a $180 million increase over last stalling new scientific instruments to valid reimbursement of conflict-zone year. make Hubble more powerful than ever. security expenses artificially inflates The key to innovation is investing in Hubble is the very symbol of innova- the size of many small battlefield firms basic research in the physical sciences- tion and discovery that are hallmarks causing them to out grow the Small biology, chemistry, physics and the of America’s space program. Business Administration’s small busi- cutting edge interdisciplinary initia- We continue our investment in the nesses size standards. It is important tives in nanotechnology, biotechnology Mars program and fully fund the next to understand that the SBA size stand- and information technology. The Na- generation of launch vehicles to re- ards were established on the basis of tional Academy of Sciences, the Coun- place the space shuttle. normal revenues for small businesses cil on Competitiveness, and numerous All major science programs are fund- operating in North America. But, cur- other organizations have all called for ed at the President’s request level or rently, these domestic size standards a substantial increase in our invest- higher including the Living With A are penalizing our small contractors ment in basic scientific research. This Star program which is crucial to un- operating outside the U.S. and in war bill makes a downpayment on that in- derstanding the Sun’s effects on the zones by eliminating their ability to vestment. Earth. obtain crucial small business contracts The technology of tomorrow will cre- While NSF, NOAA, NIST and NASA and loans once they exceed the domes- ate the jobs of tomorrow. But if we are all integral to our nation’s ability tic standards. to innovate, along with our other fed- Our most reliable and dependable don’t invest in research, the tech- eral agencies, it is the private sector small battlefield firms, because they nology and the jobs will go overseas. But it is not just about investing in that is responsible for most of the in- operate overseas, are.in danger of arti- research, we also have to invest in edu- novation that drives our economy. ficially outgrowing the SBA’s domestic The Patent and Trademark Office, size standards. Not only does this arti- cation. This bill preserves funding for PTO, plays a central role in protecting ficial growth hurt small business abil- graduate student stipends at $30,000 per our nation’s valuable intellectual prop- ity to survive, it also harms the U.S. year. NSF funds critical programs to erty. The PTO has a backlog of applica- Government’s ability to secure con- improve the teaching of math and tracts for much needed goods and serv- science and to improve science and tions waiting to be processed. H.R. 2862 ices that are used to support our troops math curriculum in our schools. We funds the PTO at a record $1.7 billion, in war zones. This ultimately reduces must increase the number of math and a 30 percent increase over last year. the Federal Government’s access to ex- science teachers as well as the number This record increase will go a long perienced small contractors and ham- of math and science students. way towards helping the PTO reduce pers the Government’s efforts to com- In addition, government and the pri- the backlog of patent applications so ply with the Government’s annual stat- vate sector must work together to spur we can properly protect our intellec- utory small business contracting goals. innovation in our economy. That is tual property and maintain our com- My amendment directs the SBA to where the National Institute of Stand- petitiveness. conduct a study and provide a report to ards and Technology, NIST, comes into But as we invest in our future, this Congress on the fairness of exempting play. NIST invests in new technologies legislation also takes care of our day- reimbursement for subcontracts for that lead to new breakthroughs that to-day needs especially when it comes private security services from the size create jobs to make our nation more to protecting our neighborhoods and standards caps applicable to small competitive. NIST also sets industry communities firms that perform contracts and sub- standards so that American business In making our country safer, the De- contracts on overseas battlefields. I can be competitive abroad. H.R. 2862 partment of Justice is our front line. urge my colleagues to support our funds NIST at $761 million, a $62 mil- This bill provides $21 billion to the Jus- small battlefield contractors currently lion increase over last year. tice Department, $800 million more in harms’ way by retaining this impor- This legislation also funds other im- than last year. The Justice Depart- tant amendment in the Defense author- portant agencies that are on the cut- ment accounts for almost 50% of the ization conference report. ting edge of science and technology entire bill. This includes funding for the FBI, DEA, ATF, U.S. Marshals, U.S f that can save lives and communities. The National Oceanic and Atmos- Attorneys as well as the Federal Prison SCIENCE, STATE, JUSTICE, AND pheric Administration, NOAA, is re- System. COMMERCE APPROPRIATIONS sponsible for the National Weather The Justice Department provides as- Ms. MIKULSKI. Mr. President, ear- Service as well as critical research into sistance to our state and local law en- lier this week the Senate passed the oceans, fisheries and the Earth’s at- forcement and help communities fight conference report accompanying H.R. mosphere. gang violence. It also protects us from 2862, the Science, State, Justice and For NOAA, we have provided $3.9 bil- terrorists and protects our neighbor- Commerce Appropriations Act for fis- lion, a $20 million increase over last hoods and communities. Specifically, cal year 2006. year. Whether it is warning us about the FBI will receive $5.7 billion in 2006,

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13339 a $500 million increase over last year. neighborhoods and communities safer Island to the tax reconciliation bill. Most of this increase has been devoted from gang violence and street crime. This amendment addresses a concern to counterterrorism. I look forward to working with my that is on the mind of many Wisconsin- H.R. 2862 also increases funding to colleagues next year to continue the ites as winter quickly approaches—the fight sexual predators who prey upon progress we have made and increase increased cost of home heating. our children. The bill provides $48 mil- our commitment to innovation, science The timing of this amendment could lion to continue and expand the Miss- and technology. not be more relevant. Last week, ex- ing and Exploited Children Program. It f ecutives from several major oil compa- also funds a Cyber-Tipline, an online nies attempted to defend their record- LIHEAP resource where people can report leads breaking profits over the last quarter, and tips about child sexual exploi- Mr. KENNEDY. Mr. President, winter in a hearing before the Senate Com- tation. is coming, and it could easily become a merce and Energy Committees. Despite Finally, the bill provides $2.7 million perfect storm of high energy prices, their efforts, they were unable to pro- for the FBI’s innocent images program bitter cold, and too little heat for those vide adequate answers. More impor- to investigate and capture child por- in need. tantly, they were unable, or unwilling, nographers who use the Internet to Households heating primarily with to provide solutions that would ease prey on children. natural gas will pay an average of $306 the burden on American consumers. In addition to sexual predators, more this winter for heat, an increase I would like to remind my colleagues gangs are becoming a growing local, re- of an incredible 41 percent over last that while prices at the pump have de- gional, and national problem. We have year. Those relying primarily on oil for clined slightly, we are not yet in the provided increases to the ATF, U.S At- heat will pay $325 more, an increase of clear. Winter is just around the corner, torneys and the FBI to help fight 27 percent. and with colder temperatures comes against gangs in our schools and com- The poor, the elderly, and the dis- higher heating bills. I know my con- munities. abled need our help and they need it stituents in Wisconsin are worried not Any anti-gang strategy must focus now. only about the costs of filling their on three principles: prevention, inter- Wilhelmina Mathis is one example of cars, but also the costs of heating their vention and suppression. In my own what is happening to the most vulner- homes. As the profits of these oil com- State of Maryland, in Montgomery and able in our society. Wilhelmina is 71 panies continue, what answers can I Prince George’s Counties, and around years old and lives alone. All last win- provide to these constituents, these the State, gangs are a growing prob- ter she kept her thermostat set at 60 hard-working Americans, about how lem. degrees to save money. She hopes the they will pay their heating bills? I believe the amendment of the Sen- This bill provides $2 million for Federal Government will come through ator from Rhode Island was a first step Montgomery and Prince George’s with more LIHEAP money. She says: towards offering my constituents some Counties to deal with gang violence ‘‘I turn down the thermostat as low as piece of mind when it comes to heating and fund prevention programs. It also I can and sometimes I turn it off and their homes. This amendment would provides another $2 million to combat put on extra sweaters. I don’t know have created a temporary, 1-year levy gang violence and gang prevention pro- how much longer I can keep doing on the excess profits of U.S. oil compa- grams around the State of Maryland. this.’’ We have tried four times this year to nies to provide $2.92 billion for the The purpose of this funding is to bring Low-Income Home Energy Assistance increase funds for LIHEAP, and all four federal resources to the local level to Program. Because this would only be in times we were defeated by the over- help stop and prevent further gang vio- place for 1 year, and only effect profits whelming Republican majority who lence from afflicting our neighborhoods made in 2005, this amendment would voted in lock-step to reject it. and communities. have no effect on gas prices or do any- The failure of the Republican Con- Mr. President, the President’s budget thing to increase dependence on foreign gress to increase LIHEAP funds con- cut state and local law enforcement by oil. The amendment offered a simple, tinues to put millions of our fellow $1.4 billion. We were able to restore $1.1 short-term solution that would provide citizens at risk. But the Bush adminis- billion of that cut in this bill. real help to those who will need it tration and the Republican Congress I know how important our local po- most, when the temperature starts to are telling the elderly, the disabled, lice are to fighting crime and gangs. drop. Our local police are the first respond- and children across America that it The Energy Information Administra- ers. If we were not subjected to strict doesn’t matter if they have no heat tion has forecasted significantly in- limits on spending that were imposed this winter—they aren’t a priority. creased home heating costs this winter. on us by the Budget Resolution, we In fact, the Republican leadership is For those using home heating oil, the would have provided additional funding forcing us to make impossible choices. average increase in price will be $325 for state and local law enforcement. Look at the Labor-HHS bill. The Re- over last year. While that might not be But with the need to increase funding publican leadership is telling us that if much to the oil executives, I can assure for counterterrorism and counterintel- we fund LIHEAP, we must cut health you that it could mean going without ligence, plus the need to address the care for seniors, cut education for our heat for some families in Wisconsin. I growing problems of both methamphet- children, cut essential job training believe it is the responsibility of the amine abuse and regional and even funds for people trying desperately to Federal Government to protect con- international gang violence, we had to enter the workforce and attain a level sumers when the market fails to do so. make difficult choices, under very dif- of self-sufficiency. I am deeply disappointed that the ficult circumstances. It is unconscionable. Why are we amendment failed in last night’s vote. Mr. President, the Science, State, being forced to help one family at the I assure my constituents that I will Justice, and Commerce Appropriations expense of another? We must increase continue to work towards a com- bill is about investing in science and LIHEAP funds and fight against cuts to prehensive solution to high heating technology to spur innovation in our other essential health, education, and costs. economy, protecting our Nation, and labor programs. It is time for Congress Mr. CARPER. Mr. President, I am saving communities, lives, and liveli- to stand up for the American people. pleased to voice my support for the hoods. We tell them we hear them and under- Low-Income Home Energy Assistance Investments in innovation are crit- stand their struggle, now it is time to Program and for the Reed amendment ical so America will retain its competi- put our money where our mouth is. We that I cosponsored to S.2020, the tax tiveness as well as its economic and na- need to stop the rhetoric and take ac- reconciliation bill. The Reed amend- tional security. Through the Depart- tion. The American people deserve ment would have fully funded LIHEAP ment of Justice and its major law en- nothing less. in fiscal year 2006 and would have paid forcement bureaus, we are increasing Mr. KOHL. Mr. President, I rise as a for the increased funding with a tem- our commitment to protecting children cosponsor of the amendment offered porary tax on the windfall profits of from sexual predators and making our yesterday by the Senator from Rhode major oil companies.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13340 CONGRESSIONAL RECORD — SENATE November 18, 2005 The Senate fiscal year 2006 Labor, prices to help ease the burden of this sion. ICANN is not perfect. I have been Health and Human Services, and Edu- winter’s high prices. critical of its shortcomings in the past, cation Appropriations bill took an im- I am pleased with the approach taken and will continue to do so in the fu- portant first step toward providing by the Reed amendment because I be- ture. But I strongly support its model adequate LIHEAP funds by including lieve that we should try to pay for in- of governance that leaves the private- $2.183 billion for the program for next creases in spending. I have been un- sector experts in charge. fiscal year. This is a good starting comfortable supporting some previous The preliminary news from the U.N. point. amendments to increase funding for conference seems to be good. Some of However, $2.183 billion represents the LIHEAP program because they did the worst ideas, such as creating a new only a very slight increase over fiscal not find a way to pay for the increased U.N. bureaucracy instead of ICANN, or year 2005 levels and is likely not spending. to direct ICANN, seem to have been enough to meet the needs of LIHEAP Senator REED has found a way not avoided. But I will look closely at the beneficiaries in the coming winter. only to fully fund this vital program, final results and make sure that noth- For this reason, I have worked to but to pay for it as well. ing has been agreed to that could dam- find ways to increase funding for the Unfortunately, Senator REED’s age the Internet. I hope to hold a hear- LIHEAP program and to do so in a amendment was not accepted by the ing in the Commerce Committee early manner that is fiscally responsible. full Senate during consideration of the next year about this, and I look for- The Reed amendment would have tax reconciliation bill. The amendment ward to hearing the testimony of the added $2.92 billion to the LIHEAP pro- needed 60 votes to overcome a point of key stakeholders at that time. gram and paid for this increase by tax- order and received only 50. f ing the windfall profits of major oil We will keep trying though. companies. The LIHEAP program serves a vital THE SUCCESS OF THE 1994 BRADY Some have criticized this windfall function in helping as many as 5 mil- ACT profits tax. Yet I believe that a tem- lion low-income households who need a Mr. LEVIN. Mr. President, statistics porary, limited tax on the windfall bit of help paying their energy bills or released last month by the Department profits of energy companies is a reason- weatherizing their homes. I’m pleased of Justice indicate that the 1994 Brady able way to help the least fortunate to have been a cosponsor of the Reed Act has had a meaningful impact on among us pay for their home energy amendment and I will continue to look keeping firearms out of the hands of needs. for ways to increase funding for the criminals. The annual Bureau of Jus- Indeed, I believe that the country’s LIHEAP program. tice Statistics bulletin titled ‘‘Back- oil producers can afford to help pay for f ground Checks for Firearms Transfers’’ LIHEAP. Last month they posted reveals that nearly 126,000 firearm INTERNET GOVERNANCE record profits. ExxonMobil reported transactions to prohibited individuals that their profits rose 75 percent, and Mr. BURNS. Mr. President, I rise to were prevented in 2004 alone. in just 3 months they made $9.92 billion say a few words about the resolution I As my colleagues know, the 1994 in profit. Similar record profits have submitted and which was approved by Brady Act requires individuals seeking been reported by all of the major inte- unanimous consent on the Senate floor to acquire guns from a federally li- grated oil companies. Some of this in- this week, in support of the President’s censed firearms dealer to undergo a crease in profit is due to oil prices that position on Internet governance at the background check. This process re- started to rise this summer even before U.N. Summit on the Information Soci- quires the applicant to provide a vari- Hurricanes Katrina and Rita struck ety. I thank the cosponsors on this res- ety of personal information, which is the gulf coast. After the hurricanes, olution: Senators STEVENS, INOUYE, not retained longer than 4 days unless though, the price of gasoline, diesel, jet LEAHY, SMITH, SUNUNU, BILL NELSON, the person is prohibited by law from re- fuel and other refined oil products HUTCHISON, INHOFE and CRAIG. And I ceiving or possessing firearms. The pri- soared. also acknowledge Senator COLEMAN for mary factors that disqualify individ- Our Nation is still struggling to re- all his good work on this issue. uals from receiving firearms include cover from the disasters along the gulf No one can really control the Inter- felony or domestic violence convic- coast. All Americans have had to make net. It is not supposed to be controlled. tions, identification as a fugitive or il- sacrifices as a result. This winter the It is an architecture, literally and figu- legal alien, substance abuse, and seri- country is facing another crisis, record ratively, of freedom—freedom of infor- ous mental illness. Unfortunately, energy prices and associated increased mation, of speech, of interconnection, membership in a known terrorist orga- household heating bills. of religion. Because the Internet was nization does not automatically dis- According to the U.S. Energy Infor- developed and commercialized in the qualify an applicant from receiving or mation Administration, consumers United States, it reflects those core possessing a firearm under current law. who heat their homes with natural gas American values, and boosts them all This is one of the loopholes in our gun prices—about 55 percent of U.S. house- around the world. And the United safety laws that should be addressed by holds—are expected to see their heat- States should be proud of the way it Congress. ing bills rise by 48 percent this winter. has handled the growth of the Inter- The Department of Justice reports Those who heat with oil will pay 32 net—particularly in the way it has that since enactment of the 1994 Brady percent more, those who heat with pro- kept the private sector experts in Act, more than 1.2 million applications pane will pay 30 percent more, and charge, and government bureaucrats for firearms transfers have been re- those who heat with electricity will out. jected because disqualifying informa- pay 5 percent more. I have been particularly concerned tion was uncovered during a back- These increases will take the great- the status of the Internet Corporation ground check of the applicant. Of the est toll on the least fortunate among for Assigned Names and Numbers, applications that were rejected in 2004, us. Low-income Americans will have a ICANN, the private, expert body that 44 percent were rejected because the harder time heating their homes and oversees and manages the Internet’s applicant had been convicted of or was may turn their heat down dangerously Domam Name System. This is the under indictment for a felony offense. low in hopes of being able to pay their ‘‘plumbing’’ that makes each Internet In addition, 16 percent were rejected monthly bills. site unique and keeps the Internet a because of domestic violence convic- That is why the LIHEAP program is global unitary network. The United tions or a related restraining order. so important. LIHEAP provides vital States created ICANN and its unique According to the Department of Jus- home energy assistance to low-income model of oversight, with the input of tice statistics, almost 80 percent of the families to help them weatherize their international stakeholders. And U.S. rejected applicants in 2004 had a seri- homes and pay their energy bills. Government oversight of ICANN has ous criminal history, had been involved The Reed amendment would have been critical in making ICANN more in domestic violence, or were identified asked the oil companies that have prof- responsive and more capable of car- as a fugitive. This means that nearly ited so much from recent rising energy rying out its important technical mis- 100,000 times last year, criminals and

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13341 known domestic abusers were denied Becoming a cadet wing commander is maneuvers on February 1, many would access to dangerous firearms because of not easy and requires candidates to go have given him the benefit of the doubt background checks required by the 1994 through a rigorous screening process. if he had a workable plan to quickly Brady Act. Only the top two cadets from each of end the conflict. Nine months later, it Unfortunately, not all firearms the academy’s 35 squadrons are nomi- is clear that he does not. One can only transactions are subject to a back- nated to be considered. Then the pool wonder why King Gyanendra thought ground check. The law requires back- is narrowed to 20. Each of the surviving that he could defeat the Maoists by dis- ground checks only for those trans- candidates is closely interviewed by a solving the government, curtailing actions that involve a federally li- board that includes members of the civil liberties, and surrounding himself censed firearms dealer. According to academy’s leadership. with a clique of elderly advisers from the Coalition to Stop Gun Violence I commend Andy for his selection to the discredited, feudalistic Panchayat ‘‘two out of every five guns acquired in be the academy’s cadet wing com- era. the United States; including guns mander. This selection is a real honor The United States, Great Britain, bought at gun shows, through classi- for him, and I know he will not take and India criticized the king’s actions fied ads, and between individuals; his new responsibilities lightly. I wish and have urged him to negotiate with change hands without a background Andy the best as he takes up this im- Nepal’s political parties to restore check.’’ The Coalition to Stop Gun Vio- portant leadership position. democratic government. Unfortu- lence also estimates that ‘‘extending I also applaud the academy’s football nately, although he has released most criminal background checks to all gun coach, Fisher DeBerry, for being such political prisoners and reinstated some transactions in the United States could an outstanding role model for cadets civil liberties, the king has increas- prevent nearly 120,000 additional illegal like Andy. Coach DeBerry is a man of ingly behaved like a despot who is de- gun sales every year.’’ character who, for over 22 years, has termined to consolidate his own power. It is important that we do not in- turned hundreds of cadets into leaders In the meantime, the Maoists de- fringe on the rights of law-abiding citi- while running a top-notch football pro- clared a ceasefire. The violence has re- zens. However, with those rights in gram. I look forward to seeing in the portedly decreased, although abduc- mind and protected, we should not future many more Academy football tions and extortions have continued allow those with a violent or serious players become leaders in our Air apace. Whether the ceasefire is a sin- criminal record to acquire dangerous Force. ister ploy or a sincere overture for firearms. I urge my colleagues to join f peace may never be known, however, me in support of commonsense gun THE SITUATION IN NEPAL because it is due to expire next month and neither the king nor the army has safety legislation, such as the 1994 Mr. LEAHY. It may seem strange indicated a willingness to reciprocate. Brady Act, that will make our nation that on a day when the Congress is de- Against this disheartening backdrop, safer. bating the budget resolution, I would the Congress, on November 10, 2005, ap- f be asking the Senate to turn its atten- proved my amendment to impose new tion for a moment to the remote and AIR FORCE ACADEMY restrictions on military aid for Nepal. tiny nation of Nepal. Mr. ALLARD. Mr. President, in an I do so because for the past several On November 14, President Bush signed era when college football players are years, a ruthless Maoist insurgency it into law. I want to briefly review almost universally derided as trouble- and a corrupt, repressive monarchy what we did, and why. The amendment says that before the makers, stories about football players have brought that impoverished but who become leaders and role models off breathtakingly beautiful country to Nepalese army can receive U.S. aid, the the field are indeed hard to find. One the brink of disaster. It is important Secretary of State must certify that such leader currently exists at the U.S. for the Nepalese people to know that the Government of Nepal has ‘‘restored Air Force Academy. while they may live half a world away, civil liberties, is protecting human Earlier this week the Air Force Acad- the difficulties they are facing have rights, and has demonstrated, through emy announced that Andy Gray, a sen- not gone unnoticed by the U.S. Con- dialogue with Nepal’s political parties, ior cadet, has been selected to take gress. a commitment to a clear timetable to over as the commander of the entire It has been almost 9 months since restore multi-part democratic govern- 4,000-strong cadet wing next semester. Nepal’s King Gyanendra dismissed the ment consistent with the 1990 Nepalese In this position, Andy will serve as the multiparty government, suspended Constitution.’’ chief liaison between the academy’s civil liberties, and arrested the prime This builds on an amendment that leadership and the cadet student body, minister along with other opposition was adopted last year, which required akin to a student body president. political leaders, human rights defend- the Secretary of State to certify that However, Andy is different than the ers, prodemocracy student activists, the Nepalese army was providing average student body president. He has and journalists. unimpeded access to places of deten- received extensive leadership training The king’s explanation was that de- tion and cooperating with the National along with his fellow cadets. He has en- mocracy had failed to solve the Maoist Human Rights Commission, NHRC, to dured the rigorous cadet schedule of problem. He said that he would take resolve security related cases of people academics and military training. And, care of it himself and then restore de- in custody. Unfortunately, the Sec- he has done it all while excelling as a mocracy after 3 years. retary was not able to make the cer- member of the NCAA Division One Air It is true that Nepal’s nascent de- tification. Not only were the NHRC’s Force Academy Falcon football team. mocracy had not solved the Maoist members replaced through a process Andy is only the sixth football player problem. Neither had the king. In the that was contrary to Nepal’s constitu- to be chosen for this leadership role, 41⁄2 years since King Gyanendra as- tion, the International Committee of and the first in 16 years. The last acad- sumed the throne and became com- the Red Cross suspended its visits to emy athlete to serve as the cadet wing mander in chief of the Nepalese army, military detention centers because it commander was Delavane Diaz who the Maoists have grown from a minor was denied the free access it requires. played volleyball for the Falcons in irritant to a national menace. While The Nepalese Government objects to 2003. the Maoists use threats and violence to any conditions on U.S. aid, arguing Andy Gray entered the academy in extort money and property and they that the army needs help to fight the 2000 and played quarterback and defen- abduct children from poor Nepalese vil- Maoists. The army does need help, but sive safety for much of his cadet ca- lagers, the army often brutalizes those it also needs to respect the law and the reer. In the fall of 2004, he was No. 1 on same people for suspicion of supporting rights of the Nepalese people. The Con- the depth chart as quarterback for the the Maoists. Like most armed con- gress took this action only after it Falcons. This past season he played flicts, defenseless civilians are caught could no longer ignore the pattern of safety and had a big interception in the in the middle. arbitrary arrests, disappearances, tor- Air Force Academy’s victory over What the Nepalese people desire most ture and extrajudicial killings by the UNLV. is peace. Despite the king’s autocratic army. The army’s abusive conduct,

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13342 CONGRESSIONAL RECORD — SENATE November 18, 2005 coupled with the king’s repressive ac- might create an opening for agreement State Medicaid programs cover their tions since February 1, have contrib- on a democratic process, with the sup- drug costs, but as of January 1, they uted to a political crisis that threatens port of international mediation, that will be switched to the less generous not only the future of democracy but can finally begin to address the pov- Medicare program, and the States will the monarchy itself. erty, corruption, discrimination and be prohibited from using Medicaid to Economic aid to support health, agri- other social ills that have fueled the provide better coverage. culture, hydropower, and other pro- conflict. The people of Nepal, who for We need to make changes to the pro- grams through nongovernmental orga- generations have suffered far more gram now so that our seniors do not nizations is not affected by my amend- than their share of hardship and injus- suffer. That is why I am a proud co- ment. If the situation changes and the tice, deserve no less. sponsor of several bills that will Secretary of State certifies that the f change the harshest parts of this pro- conditions in U.S. law have been met, gram. We must allow Medicare to nego- military aid can resume. But that MEDICARE PRESCRIPTION DRUG tiate on behalf of seniors for lower drug alone will not solve the Maoist prob- BENEFIT prices. We must allow States to use lem. The Maoists are expert at intimi- Mrs. BOXER. Mr. President, last Medicaid to improve the drug coverage dating the civilian population and car- Tuesday the open enrollment period for of the sickest and poorest seniors. We rying out surprise attacks and melting the Medicare Part D prescription drug must end the coverage gap for all sen- back into the mountains. While they program began. This program has been iors. We must allow seniors more time do not have the strength to defeat the praised by the administration as a to understand the program before they army, neither can they be defeated great benefit for seniors, but I can tell are required to enroll. militarily. you that seniors are not so sure. Ac- Mr. President, these changes are The only feasible solution is through cording to a survey conducted by the needed—and needed now. Without a democratic political process that has Kaiser Family Foundation, only 20 per- them, the promise of a Medicare pre- the broad support of the Nepalese peo- cent say they will sign up. Over one- scription drug benefit may turn out to ple. Perhaps seeking to placate his third say they won’t, and the rest don’t be a hollow one. critics, the king, without consulting know what they are going to do. f the political opposition parties, an- One thing we do know for sure is that THE 30TH ANNIVERSARY OF THE nounced municipal elections for Feb- seniors are confused and scared. I have INDIVIDUALS WITH DISABILITIES ruary 8, 2006. Not surprisingly, the par- received over 4,000 letters from them EDUCATION ACT. ties say they will not participate in an telling me so. And why wouldn’t they Mr. KENNEDY. Mr. Chairman, I was electoral process dictated by the palace be. They have a series of complicated proud to serve on the Education Com- and when the army and the king’s decisions to make. mittee when it recommended the origi- handpicked representatives have taken First, they have to decide whether nal Education for the All Handicapped control of local affairs and are unlikely they want drug coverage. Do they al- Children Act in 1975, and I am proud to to relinquish power. ready have drug coverage that is better The U.S. Embassy is skeptical of the or just as good as what is offered under join Senator ENZI today as a sponsor of this resolution, which recognizes the Maoists’ intentions and has publicly the plan? And if they don’t, do the major impact of the law on the lives of discouraged the political parties from costs of the plan exceed the benefits? disabled children and their families forging an agreement with the Maoists. And what will happen in the future? across the Nation, by guaranteeing the This is understandable, since the Should they sign up now to avoid the right of every disabled child to a free Maoists have used barbaric tactics that penalty for signing up late? public education. Second, if they do decide to join the should be universally condemned. But We know that disabled does not mean this conflict cannot be won militarily program, what plan do they choose? In unable. Children with disabilities have and the king has rejected a political California, 18 companies are providing the same dreams as every other child accommodation with the country’s 47 stand-alone prescription drug plans. in America to grow up and lead a democratic forces. He is imposing new These plans all have different pre- happy and productive life. We know restrictions on the media and civil so- miums, copays, and lists of drugs they that IDEA helps them fulfill that ciety, and he has spumed offers by the will cover. For those in managed care dream. international community to mediate. plans, if they choose one of the stand- It says children cannot be cast aside Nepal’s younger generation, who see no alone drug plans instead of their man- or locked away because they have a role for the monarchy in Nepal’s fu- aged care plan, they will lose their disability. Those days are gone in ture, are taking to the streets. It may health coverage. America—hopefully forever. not be long before the army is faced In addition, seniors must make sure Children with disabilities have rights with a fateful choice. Will it continue that their neighborhood pharmacy ac- like every other child in America, in- to side with the palace even if it means cepts the plan. Otherwise, they will end cluding the right to learn with other turning its weapons on prodemocracy up having to find a new pharmacy that children in public schools and prepare protesters and facing international is probably less convenient. And after themselves for the future. censure, or will it cast its lot with the all that, any plan can—on 60 days no- But even as we celebrate 30 years of people? tice—change the list of drugs it covers. continuing success in the education of It is a choice that we may also have Seniors, however, can change their disabled children, we continue to hear to make. For the better part of a year, plans only once a year. objections to the act’s high cost, its pa- the United States and others friends of If seniors do choose to participate, perwork, and the burden of litigation. Nepal, as well as many brave Nepalese the benefit itself is meager. There is a Those are important considerations, citizens, have tried to nudge the king large coverage gap—the so-called donut but we can’t let them overwhelm the back toward democracy. It has not hole—so seniors must pay 100 percent vast benefit of IDEA. worked. With the king increasingly im- of drug costs once they spend $2,250 and The act is about disabled children perious and isolated and the political before they spend $5,100. Moreover, and their rights. It is about their hopes parties already making overtures to there is nothing in the program that and dreams of living independent and the Maoists, what is to be lost by call- will actually lower the cost of prescrip- productive lives. It is about parents ing for the Maoists to extend the tion drugs, and, in fact, Medicare is ex- who love their children and struggle ceasefire, for the army to reciprocate, pressly prohibited from negotiating for for them every day against a world for international monitors to verify lower prices. that is too often inflexible and unwill- compliance, and for representatives of Mr. President, the seniors who are ing to meet their needs. It is about all sectors of society who support a the sickest and poorest have the most teachers who see the potential inside a democratic, peaceful Nepal to sit down to lose with this new program. Those disabled child, but don’t have the sup- at the negotiating table? 6.1 million seniors are eligible for both port or training they need to fulfill it. There are no guarantees, but it would Medicaid and Medicare. They are IDEA is our declaration as a nation test the Maoists’ intentions and it known as dual eligibles. Currently, that these children matter and that we

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13343 will do all we can to help their parents 50TH ANNIVERSARY OF THE DEDI- the summer of 1955. Due to space limi- and teachers and communities achieve CATION AND OPERATION OF THE tations, only 306 young men were ad- their education goals. That is why the U.S. AIR FORCE ACADEMY mitted into the first class, the class of government should make a clear com- Mr. ALLARD. I rise today to cele- 1959. Thousands of applications were mitment to provide adequate funds for brate the 50th anniversary of the dedi- reduced to a few hundred, and those se- special education. What is needed is a cation and operation of the U.S. Air lected were truly America’s ‘‘cream of solid education plan for each child, a Force Academy, located in my home the crop’’. way to chart the child’s progress, and a State of Colorado. It has been a privi- Dedication Day began with the ar- way to hold schools accountable if they lege for Colorado to host the Academy rival of 306 young men on July 11, 1955. fall short. That is not placing an unfair for more than five decades. The Acad- The morning was spent processing such burden on schools. It is the correct ex- emy’s outstanding record of turning as fitting uniforms and getting hair- pectation of a decent school system in cadets into officers of integrity and cuts. By 11 a.m. they were all lined up America. honor is a source of pride for many in for intensive drill instruction. That Brown v. the Board of Education Colorado. afternoon, the stands were filled with struck down school segregation by race Yet sometimes when we drive on I–25 over 4,000 military and civilian dig- and said that all children deserve equal and pass the Air Force Academy’s nitaries, public officials, foreign at- access to education under the Constitu- beautiful campus, we assume that taches, cadets from West Point and An- tion. But it wasn’t until the passage of Academy has always been there. It is napolis, press, and parents. With a the Education for the Handicapped Act easy to forget the hard work it took to flight of B–36 bombers flying overhead in 1975 that the Brown decision had get the Academy to Colorado in the and the USAF band playing, the 306 ca- real meaning for children with disabil- first place dets marched on the field in a near per- It all began in May of 1949 when then- ities. fect formation. Secretary of Defense James Forrestal Only then did we finally end school appointed a commission to evaluate At the time no one could have pre- segregation by disability and open the the general education for each military dicted that this small class would turn doors of public schools to disabled chil- service. This commission was chaired out Rhodes Scholars, numerous general dren. Only then did the Nation’s 4 mil- by Robert L. Stearns, president of the officers and even All-American football lion disabled children begin to have the University of Colorado and father-in- players. Surprisingly, before they were same opportunities as other children to law of Supreme Court Justice Byron to graduate, they would lead their foot- develop their talents, share their gifts, ‘‘Whizzer’’ White. The commission also ball team to an undefeated season and and lead productive lives. included other notables such as GEN. a tie in the 1959 Cotton Bowl, one of We must never go back to the days Dwight D. Eisenhower, who was then the most underrated achievements in when disabled children were denied president of Colombia University. The the history of major college sports. public education, when few if any pre- Stearns Board quickly agreed that the LTG Hubert Harmon retired with school children with disabilities re- U.S. Air Force needed an academic in- lung cancer before the first class grad- ceived services, and when the disabled stitution of excellence and that such uated in 1959. He will be remembered were passed off to institutions and sub- an Academy should be established for his tireless work and dedication to standard schools to be kept out of sight without delay. the establishment of the Academy. He and out of mind. Congress authorized the creation of was the first person interred at the Air the Air Force Academy in 1954. To de- We have made immense progress Force Academy Cemetery and is recog- termine a site for the new institution, nized by many as the ‘‘Father of the since those days. Six and a half million then-Secretary of the Air Force Harold Air Force Academy.’’ children with disabilities now receive E. Talbott, appointed a team of indi- special education services. Almost all viduals to assist him. The Air Force Major General Briggs took over as of them—96 percent—are learning Academy Site Selection Board, as it the Academy’s second superintendent, alongside their nondisabled fellow stu- was called, reviewed more than 580 lo- and during his tour of duty there, in dents. cations in 34 States, and narrowed the 1958, the wing of 1,145 cadets moved to The number of young children with field down to 7, 1 of which was Colorado its present site from Denver. A year early development problems who re- Springs, CO. A year later, the majestic later, the Academy received its accred- ceive childhood services has tripled in 14,000 acre area in the foothills of the itation, and on March 3, 1964, the au- the past 30 years. More disabled stu- Rocky Mountains near Colorado thorized strength of the cadet wing was dents are participating in State and Springs was chosen by Secretary increased to 4,417. In 1976, women were national testing programs. Graduation Talbott to be the site for the new U.S. admitted for the first time into the rates and college enrollment rates for Air Force Academy. Academy. The first class of women disabled students are steadily rising. The selection of the site, however, graduated in May 1980. The opportunities for further would prove to be easy part. The design To date, more than 35,000 cadets have progress are boundless. We know far and construction of the permanent lo- graduated from the Academy. The more about disability today than a cation would take years to complete. achievements of those who have grad- quarter century ago. We have much In the meantime, the Air Force had to uated from the Academy have been greater understanding of childhood dis- find an alternate site so classes and many: 315 of these graduates have be- abilities, and how to help all such chil- training could begin. Lowry Air Force come general officers, to include dren to learn and achieve. We are find- Base in Denver took on this mission former Chiefs of Staff of the Air Force, and hosted the Academy until perma- ing out more and more each year about Generals Ronald Fogelman and Mike nent buildings could be constructed. the power of technology to enable Ryan, 32 cadets have been selected as The Academy staff was activated in these children to lead independent Rhodes Scholars, and 539 have entered the summer of 1954 when LTG Hubert medical school. lives. It means they can communicate Harmon, who had previously served as with others, explore the world on the special assistant for Air Force Acad- Even more important, 128 graduates Internet, and move in ways we couldn’t emy matters and was a member of the have given their lives in the defense of have imagined 5 years ago, much less 1949 Air Academy Site Selection Board, our Nation, and 36 have been prisoners in 1975 when the law was first enacted. assumed command. President Eisen- of war. We honor those who have I hope all our colleagues will join us hower, a West Point classmate and served our Nation with such sacrifice in recognizing the extraordinary role of close personal friend of General Har- and patriotism. IDEA in protecting the rights and mon, personally selected him as the Over the years, the Air Force Acad- broadening the opportunities available first superintendent, stating ‘‘Doodles’’ emy has had to confront several dif- to children with disabilities. Let’s Harmon would be the best man for the ficult challenges. The institution has work together to renew our commit- job. risen above these challenges and, in its ment to IDEA and fulfill its great The staff had only 11 months to pre- quest for excellence, has become a promise of hope for the future. pare for the arrival of the first class in model for other academic institutions

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13344 CONGRESSIONAL RECORD — SENATE November 18, 2005 to follow. The Air Force Academy con- $30,000 compared to just 8.7 percent most fiscally responsible Senators by tinues to be recognized as an invalu- who had AGI of $200,000 or more. In Ari- nonpartisan watchdog groups, but I able proving ground for tomorrow’s zona, 18 percent of all filers reported don’t support paygo because it has military leaders. capital gains income, and of those re- nothing to do with budget discipline As we look back at the establishment porting capital gains income, 32 per- when applied to taxes. The fact is, of the Academy, we cannot help but be cent had AGI under $30,000. paygo simply does not work. Ameri- thankful to those who worked so hard The story is similar for tax filers re- cans are not undertaxed; our problem to establish the Academy in Colorado. porting dividend income. Nationwide, is that Congress spends too much, and The citizens of Colorado are indeed 23 percent of all filers reported divi- paygo will do nothing to control the honored to have this institution in our dend income in 2003. Of all filers report- fastest growing part of the Federal beloved State. We have stood by the ing dividend income in 2003, 30.6 per- budget: mandatory spending. Paygo Academy through both the good and cent had AGI under $30,000 compared to only applies to new spending or tax tough times. We in Colorado continue 6.9 percent who had AGI of $200,000 or cuts; it does not apply to existing man- to believe in the Academy’s mission more. In Arizona, 22 percent of all fil- datory programs that grow unchecked and support the institution’s effort to ers reported dividend income and, of year after year without Congress act- train officers of integrity and honor. those filers reporting dividend income, ing. Mandatory spending will grow We salute the Air Force Academy’s 50 32 percent had AGI under $30,000. from just over half of total Federal years of success and look forward to But beyond the number of taxpayers spending this year to two-thirds of many more decades to come. who have benefited directly, the most total Federal spending by 2015, and f important thing to know about these paygo will do nothing to control it. So lower rates that were enacted in 2003 is paygo is a false solution that is de- PREVENTING TAX INCREASES that they are working. At the lower signed to prevent us from extending Mr. KYL. Mr. President, I want to rates, the tax penalty imposed on the tax cuts—from making sure tax rates take some time to discuss the impor- additional investment earnings—the do not increase automatically—but tance of preventing tax increases that reward from taking on additional that does nothing to prevent spending are scheduled to occur over the next risk—is smaller, and thus makes the from increasing automatically. several years. risk more attractive. When investors I talked earlier about the extension The budget resolution conference get to keep more of their reward, they of the dividend and capital gains tax agreement reached in April provides are encouraged to invest more; with rates that I expect to be added to the reconciliation protection for $70 billion more investment, businesses have an reconciliation bill in conference. I also of tax reductions over 5 years, with the easier time attracting the capital they want to mention some of the provisions direction that the allocation be used to need to expand, create new goods and that are already in the bill. It extends prevent tax increases during the budg- services, and also create more jobs. It for 1 more year the increased exemp- et window. This sent a signal to inves- is all of this additional economic activ- tion amounts for the alternative min- tors that capital gains and dividends ity that creates economic growth. imum tax that are scheduled to expire tax rates would be extended through All Americans have benefited as the at the end of the year. Clearly, Con- 2010. I am disappointed that the legisla- economy has rebounded with the help gress must address the problem of the tion approved by the Senate does not of these tax policies. Whether you em- AMI in a comprehensive way, but until meet that expectation. Fortunately, braced these lower rates at the time or we can agree on a solution we must not the bill approved by the Ways and not, everyone must now acknowledge allow the increased exemption amounts Means Committee in the other body that since the 2003 tax relief legislation to expire. If we allow these exemption does, and I pledge to all investors that was signed into law, gross domestic amounts to fall back to their pre-2001 I will continue to work for that out- product has grown by more than 3 per- levels, millions of middle-income come. Indeed, the Senate majority cent for 10 straight quarters, most re- American families will get hit by the leader pledged that he would not bring cently expanding at a 3.8-percent an- AMT. The bill also prevents the AMT the bill back from conference without nual rate in the third quarter. The from eroding certain credits. an extension of these investment tax United States remains the fastest rates. Similarly, the administration re- growing major industrialized country The tax reconciliation bill also in- leased its Statement of Administration in the world. Business investment had cludes an extension of the increased Policy on the bill, which urged Con- fallen in nine consecutive quarters be- small business expensing amounts. gress to extend the lower rates for cap- fore the 2003 bill’s passage, but cutting Under current law, small businesses ital gains and dividends, noting, taxes on capital helped reverse that de- can deduct the cost of qualified invest- ‘‘These extensions are necessary to cline. In the last nine consecutive ments in the first year they are made, provide certainty for investors and quarters, business investment in- up to $100,000 indexed for inflation. businesses and are essential to sus- creased at a 6.9-percent annual rate. After 2007, this amount will drop back taining long-term economic growth.’’ The strong economy has had a very to $25,000. The bill extends the in- The tax reconciliation bill is in- positive effect on the Government’s fi- creased amount through 2009. Allowing tended to prevent tax increases by ex- nances, as more revenue is flowing into them to expense a greater portion of tending ‘‘widely applicable’’ tax provi- the Treasury even at the lower tax their investments enables small busi- sions. My colleagues might find it in- rates. As a share of the Nation’s GDP, nesses, which create most new jobs, to teresting that more taxpayers benefit the 2005 deficit was 2.6-percent—down invest and grow. from the lower rates on dividends and from the 3.6-percent share in 2004. In The bill also includes an extension of capital gains than benefit from any of fiscal year 2005, taxpayers sent $274 bil- the saver’s credit. The saver’s credit is the provisions included in the tax rec- lion more in revenue to Washington a nonrefundable tax credit that encour- onciliation bill approved by the Sen- than the year before and $100 billion ages low-income taxpayers to make ate. For example, nationwide, fewer more than the Congressional Budget contributions to an employer-provided than 8 million filers were helped by the Office predicted. Clearly the American retirement savings plan or an IRA. The AMT hold-harmless provisions in 2003, taxpayers are doing their part. tax reconciliation bill extends the while more than 30 million filers re- Yet some of my colleagues claim that credit through 2009; it is currently ported dividend income and more than we cannot afford to keep these lower scheduled to expire at the end of 2006. 22 million reported capital gains In- rates, even though they have spurred The bill also extends the above-the- come. economic growth, because we are still line deduction for college-tuition ex- Nationwide, 17 percent of all tax fil- running a deficit. If We are to keep penses. Under current law, the provi- ers reported capital gains in 2003, the these tax rates, they argue, we must sion that allows a taxpayer to take an most recent year for which statistics raise taxes someplace else. What they above-the-line deduction for the cost of are available. Of all filers reporting are seeking is a flawed form of budget college tuition expires at the end of capital gains income in 2003, 30.1 per- discipline called paygo or pay-as-you- 2005. The tax reconciliation bill would cent had adjusted gross income under go. I am consistently rated one of the extend it through 2009, which will

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13345 make it easier for families and stu- section 402 of that resolution, provi- result, the enclosed current level report ex- dents to plan for their educational ex- sions designated as emergency require- cludes these amounts (see footnote 1 on penses. ments are exempt from enforcement of Table 2). The bill extends for an additional the budget resolution. As a result, the Since my last letter, dated September 22, 2005, the Congress has cleared and the Presi- year an entire group of business tax in- attached report excludes these dent has signed the following acts that centives that generally expire on a amounts. changed budget authority, outlays, or reve- yearly basis. Many of these provisions The estimates show that current nues: should be made permanent, and some level spending is under the budget reso- An act making continuing appropriations others probably could be allowed to ex- lution by $26.874 billion in budget au- for Fiscal Year 2006 (Public Law 109–77); pire. Some of the provisions that I thority and by $10.974 billion in outlays Natural Disaster Student Aid Fairness Act strongly support include the 15-year in 2006. Current level for revenues is (P.L. 109–86); depreciation-recovery period for res- $17.308 billion above the budget resolu- Community Disaster Loan Act of 2005 tion in 2006. (Public Law 109–88); taurant improvements, the 15-year de- Homeland Security Appropriations Act, preciation-recovery period for lease- Since my last report, dated Sep- tember 26, 2005, the Congress has 2006 (Public Law 109–90); hold improvements, and the extension Medicare Cost Sharing and Welfare Exten- and improvement of the research and cleared and the President has signed sion Act of 2005 (Public Law 109–91); development tax credit. the following acts that changed budget Agriculture Appropriations Act, 2006 (Pub- Finally, the Senate-passed tax rec- authority, outlays, or revenues: An act lic Law 109–97); onciliation bill includes several busi- making continuing appropriations for An act to extend the special postage stamp ness tax incentives designed to encour- Fiscal Year 2006, P.L. 109–77; Natural for breast cancer research for two years Disaster Student Aid Fairness Act, (Public Law 109–100); and age investment in the hurricane-rav- Foreign Operations Appropriations Act, aged area of the southeastern United P.L. 109–86; Community Disaster Loan Act of 2005, P.L. 109–88; Homeland Se- 2006 (Public Law 109–102). States. These include financing incen- In addition, Congress cleared, and sent to tives and depreciation provisions to en- curity Appropriations Act, 2006, P.L. the President for his signature, the Energy courage business investment, and are 109–90; Medicare Cost Sharing and Wel- and Water Appropriations Act, 2006 (H.R. very time-sensitive. We must encour- fare Extension Act of 2005, P.L. 109–91; 2419) and the State, Justice, and Commerce age businesses to rebuild in the gulf Agriculture Appropriations Act, 2006, Appropriations Act, 2006 (H.R. 2862). coast area; these particular incentives P.L. 109–97; An act to extend the spe- The effects of the actions listed above are cial postage stamp for breast cancer re- detailed in the enclosed tables. The tables have proven successful in other areas also reflect an adjustment to exclude admin- and I expect they will be successful in search for 2 years, P.L. 109–100; and, Foreign Operations Appropriations istrative expenses of the Social Security ad- the Gulf region as well. ministration, which are off-budget. So, Mr. President, this tax reconcili- Act, 2006, P.L. 109–102. In addition, the Sincerely, ation bill is not perfect, but it does in- Congress has cleared the Energy and DONALD B. MARRON clude several very important provi- Water Appropriations Act, 2006, H.R. (For Douglas Holtz-Eakin, Director). sions. I am confident we will make the 2419, and the State, Justice, and Com- merce Appropriations Act, 2006, H.R. necessary improvements by adding an TABLE 1.—SENATE CURRENT-LEVEL REPORT FOR SPEND- extension of the lower rates for divi- 2862. I ask unanimous comment that the ING AND REVENUES FOR FISCAL YEAR 2006, AS OF dends and capital gains once we get the NOVEMBER 16, 2005 bill into conference with the House. report be printed in the RECORD. There being no objection, the mate- [In billions of dollars] f rial was ordered to be printed in the Current BUDGET SCOREKEEPING REPORT RECORD, as follows: Budget Current level over/ U.S. CONGRESS, resolution1 level2 under(-) Mr. GREGG. Mr. President, I hereby resolution CONGRESSIONAL BUDGET OFFICE, submit to the Senate the budget Washington, DC, November 17, 2005. ON-BUDGET: scorekeeping report prepared by the Hon. JUDD GREGG, Budget Authority ...... 2,094.4 2,067.5 ¥26.9 Congressional Budget Office under Sec- Outlays ...... 2,099.0 2.088.0 ¥11.0 Chairman, Committee on the Budget, U.S. Sen- Revenues ...... 1,589.9 1,607.2 17.3 tion 308(b) and in aid of section 311 of ate, Washington, DC. OFF-BUDGET: the Congressional Budget Act of 1974, DEAR MR. CHAIRMAN: The enclosed tables Social Security Outlays3 .. 416.0 416.0 0 Social Security Revenues 604.8 604.8 0 as amended. This report meets the re- below show the effects of Congressional ac- quirements for Senate scorekeeping of tion on 2006 budget and are current through SOURCE: Congressional Budget Office. November 16, 2005. This report is submitted 1. H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal section 5 of S. Con. Res. 32, the first Year 2006, assumed the enactment of emergency supplemental appropria- under section 308(b) and in aid of section 311 tions for fiscal year 2006, in the amount of $50 billion in budget authority concurrent resolution on the budget for of the Congressional Budget Act, as amend- and approximately $62.4 billion in outlays, which would be exempt from the 1986. ed. enforcement of the budget resolution. Since the current level totals exclude The estimates of budget authority, out- the emergency appropriations in Public Laws 109–13, 109–61, 109–62, This report shows the effects of con- 109–268, 109–73, 109–77 and 109–88 (see footnote 1 on Table 2), the gressional action on the 2006 budget lays, and revenues are consistent with the budget authority and outlay totals specified in the budget resolution have through November 16, 2005. The esti- technical and economic assumptions for fis- also been reduced (by the amounts assumed for emergency supplemental cal year 2006 that underlie H. Con. Res. 95, appropriations) for purposes of comparison. mates of budget authority, outlays, 2. Current level is the estimated effect on revenue and spending of all the Concurrent Resolution on the Budget for legislation that the Congress has enacted or sent to the President for his and revenues are consistent with the Fiscal Year 2006. Pursuant to section 402 of approval. In addition, full-year funding estimates under current law are in- technical and economic assumptions of that resolution, provisions designated as cluded for entitlement and mandatory programs requiring annual appropria- tions even if the appropriations have not been made. the 2006 concurrent resolution on the emergency requirements are exempt from 3. Excludes administrative expenses of the Social Security Administration, budget, H. Con. Res. 95. Pursuant to enforcement of the budget resolution. As a which are off-budget. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2006, AS OF NOVEMBER 16, 2005 [In millions of dollars]

Budget au- thority Outlays Revenues

Enacted in Previous Sessions: Revenues ...... n.a. n.a. 1,607.650 Permanents and other spending legislation ...... 1,293,011 1,250,287 n.a. Appropriation legislation ...... 0 382,272 n.a. Offsetting receipts ...... ¥479,872 ¥479,872 n.a. Total, enacted in previous sessions: ...... 813,139 1,152,687 1,607,650 Enacted This Session: Authorizing Legislation: TANF Extension Act of 2005 (P.L. 109–19) ...... 148 165 0 An act approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2005 (P.L. 109–39) ...... 0 0 ¥1 Dominican Republic-Central America-United States Free Trade Agreement Implementation Act (P.L. 109–53) ...... 27 27 ¥3 Energy Policy Act of 2005 (P.L. 109–58) ...... 141 231 ¥588 Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (P.L. 109–59) ...... 3,444 36 9 National Flood Insurance Program Enhanced Borrowing Authority Act of 2005 (P.L. 109–65) ...... 2,000 2,000 0 Pell Grant Hurricane and Disaster Relief Act (P.L 109–66) ...... 2 2 0 TANF Emergency Response and Recovery Act of 2005 P.L. 109–68) ...... ¥4,965 105 0

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13346 CONGRESSIONAL RECORD — SENATE November 18, 2005 TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2006, AS OF NOVEMBER 16, 2005— Continued [In millions of dollars]

Budget au- thority Outlays Revenues

Natural Disaster Student Aid Fairness Act (P.L. 109–86) ...... 36 18 0 Community Disaster Loan Act of 2005 (P.L. 109–88) ...... 751 376 0 Medicare Cost Sharing and Welfare Extension Act of 2005 (P.L. 109–91) ...... 354 341 0 An act to extend the special postage stamp for breast cancer research for two years (P.L. 109–100) ...... ¥1 ¥1 0 Appropriation Acts: Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13) ...... ¥39 ¥21 11 Interior Appropriations Act, 2006 (P.L. 109–54) ...... 26,211 17,301 122 Legislative Branch Appropriations Act, 2006 (P.L. 109–55) ...... 3,804 3,185 0 Homeland Security Appropriations Act, 2006 (P.L. 109–90) ...... 31,860 19,306 0 Agriculture Appropriations Act, 2006 (P.L. 109–97) ...... 99,333 57,310 0 Foreign Operations Appropriations Act, 2006 (P.L 109–102) ...... 20,979 8,164 0 Total enacted this session: ...... 184,085 108,545 ¥450 Continuing Resolution Authority: Continuing Resolution, 2006 (P.L. 109–77) ...... 615,060 392,014 0 Passed pending signature: Energy and Water Appropriations Act, 2006 (H.R. 2419) ...... 30,459 19,604 0 State, Justice, and Commerce Appropriations Act, 2006 (H.R. 2862) ...... 58,2190 35,763 0 Total, passed pending signature ...... 88,669 55,367 0 Entitlements and mandatories: Difference between enacted levels and budget resolution estimates for appropriated entitlements and other mandatory programs ...... 366,557 379,409 n.a. Total Current Level 1,2/ ...... 2,067,510 2,088,022 1,607,200 Total Budget Resolution ...... 2,144,384 2,161,420 1,589,892 Adjustment to budget resolution for emergency requirements 3/ ...... ¥50,000 ¥62,424 n.a. Adjusted Budget Resolution ...... 2,094,384 2,098,996 n.a Current Level Over Adjusted Budget Resolution ...... n.a. n.a. 17,308 Current level Under Adjusted Budget Resolution ...... 26,874 10,974 n.a. 1. Pursuant to section 402 of H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. As a result, the cur- rent level totals exclude: $30,757 million in outlays from the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (P.L. 109–13); $7,750 million in outlays from the Emergency Sup- plemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (P.L. 109–61); $21,841 million in outlays from the Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (P.L. 109–62); $200 million in budget authority and $245 million in outlays from the TANF Emergency Response and Recovery Act of 2005 (P.L. 109–68); ¥$3,191 million in revenues and $128 million in budget authority and outlays from the Katrina Emergency Tax Relief Act of 2005 (P.L. 109–73), $47,743 million in budget authority and $26,543 million in outlays from the Continuing Resolution (P.L. 109– 77), and ¥$751 million in budget authority from the Community Disaster Loan Act of 2005 (P.L. 109–88). 2. Excludes administrative expenses of the Social Security Administration, which are off-budget. 3. H. Con. Res. 95, the Concurrent Resolution on the Budget for Fiscal Year 2006, assumed the enactment of emergency supplemental appropriations for fiscal year 2006, in the amount of $50,000 million in budget authority and $62,424 million in outlays, which would be exempt from the enforcement of the budget resolution. Since the current level totals exclude the emergency appropriations in P.L. 10–13, P.L. 109–61, and P.L. 109–62 (see footnote 1 above), the budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. Notes: n.a. = not applicable; P.L. = Public Law. Source: Congressional Budget Office.

NOMINATIONS OF WILLIAM Commission arguing against giving the Clearly, the oil companies are not sim- KOVACIC AND THOMAS ROUSCH agency additional authority to protect ply passing on higher crude oil costs Mr. WYDEN. Mr. President, when it consumers against price gouging at the but are also adding on substantial in- comes to energy, the Federal Trade gas pump. For example, the FTC Chair- creases to the cost of gasoline above Commission, FTC, is basically out of man recently made statements oppos- and beyond the higher crude costs. the consumer protection business. ing Federal price gouging laws, because Since the early 1970s, there has never Well over a year ago, I released a re- ‘‘they are not simple to enforce’’ and been the kind of disparity between in- port documenting the Federal Trade that they could do more harm to con- creases in the price of gasoline and the Commission’s campaign of inaction sumers. increase in the price of crude oil that when it comes to protecting consumers But 28 States already have price we are seeing today. We didn’t see this at the gas pump. My report docu- gouging laws on their books and two great of a price difference even in the mented how the FTC has refused to state attorney General testified at last days of the longest gas lines following challenge oil industry mergers that the week’s joint hearing by the Senate En- the OPEC embargo. Government Accountability Office says ergy and Commerce Committees that Over the past 30 years, gasoline have raised gas prices at the pump by these laws are more beneficial than prices never rose more than 5 percent 7 cents a gallon on the West Coast. My harmful to consumers. higher in a year than the cost of crude report also documented how the FTC In her testimony before the joint increased. But in the past year, gas failed to act when refineries have been Senate hearing last week, FTC Chair- price increases outpaced crude by 36 shut down or to stop anti-competitive man Majoras described what I consider percent. And since Hurricane Katrina, practices like redlining and zone pric- to be an astounding theory of con- the price difference has soared even ing. sumer protection when she essentially higher to 68 percent. Since then, nothing has changed. said there is no need for Federal price Further evidence of price gouging Despite the recent record-high prices gouging laws no matter how high the can be found in what happened on the for consumers and record profits by big price goes. She argued that gasoline west coast immediately following Hur- oil companies, we are seeing a record price gouging was a ‘‘local issue’’ even ricane Katrina when prices surged 15 level of inaction by the Federal Trade if the price gouger was a multinational cents per gallon overnight. For years, Commission, FTC, on behalf of energy oil company. oil industry officials, the Federal consumers. FTC officials also recently testified Trade Commission and other govern- In the last few months, when the before Congress that the agency has no ment agencies have maintained that price of gasoline soared to an all-time authority to stop price gouging by in- the west coast is an isolated gasoline record-high level, the FTC has been in- dividual oil companies. Despite this market from the rest of the country. visible. As far as I can tell, the FTC clear gap in the agency’s authority, the West coast supplies were not affected failed to take any action at all in the FTC has refused to say what additional by the hurricane. The west coast gets wake of hurricanes in the gulf that authority it needs to go after price almost none of its gasoline from the sent the price of gasoline skyrocketing gouging, as I have pressed them to do gulf. If the west coast is an isolated to over $3 a gallon nationwide. for years. market as the oil industry has claimed If you do a Google search on the Mr. President and colleagues, there is for years, then Katrina is no justifica- ‘‘FTC and gasoline prices,’’ nothing gasoline price gouging going on today tion for jacking up gas prices on the comes up that shows the FTC is taking and it didn’t start with Hurricane west coast immediately after the hurri- any action on behalf of energy con- Katrina. As The Wall Street Journal cane hit. sumers. documented in September, gasoline The FTC is the principal consumer What you will find are statements by prices have increased twice as fast as protection agency in the Federal Gov- the Chairman of the Federal Trade crude oil price during the past year. ernment. It is the Federal agency that

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13347 can and should take action when gaso- concentrated markets, oil companies To give one example, the FTC cre- line markets are going haywire as they don’t need to collude in order to raise ated a ‘‘Do Not Call’’ program to pre- have both before and since Hurricane prices. The FTC’s former General vent consumers from being hassled at Katrina. Counsel William Kovacic has said that home by telemarketers. With its ‘‘Do But instead of action, we have ex- ‘‘It may be possible in selected markets Not Call’’ program, the agency pushed cuses. In the past, the FTC often for individual firms to unilaterally in- to protect consumers to the limits of claimed that it was studying the prob- crease prices.’’ In other words, the FTC its authority and even went beyond lem or monitoring gasoline markets as General Counsel basically admitted what the courts said it had authority an excuse for its inaction on gas pric- that oil companies in these markets to do. ing. can price gouge with impunity. Mr. But in the case of energy, the FTC Recently, the FTC’s campaign of in- Kovacis is one of the two nominees for has a regulatory blind spot. And this action has even extended to its studies. FTC Commissioner who is now before has been true in both Democratic and The FTC Chairman testified last week the Senate. Republican administrations. It’s been a that a study of gas price gouging that Despite all this evidence that gaso- bipartisan blind spot that keeps the Congress required the FTC to complete line markets around the country have agency from looking out for gasoline by this month would not be ready until become more concentrated and, in consumers. next spring. these concentrated markets, individual The FTC won’t even speak out on be- Mr. President, the FTC’s campaign of firms can raise prices and extract mo- half of consumers getting gouged at inaction is approaching the point of pa- nopoly profits, the FTC has failed to the gas pump. The agency won’t use its ralysis! take effective action to check oil in- bully pulpit to even say that record- The FTC has continued its program dustry mergers. In the vast majority of high gasoline prices are an issue of con- of inaction on behalf of gasoline con- cases, the FTC took no action at all. cern, that they will be looking at close- sumers despite findings by the U.S. In addition to its inaction in merger ly. Government Accountability Office, cases, the FTC has also failed to act The FTC’s approach on gas prices has GAO, that the FTC’s policies are rais- against proven areas of anti-competi- got to change. I’m not going to support ing prices at the gas pump. tive activity. the business as usual approach on en- In May 2004, GAO released a major Major oil companies are charging ergy we’ve seen for too long at the study showing how oil industry merg- dealers discriminatory ‘‘Azone prices’’ FTC. So, I have asked the Senate lead- ers the FTC allowed to go through dur- that make it impossible for dealers to ership for additional time to study the ing the 1990’s substantially increased compete fairly with company-owned views of the two nominees to the Fed- concentration in the oil industry and stations or even other dealers in the eral Trade Commission, Mr. William increased gasoline prices for consumers same geographic area. With zone pric- Kovacic and Mr. THOMAS Rousch. I just by as much as seven cents per gallon ing, one oil company sells the same on the West Coast. received detailed letters and other doc- gasoline to its own brand service sta- uments from each of them. Specifically, GAO found that during tions at different prices. The cost to the 1990’s the FTC allowed a wave of oil I have asked the leadership for time the oil company of making the gasoline for consultation on these two nomina- industry mergers to proceed, that these is the same. In many cases, the cost of mergers had substantially increased tions, as it is not my intent at this delivering that gasoline to the service time to lodge a formal objection to a concentration in the oil industry and stations is the same, but the price the that almost all of the largest of the oil unanimous consent request to consider service stations pay is not the same. them. I will use the time between now industry mega-mergers examined by And the station that pays the higher and when the Senate returns in Decem- GAO each had increased gasoline prices price is not able to compete. ber to examine their records more by one to two cents per gallon. Essen- Another example of anticompetitive tially, the GAO found that the FTC’s practices now occurring in gasoline carefully and reach a decision as to oil merger policies during the 1990’s markets is a practice known as ‘‘red- whether these individuals are com- had permitted serial price gouging. lining.’’ This involves oil companies mitted to and will in fact work aggres- Two years ago, when the current FTC making certain areas off-limits to sively toward changing the culture of Chairman, Deborah Majoras, came be- independent gasoline distributors inaction at the FTC regarding con- fore the Senate for confirmation, I known as jobbers who could bring com- sumer protection in the energy field. asked her to respond to the GAO’s re- petition to the area. f port. Despite her promise to do so, I The Federal Trade Commission’s own TRIBUTE TO EARL LEE have yet to receive any response from investigation of west coast gasoline MONHOLLAND Chairman Majoras. markets found that the practice of red- The GAO is not alone in documenting lining was rampant in west coast mar- Mr. GRASSLEY. Mr. President, I rise how FTC regulators have been missing kets and that it hurt consumers. But today to mark the loss of one of my in action when it comes to protecting the FTC concluded it could only take staff members and to make a state- consumers at the gas pump. Since 2001, action to stop this anti-competitive ment for The CONGRESSIONAL RECORD oil industry mergers totaling $19.5 bil- practice if the redlining was the result about the good work of this individual lion have been unchallenged by the of out-and-out collusion, a standard for the people of Iowa. Earl Lee FTC, according to an article in that is almost impossible to prove in Monholland died at home on October Bloomberg News. The article also re- court. 31, 2005, due to heart illness, at the age ported that these unchecked mergers In my home State of Oregon, one of 37. Earl worked on my staff for 12 may have contributed to the highest courageous gasoline dealer took on the years as a constituent services spe- gasoline prices in the past 20 years. big oil companies and won a multi-mil- cialist in Davenport, Cedar Rapids, and According to the FTC’s own records, lion dollar court judgment in a case Washington, DC. He was a dedicated the agency imposed no conditions on 28 that involved redlining. This dealer public servant who thoroughly enjoyed of 33 oil mergers since 2001. gave the evidence he used to win his helping Iowans. He was committed to You can see the results of the FTC’s case in court to the Federal Trade providing assistance in a responsive inaction at gas stations in Oregon and Commission. But the Federal Trade and timely manner and to making sure all across America. Nationwide, the Commission the preeminent consumer that whatever could be done got done GAO found that between 1994 and 2002, protection agency in the Federal Gov- behalf of a constituent having prob- gasoline market concentration in- ernment failed to do anything to help lems with the Federal bureaucracy. creased in all but four states. As a re- this dealer or reign in the anti-com- Earl also was an outstanding colleague sult of FTC merger policies, 46 States’ petitive practices at issue in his case. to his fellow staff members, going out gasoline markets are now moderately In areas other than energy, the Fed- of his way to make things work for the or highly concentrated, compared to 27 eral Trade Commission has been a entire team, especially with the com- States in 1994. great consumer protection agency. It puter systems. I greatly appreciate the The FTC, oil industry officials and has not hesitated to move aggressively fine work that Earl did during the last consumer groups all agree that in these to act on behalf of consumers. 12 years and the unassuming way he

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13348 CONGRESSIONAL RECORD — SENATE November 18, 2005 got the job done. There is no doubt cended to the chairmanship of this Com- have been fulfilled beyond his original expec- that Earl Monholland will be missed by mittee. Senator Fulbright, in fact, holds he tations. The program was meant to expand his friends and colleagues on the Grass- record as the longest serving chairman of the ties between nations, improve international ley staff. Foreign Relations Committee, a remarkable commerce, encourage cooperative solutions tenure from 1959 to 1974. to global problems, and prevent war. In his f Since the beginning of the United States book, The Price of Empire, he wrote: ‘‘Edu- 100TH ANNIVERSARY OF THE Senate, there have been only 1884 Senators. cational exchange is not merely one of those nice but marginal activities in which we en- BIRTH OF J. WILLIAM FULBRIGHT Of these, only 48 have served five complete six-year terms. Senator Fulbright is a mem- gage in international affairs, but rather, Mr. LEAHY. Mr. President, Dr. Allan ber of this exclusive club, having served from from the standpoint of future world peace Goodman, President of the Institute 1945 through 1974. At the end of next year, I and order, probably the most important and for International Education, recently would join this group of Senators who have potentially rewarding of our foreign policy passed along a speech that Senator served at least 30 years in the Senate. activities.’’ He called the Fulbright Scholar- Like Senator Fulbright, I discovered the ship Program, ‘‘a modest program with an DICK LUGAR gave at Pembroke College extraordinary challenges and opportunities immodest aim—the achievement in inter- in Oxford, England commemorating the of international education at Pembroke Col- national affairs of a regime more civilized, 100th Anniversary of the Birth of J. lege—my first trip outside of the United rational, and humane than the empty system William Fulbright. States. The parameters of my imagination of power of the past.’’ Senator LUGAR is one of the finest expanded enormously during this time, as I For Senator Fulbright, the program also statesmen in the Senate, and I have en- gained a sense of how large the world was, was intended to give participants a chance to joyed working closely with him on a how many talented people there were, and develop a sense of global service and respon- how many opportunities one could embrace. sibility. Alumni of the program are among number of issues. His speech at Pem- the most visible leaders in their respective broke College highlights his leadership In my first year of residence at Pembroke College, emboldened by Master McCallum’s countries. Over the decades, they have ex- and insight on U.S. foreign policy. Fulbright stories, I decided to write to Sen- plained to their fellow citizens why diplo- I ask unanimous consent that his ator Fulbright. He was in the midst of an macy and international cooperation are im- statement be printed in the CONGRES- embattled relationship with Senator Joseph portant. They have been advocates of inter- SIONAL RECORD so that all Senators can McCarthy of Wisconsin, and he shared with national engagement within governments, see these thoughtful remarks. me his thoughts about the McCarthy era in corporations, schools, and communities that There being no objection, the mate- a series of letters as our correspondence ex- do not always recognize the urgency of solv- panded. I was deeply moved that he took the ing global problems. rial was ordered to be printed in the In August of this year, I traveled to Mo- RECORD, as follows: time to write to me and even more aston- ished to learn, years later, that he had kept rocco, a key U.S. ally and a lynchpin in the THE 100TH ANNIVERSARY OF THE BIRTH OF J. my letters. development of democracy and liberalism in WILLIAM FULBRIGHT He was especially generous to me when I the Arab world. I was there following a hu- My Lords, Ladies, and Gentlemen, it is an became chairman of the Foreign Relations manitarian mission to finalize the release of honor to have the opportunity to deliver this Committee in 1985 for the first time. He the last 404 Moroccan POWs held by the address as we commemorate the 100th anni- wrote: ‘‘It is an unusual coincidence that two Polisario Front since the Algerian-Moroccan versary of Senator J. William Fulbright’s Rhodes men from Pembroke should be Chair- conflict over the Western Sahara. While in birth and celebrate the achievements of a vi- men of the Committee. I think Cecil Rhodes Morocco, I asked our Embassy in Rabat to sionary statesman, humanitarian, and son of would be as pleased as the two Masters of set up a meeting with Moroccan opinion Pembroke College. It is particularly moving Pembroke would be.’’ He continued to offer leaders to discuss bilateral ties and regional to be here in a place that meant so much to encouragement during visits that we enjoyed issues. It has been my experience that in Senator Fulbright and means so much to me. at Senate receptions and reunions. In Sep- most nations, such groups of opinion leaders Last year, I joined 25 of my classmates for tember 1986, I had the great pleasure to join will contain Fulbright alumni. Sure enough, the 50th reunion of the entering Class of 1954 Senator Fulbright at the University of Ar- two of the seven guests had benefited from at Pembroke College, and we have continued kansas, where he had served as President, for study in the United States through the Ful- that reunion through our correspondence. I a celebration of the Fulbright Scholarship bright program—a college President who had was the only American in the College in 1954, Program. done research at Princeton University and a law professor who had done research at but was elected President of the JCR the fol- THE FULBRIGHT PROGRAM AT WORK lowing year in a most generous spirit of George Washington University. Senator Fulbright is known throughout In my judgment, the impact of the Ful- Trans-Atlantic cooperation. The election the world for the educational exchange pro- bright program as a foreign policy tool has provided a spur to my vivid imagination of gram that bears his name. Each year, ap- extended well beyond the accomplishments what might happen in years to come. proximately 2,600 international students re- and understanding of its own participants. It THE EXAMPLE OF SENATOR FULBRIGHT ceive scholarships to study in the United has been the most influential large-scale Soon after I arrived at Pembroke, my States through the Fulbright program. Si- model for promoting the concept of inter- tutor in politics, Master R.B. McCallum, told multaneously, it provides about 1,200 Amer- national education, and it has been the pri- me about his tutorial work with Senator ican students the opportunity to study over- mary validation of the American university William Fulbright of Arkansas. I did not seas. In addition, 1,000 American scholars system to the rest of the world. have the pleasure of serving with Senator and 700 international scholars teach and per- In the United States, we have critiqued Fulbright in the Senate. He left office in form research each year under Fulbright and even lamented some aspects of our pub- 1974, two years before I was elected to rep- grants. Since Senator Fulbright’s legislation lic diplomacy since the end of the Cold War. resent Indiana. But his influence on my ca- passed in 1946, the program has provided But hosting foreign students has been an un- reer and development was profound and per- more than 290,000 participants the chance to qualified public diplomacy success. In nu- manent. study, teach, and conduct research in a for- merous hearings and discussions on public Senator Fulbright and I shared a remark- eign country. As Master McCallum declared diplomacy, the Foreign Relations Committee able number of common experiences, though in 1963, ‘‘Fulbright is responsible for the has heard reports of the impact of foreign ex- generally these. occurred decades apart. greatest movement of scholars across the changes. Of the 12.8 million students enrolled Both Senator Fulbright and I won Rhodes face of the earth since the fall of Constanti- in higher education in the United States dur- Scholarships after earning our bachelor’s de- nople in 1453.’’ ing the last academic year, almost 600,000— grees. Both of us chose to study at Pembroke Fulbright students and scholars are se- some 4.6 percent—were foreign under- College. Both of us focused much attention lected according to academic achievement graduate and graduate students. My home on government and economics while at Ox- and leadership potential. Alumni of the pro- state of Indiana currently is the temporary ford. And both of us were blessed with the gram have received 35 Nobel Prizes, 65 Pul- home of about 13,500 foreign students. The same tutor, R. B. McCallum. Senator Ful- itzer Prizes, 22 MacArthur Foundation ‘‘ge- success of American universities with for- bright studied under the Master near the be- nius’’ awards, and 15 U.S. Presidential Med- eign students would not have been as pro- ginning of his career, while I was tutored als of Freedom. found without the stimulation of foreign in- much later. The Fulbright Program’s remarkable con- terest in American higher education pro- Both of us were elected to the Senate from tributions to the development of the 290,000 vided by the Fulbright program. our home states—Arkansas in his case, and participants provide ample justification for Last year, I traveled to Georgia and met Indiana in mine. Both of these states are in the program. But Senator Fulbright ex- with its new president, Mikhail Saakashvili. the interior of the United States and neither pected much more. He always was unabashed President Saakashvili received his law de- was typically associated with international in his advocacy of the program as a foreign gree from Columbia University, where he interests a half-century ago. But both of us policy tool. For him, the Fulbright Program studied under the Muskie Fellowship pro- sought a seat on the Senate Foreign Rela- was not intended merely to benefit indi- gram. In fact, almost every member of his tions Committee, which has oversight of US. vidual scholars, or more generally to ad- cabinet had attended an American college or foreign policy and diplomacy. Both of us, as- vance human knowledge—though those goals university during their academic careers.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13349 The result was that the leadership of an im- Earlier this week, I presided over a hearing tools of national power. Even as we seek to portant country had a personal under- of the Senate Foreign Relations Committee capture key terrorists and destroy terrorist standing of the core elements of American that was concerned with the potential threat cells, we must be working with many nations society and governance. Perhaps more im- from avian influenza. If the H5 N1 virus de- to perfect a longer term strategy that re- portantly, they had an understanding and velops in a way that allows it to be effi- shapes the world in ways that are not condu- appreciation of Americans themselves. These ciently transmissible between humans, tens cive to terrorist recruitment and influence. individuals were key participants in the of millions of lives worldwide will be at risk. To survive and to prosper in this century, ‘‘Rose Revolution’’ in Georgia, which is No nation is likely to be spared the effects of the United States must assign U.S. economic transforming that country. such a pandemic. However, nations working and diplomatic capabilities the same stra- NATIONAL PRIDE AND NATIONAL HUMILITY together to detect the emergence of new tegic priority that we assign to military ca- Funding a great foreign exchange program strains and to contain quickly an outbreak pabilities. We must commit ourselves to the is a sign of both national pride and national could greatly mitigate the risk. In a very painstaking work of foreign policy day by humility. Implicit in such a program is the real and discernible way, our ability to com- day and year by year. We must commit our- audacious view that people from other na- municate and work with each other across selves to a sustained program of repairing tions view one’s country and educational borders may well determine the fate of mil- and building alliances, expanding trade, system as a beacon of knowledge—as a place lions of people. The effectiveness of our re- fighting disease, pursuing resolutions to re- where thousands of top international schol- sponse will depend on the investments we gional conflicts, fostering and supporting de- ars would want to study and live. But it is have made in knowledge, relationships, and mocracy and development worldwide, con- also an admission that a nation does not communications. trolling weapons of mass destruction, and ex- have all the answers—that our national un- The same can be said for cooperation in plaining ourselves to the world. Very fortunately, leaders of the United derstanding of the world is incomplete. It is the disarmament arena. For fourteen years, Kingdom have been thinking with us and an admission that we are just a part of a I have been engaged in overseeing and ex- working with us during these years of world- much larger world that has intellectual, sci- panding the Nunn- Lugar Cooperative Threat wide terrorist threats and severe challenges entific, and moral wisdom that we need to Reduction program. This is the U.S. effort to to human values. Earlier this year, I enjoyed learn. help the states of the former Soviet Union In a speech on the Senate floor in 1966, dur- safeguard and destroy their vast stockpiles a breakfast meeting with Prime Minister ing the Vietnam War, Senator Fulbright un- of nuclear, chemical, and biological weapons, Tony Blair at the British Embassy in Wash- derscored his concern about our national hu- so that they do not fall into the hands of ter- ington and later a second visit with him in mility by saying: ‘‘Power tends to confuse rorists. Just as Senator Fulbright counted his offices at 10 Downing Street. We dis- itself with virtue and a great nation is par- scholars who benefited from his program, I cussed development assistance and debt for- ticularly susceptible to the idea that its have made a point of counting the weapons giveness in Africa; democracy building in power is a sign of God’s favor.’’ eliminated by the Nunn-Lugar program. Cur- Iraq and the wider Middle East; terrorist Senator Fulbright understood that a great rently, almost 7,000 nuclear warheads have threats to the United States, Great Britain, nation must continue to invest in its own been safely dismantled, along with hundreds and many other places; and how to maintain wisdom and capabilities for human inter- of missiles and bombers. We are in the proc- U.S.-UK. solidarity, even in the midst of po- action. He understood that no amount of ess of destroying vast stockpiles of chemical litical partisanship in both the House of military strength or even skillful decision- weapons, safeguarding numerous biological Commons and the U.S. Congress. Foreign making could make up for a lack of alli- weapons facilities, and providing employ- Minister Jack Straw has been a frequent vis- ances, trading partners, diplomatic capabili- ment to tens of thousands of weapons sci- itor to my Senate office, and I will enjoy ad- ties, and international respect. Maintaining entists. Each weapon that is disabled rep- ditional visits with British officials in Lon- alliances and friendships between nations is resents a small step toward security. don in the next few days. hard work. No matter how close allies be- Explaining and promoting the Nunn-Lugar In addition to the vision of William Ful- come, centrifugal forces generated by basic program has been complicated by the fact bright, which we celebrate today, I am cer- differences in the size, location, wealth, his- that most of its accomplishments have oc- tain he would join me in celebrating, again, tories, and political systems of nations tend curred outside the attention of the media. the vision of Cecil Rhodes as he established to pull nations apart. Alliances work over Although progress is measurable, it does not the Rhodes scholarships, which brought us to long periods of time only when leaders and occur as dramatic events that make good Pembroke. In the years of our selection, Sen- citizens continually reinvigorate the union news stories. At Surovatikha, for example, ator Fulbright and I were one of 32 young and its purposes. Russian solid fuel SS–18 and SS–19 missiles Americans who were given an extraordinary opportunity through the generosity of the THE BUILDING BLOCKS OF FOREIGN POLICY are being dismantled at a rate of four per month. This facility will grind on for years, Rhodes Trust to come to Oxford University. Often we need to pause to remember that until all the designated missiles are de- We both chose Pembroke College and were the practice of foreign policy is not defined stroyed. At Shchuchye, the United States admitted to this College. That opportunity by a set of decisions. Unfortunately, report- and Russia are building a chemical weapons changed the horizons of our lives, our expec- ers, politicians, and even most historians destruction facility that will become oper- tations of what we might achieve, and our portray foreign policy as a geopolitical chess obligations to assume more risks and to un- ational in 2007. It will destroy about 41⁄2 per- game or a series of great diplomatic events. cent of Russia’s currently declared chemical dertake more challenges in the service of This perception is reinforced by books and weapons stockpile per year. This is a pains- others. movies about dramatic moments in diplo- taking business conducted far away from our One of my Rhodes Scholar selectors put it matic history, like the Cuban Missile Crisis. shores outside the light of media interest. very bluntly when he asked, ‘‘Why should we These events capture our imagination, be- The destruction of a decaying nuclear war- put Rhodes Trust money on you as opposed cause we relive the struggles of leaders dur- head, the links between international epi- to any of the thousands of talented young ing times of great risk as they weigh the po- demiologists, and the training of an indi- Americans we could choose? tential consequences of their actions. We ask vidual scholar appear to be small matters in A host of circumstances finally made it whether Presidents and Prime Ministers the context of global affairs. But these are possible for both of us to serve as a U.S. Sen- were right or wrong in adopting a particular exactly the kinds of building blocks on ator and as Chairman of the Senate Foreign strategy. which international security and human Relations Committee. In my case, I sincerely But Senator Fulbright understood that cri- progress depend. doubt that I would have enjoyed these oppor- sis decision-making is a very small slice of a tunities without those remarkably formative nation’s foreign policy. He understood that a THE SOURCE OF NATIONAL POWER two years at Pembroke College. I feel safe in successful foreign policy depends much more Since September 11, 2001, the United States saying that neither Senator Fulbright nor I on how well a nation prepares to avoid a cri- has been engaged in a debate over how to would have approached international schol- sis. apply national power and resources most ef- arships, international diplomacy, and a pas- When a nation gets to the point of having fectively to achieve the maximum degree of sionate quest for world peace with the same to make tactical choices in a time of crisis— security. Recent foreign policy discussions inspiration and tenacity without our Rhodes it almost always is choosing between a bad have often focused on whether to make con- Scholar experiences at Pembroke College, option and a worse option. Crisis decision- cessions to world opinion or whether to pur- Oxford University. making is to foreign policy what a surgeon is sue perceived national security interests As Senator Fulbright explained in a 1945 to personal health. Whether a body will re- unencumbered by the need to seek the coun- Senate speech, just before the end of the war sist disease depends on good nutrition, con- sel and support of the international commu- in Europe, ‘‘Peace does not consist merely of sistent exercise, and other healthy prepara- nity. But this is a false choice. National se- a solemn declaration or a well-drafted Con- tions much more than the skill of a surgeon curity can rarely be separated from the sup- stitution. The making of peace is a con- employed as a last resort after the body has port of the international community, if only tinuing process that must go on from day to broken down. The preparation for good because American resources and influence day, from year to year, so long as our civili- health and for a strong foreign policy is the are finite. zation shall last.’’ part that we can best control, and it is the Throughout this process, I have been mak- The success of such peacemaking will de- part that must receive most of our energies ing the point that we are not placing suffi- pend on our willingness to prepare for the and resources. cient weight on the diplomatic and economic long-term future as Senator Fulbright did—

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13350 CONGRESSIONAL RECORD — SENATE November 18, 2005 through enlightened investments in people health care. The international commu- Block Grant. I, along with Senator and relationships. And it will depend upon nity is failing to empower Somali civil Chris Dodd, spearheaded a letter, our devotion to movements exemplified by society. Without our attention and signed by 56 of our colleagues, Repub- the Fulbright Program and the Rhodes Trust support, how long do we expect this licans and Democrats alike, urging that reach out to the world with both pride Senate conferees to the Labor/HHS/ and humility. community to refuse basic human needs funded by terrorist organiza- Education Appropriations bill to up- f tions? And what are the consequences hold the Senate funding level of $637 SOMALIA of groups like AIAI being perceived by million. I understand that the con- the Somali people as generous bene- ference report on the Labor/HHS/Edu- Mr. FEINGOLD. Mr. President, I wish factors? The U.S. must work harder at cation Appropriations bill includes $637 to express my deep concern regarding providing an alternative to such ex- million for CSBG. recent news reports about piracy off tremist influences in Somalia. I hope that the conference report on the coast of Somalia. As we all know, We can no longer insulate ourselves the Labor/HHS/Education Appropria- Somalia has been without a central, from weak states. We must engage. It tions bill will be enacted soon and that recognized government for well over a is in our own national security inter- these vital resources will be directed to decade. It has been over 3 years since I ests that we work to strengthen insti- important services for low income indi- chaired a series of hearings in the For- tutions and empower civil society in viduals. eign Relations African Affairs Sub- weak and failing states in Africa in However, I cannot support the Har- committee on weak and failing states order to curtail opportunities for ter- kin amendment because if that amend- in Africa, one of which focused on the rorists and other international crimi- ment passed, it would result in an dire situation in Somalia and inad- nals. interruption of funding not only for equate U.S. policy there. Years later, A multifaceted approach is necessary CSBG, but for all the social spending U.S. policy is still stagnant, I am sorry for the future of Somalia and for the programs that low income individuals to report, and the danger persists, as future of our own campaign against depend upon. That is not a responsible these news reports indicate. The time terrorism. We cannot stand by as ter- course of action. We should not make support for is long overdue for the U.S. to make a rorist threats cross borders and desta- CSBG a partisan issue—we should work long-term commitment to addressing bilize the Horn of Africa. The inter- together to enact the Labor/HHS/Edu- this potential trouble spot. national community must intensify its cation Appropriations Conference Re- I have consistently urged the Admin- maritime vigilance. The U.S. long-term port so that money can be appro- istration to be vigilant in focusing on policy should include coordinating priately directed to fund these impor- weak states as part of the global fight with regional actors in Africa and the tant services. against terrorism. All the characteris- international community to aid posi- tics of some of Africa’s weakest tive actors working in Somalia, build f states—manifestations of lawlessness institutional capacity and legitimacy, COMMERCE-JUSTICE-SCIENCE such as piracy, illicit air transport net- promote national reconciliation, and APPROPRIATIONS works, and traffic in arms and sever community dependency on ter- Mr. FEINGOLD. Mr. President, I gemstones and people—can make the rorist funding for basic services. These want to express my disappointment in region attractive to terrorists and are difficult challenges, but Somalia is the cuts that the conference report for international criminals. Regrettably, not hopeless. A transition government H.R. 2862, the Departments of Com- Somalia is still not on the administra- and opposing factions are requesting merce and Justice, Science, and Re- tion’s radar. international mediation and attention. lated Agencies Appropriations Act of According to recent press reports, pi- They are asking us to act, and we must 2006, made to important grant pro- rates off the coast of Somalia are answer the call, for their sake as well grams that assist State and local law building strength and growing com- as ours. enforcement agencies. I voted in favor fortable in expanding their attacks. f of H.R. 2862 because of the other impor- Despite a lull in pirate attacks over CSBG tant programs that it funds, but I have the last 2 years, in just the last 6 grave concerns about these particular months there have been 25 attacks off Mr. GRASSLEY. Mr. President, no grant funding cuts. the coast of Somalia, according to the one is more committed to the Commu- I believe that Congress, in partner- International Maritime Bureau. At- nity Services Block Grant than I am. ship with States and local commu- tacks are no longer confined to the The Community Services Block Grant nities, has an obligation to provide the coast but reportedly include raids on program helps to strengthen commu- tools, technology, and training that ships hundreds of miles from the coast nities through services for poor indi- our Nation’s law enforcement officers of the Indian Ocean. The resources and viduals and families, assisting these need in order to protect our commu- the audacity of the pirates appear to be low-income individuals to become self- nities. I have consistently supported a growing. The attacks pose a tremen- sufficient. number of Federal grant programs, in- dous threat to stability and economic CSBG provides critical services to cluding the Community Oriented Polic- development in the region, including poor families throughout the country. ing Services, COPS, Program, which is neighboring countries such as Kenya Services offered by CSBG entities can instrumental in providing funding to and Djibouti that rely on maritime help support these important social train new officers and provide crime- trade and tourism. The more organized services programs such as: Head Start, fighting technologies. I also have long the pirates become, and the more lu- Low Income Home Energy Assistance supported funding for the Byrne Grant crative their crimes, the more we are Programs, LIHEAP, weatherization, Program, which provides funding to faced with another potential front in literacy and job training programs, help fight violent and drug-related the fight against terrorism, one involv- child health care, after-school pro- crime, including support to multijuris- ing a state-less network of some of the grams, housing and homeownership dictional drug task forces, drug courts, worst international actors. services, financial literacy and asset drug education and prevention pro- The State Department 2004 report on development, and food pantries and grams, and many other efforts to re- counter terrorism in Africa states that meal programs. In FY 2002, the 1,100 duce drug abuse and prosecute drug of- the Somalia-based al-Ittihad al-Islami, community action network served fenders. I know how important these AIAI, ‘‘has become highly factionalized more than 13 million individuals in programs have been to Wisconsin law and diffuse, and its membership is dif- more than 4 million families nation- enforcement efforts, in particular with ficult to define’’ and that ‘‘some mem- wide. regard to fighting the spread of meth- bers are sympathetic to and maintain Over the past few months, I have re- amphetamine abuse. Both of these pro- ties’’ with al-Qaida. State Department ceived dozens of letters from Commu- grams suffered major funding cuts in officials also acknowledge that AIAI is nity Action Agencies from across the the conference report for H.R. 2682, financing basic civil society needs in country, thanking me for my efforts on which the Senate passed on November Somalia, including schools and basic behalf on the Community Services 16, 2005.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13351 Funding for the COPS Program has of the Year in 1994. It was also one of VOTE EXPLANATION been reduced dramatically in recent the most successful recordings in a ca- Mr. SHELBY. Mr. President, on roll- years. In fiscal year 2003 the COPS Pro- reer that includes countless other mu- call vote No. 347, I was recorded as not gram received $929 million in Federal sical awards and achievements. voting. It was my intention to vote funding. In fiscal year 2004, that level He has left his heart in communities ‘‘yea.’’ was reduced to $756 million, only to far beyond San Francisco. Still today, f drop again in fiscal year 2005 to $606 he remains forever young at heart, as TERRORISM RISK INSURANCE million. And now, for fiscal year 2006, one of America’s most beloved musical EXTENSION ACT the funding level has again been re- icons who continues to entertain us duced to a mere $487.3 million, a dra- and enrich all our lives. Mr. JOHNSON. Mr. President, this matic decrease just over the last 3 fis- It is gratifying to know that his re- week the Senate Banking Committee cal years. This is unacceptable. Fund- markable career will be recognized in reported out S. 467, the Terrorism Risk ing for these grant programs has con- the Honors Awards celebration at the Insurance Extension Act of 2005 which tinually dropped even as the needs of Kennedy Center next month as a trib- will extend for 2 years the terrorism law enforcement officers, our first re- ute to his enduring contributions to risk insurance program that is due to sponders, grow. our national cultural heritage. expire on December 31. I suspect the in- Funding cuts like the ones to the Countless lives have been touched by surance industry is breathing a collec- COPS Program have been mirrored in his artistry. This year at the Kennedy tive sigh of relief that this bill has fi- cuts to Byrne grants. For fiscal year Center Honors, the country will have nally passed in the Senate. All Ameri- 2006, the administration’s budget pro- the opportunity to thank him for all cans concerned about economic growth posal would have completely elimi- that he has done so well for so long. should also feel some relief. nated this critical law enforcement f This bill represents a compromise be- program in full. Congress rightly re- tween the very strong views of the ad- KENNEDY CENTER SALUTES jected the administration’s unjustified ministration and the approach origi- ROBERT REDFORD attempt to entirely do away with this nally set forth in the bill as intro- important program, but unfortunately Mr. KENNEDY. Mr. President, each duced. I must commend Senators DODD the funding level provided this year is year the Kennedy Center pays tribute and BENNETT and their staffs for their inadequate. In fiscal year 2003, Byrne to distinguished artists who have made tireless work on this legislation, as and the local law enforcement block extraordinary contributions to the well as Chairman SHELBY and Ranking grants, which have now been merged American cultural experience. The Na- Member SARBANES. I understand that into one program, received a total of tion will be delighted to know that this getting to this point was not without $900 million in Federal funding. By fis- year Robert Redford will receive one of its challenges. Nevertheless, we arrived cal year 2005, that number was reduced these prestigious awards. at a bipartisan compromise. to $634 million. This year, the Byrne Mr. Redford exemplifies the record of There are still some who believe that program will receive a meager $416 mil- achievement and accomplishment that we do not need a terrorism insurance lion in Federal funding. It is irrespon- define the Kennedy Center Honors program with a Federal backstop; that sible to habitually take the rug out Awards. With special grace and great the capacity of the industry to provide from under our hard-working law en- talent, he has become a legend in film. this insurance has improved, and the forcement officers by taking away His roles as an actor are among the program has achieved its goals. Frank- their access to the funding they need most memorable ever on screen. He can ly, I am not convinced. Because of the to keep our communities across the be charming, as he was in Butch Cas- random and unpredictable nature of country safe. sidy and the Sundance Kid, The Sting, terrorism, I am not yet convinced that It is my hope that in the next fiscal and Barefoot in the Park. He can be se- the private sector can adequately or year, the administration and Congress rious, as he was in The Candidate and accurately assess terrorism risk in the will work together to repair the dam- All the President’s Men. And he is al- absence of a Federal backstop. age done and increase critical funding ways compelling—never more so than It has been 4 years since the Sep- to these and other programs that assist in The Great Gatsby and A River Runs tember 11 attacks that prompted the our State and local law enforcement of- Through It. passage of the Terrorism Risk Insur- ficers on a daily basis. Mr. Redford is equally accomplished ance Act. And while we have been for- tunate here in the United States that f as a director and producer. But wheth- er he stars, directs, or produces—and no events have triggered the use of this THE KENNEDY CENTER HONORS sometimes all three—a Redford project Federal backstop, the bombings in TONY BENNETT is always remarkable for its integrity, London this summer, the Madrid train Mr. KENNEDY. Mr. President, I wel- beauty, and power. bombing last year, the nightclub bomb- come the opportunity to join in com- In 2003, he was in Washington to de- ing in Bali in 2002, and the alarming in- mending one of America’s greatest art- liver the annual Nancy Hanks Lecture crease in suicide bombers in the Middle ists who will receive a Kennedy Center on the role of the arts in public policy. East serve as painful reminders of the Honors Award next month. Tony Ben- This lecture is a tribute to the memory reality of the ongoing war on terror, nett is renowned and revered by mil- of Nancy Hanks, who served as the and the fact that attacks can happen lions because of his extraordinary tal- early chair of the National Endowment anywhere at anytime. ent and outstanding musical career for the Arts, and Mr. Redford’s lecture Prior to September 11, the risk of which spans a half century, and he will was especially fitting, because he be- terrorism was not a factor when insur- always be a part of America’s musical lieves so deeply in the fundamental im- ers wrote policies. However, in the legacy. His performances are part of portance of the arts in our public pol- post-9/11 environment, the availability our national songbook—tunes each of icy. of affordable insurance for terrorism us know by heart and love to hear time His passionate belief in arts edu- risks has become a necessity. The war and again. cation has been a continuing part of on terror involves protecting our His distinctive voice and inspiring in- his outstanding career. He founded the homeland and protecting our citizens. terpretations have set the standard for Sundance Institute as part of his life- In light of the current environment, it musical artists across the years. His long commitment to expand opportuni- would be both unrealistic and pre- signature song, ‘‘I Left My Heart in ties for new works and new artists to mature to conclude that a Federal San Francisco,’’ was released over 40 ensure a vigorous American cultural backstop is no longer necessary. I years ago, but it is as fresh today as it legacy for future generations. think it was irresponsible for the ad- was in 1962, the year it won three I commend all that he has accom- ministration to suggest that it is now Grammy awards. plished. It is a privilege to join in con- appropriate to shift the burden of in- His album ‘‘MTV Unplugged’’ cap- gratulating him on this well-deserved suring against the risk of terrorist at- tured the hearts of a new generation award from the Kennedy Center. I am tacks solely to the private insurance and was awarded a Grammy for Album sure my brother would be proud of him. market.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13352 CONGRESSIONAL RECORD — SENATE November 18, 2005 We accepted the recommendations of Working Group’s recommendations, from pricing for this risk. Moreover, the administration by dropping several and it is my hope that it recommends the very nature of terrorism—a non lines of insurance from the program. inclusion of group life in the program. natural event—makes it a risk for However, there is one very critical line Additionally, I am satisfied with the which actuaries have no basis to price. that has never been included, and one ‘‘make available’’ provisions in this The bill’s required analysis of the that I am disappointed is not part of bill. At the end of the day, this pro- long-term availability and afford- this compromise bill, and that is group gram is not about the profits of the in- ability of insurance for terrorism risk, life. As I have said on numerous occa- surance industry; it is about the abil- including group life coverage, simply sions, it is critical that we create con- ity of American businesses to have ac- offers the distant hope of a solution for ditions that permit the private insur- cess to insurance protection. That group life insurers. Daily reminders of ance markets to continue to offer should be the very minimum required the continued threat of terrorism re- group life insurance coverage to em- of an industry that enjoys the type of quire an immediate solution. ployees at high risk of attack. protection we have provided. For these reasons, I respectfully urge Since 2002, I have fought to include Estimating the likelihood of attacks members of the conference committee group life insurance in the Terrorism or the extent of loss is difficult, if not to look beyond the buildings the act Risk Insurance Program. I was dis- impossible. Now is not the time for the would protect and protect the people appointed, at that time, that the Bush administration or Congress to leave inside those buildings by including administration chose to focus its ef- the private insurers to go it alone. I am group life in the extension. forts on insuring buildings against ter- pleased that last night the Senate f rorism but was dismissive of the crit- passed this important legislation. TAX RELIEF ACT OF 2005 ical role that group life insurance plays Doing nothing would not have been ac- Mr. KOHL. Mr. President, they say for tens of thousands of families at the ceptable. that timing is everything. And the tim- highest risk of terrorist attack. Mr. NELSON of Nebraska. Mr. Presi- We saw vividly, post-9/11, the suf- dent, although the Senate’s passage of ing of the Congress’s actions these days is indicative of our priorities. Yester- fering of so many families, and while the Terrorism Risk Insurance Exten- day, the House rightly voted against the most immediate grieving was for sion Act of 2005 is a good start to en- the Labor, Health and Human Services the loss of human life, the harsh re- suring continuity within our financial and Education appropriations bill that ality is that many families lost their markets in the event they are im- under funded job training, education livelihood as well. In a time of loss, a pacted by another terrorist attack, I and health care. Last night, the House life insurance policy can mean the dif- am disappointed the Act failed to in- voted to pass a reconciliation spending ference between having to sell the fam- clude group life insurance. package that would cut programs such ily home, pulling the kids out of col- Over 160 million working Americans as child support, food stamps, and Med- lege, or even, in some cases, having have coverage through a group life pol- icaid. Also last night, the Senate enough money to put food on the table. icy. For many, this coverage is their passed $60 billion worth of tax cuts. Moreover, the lack of affordable rein- only form of life insurance. Loss of this What does that say to hard working surance for group life products calls benefit would threaten their families’ Americans about the priorities of this into question the administration’s po- financial stability. Government? I want to make it clear sition that TRIA is crowding out inno- Group life insurance poses unique to my colleagues that I support many vation that would otherwise enable the risks to the carriers that provide it. of the provisions that are included in industry to offer insurance for ter- Much like workers’ compensation in- this legislation. I support tax provi- rorism risk without a governmental surance, the high level of risk con- sions aimed at helping Gulf States re- backstop. Reinsurance has essentially centration by employer and worksite cover from Hurricanes Katrina and evaporated for the group life sector, makes group life insurance particu- Rita. I support extending the tuition which Treasury specifically chose not larly vulnerable to large-scale losses deduction, the research and develop- to include in the Terrorism Risk Insur- from events such as terrorist attacks. ment tax credit, and a deduction for ance Program, and thus was not hin- Before the September 11 tragedy, teacher expenses, among others. And I dered in its pursuit of market innova- group life insurers protected against strongly support the extension of the tions. We ought to be working to cre- large-scale losses through the purchase increased exemption amounts for the ate a marketplace where reinsurance of catastrophe reinsurance. Since that alternative minimum tax. can reemerge for group life products, time, group life insurers have experi- In fact, I would support much broad- rather than jeopardize the TRIA-facili- enced a decreased availability of catas- er reform of the AMT. More and more tated appearance of reinsurance for trophe reinsurance coverage. At the middle class individuals and families products, like workers compensation, same time, the cost of this limited cov- will find themselves impacted by this which are comparable to group life. erage and its related deductible have onerous tax if Congress does not act I certainly appreciate that innova- increased to the point where the cov- soon to correct it. I would also support tions within the insurance industry erage is cost-prohibitive. Additionally, some capital gains and dividend rate may be part of the long-term solution, it is not uncommon for catastrophe re- reform. I want to make it clear to my and we certainly must facilitate that insurers to exclude terrorism on most constituents that I am not opposed to as we go forward. The time has come quotes. tax cuts—when the time is right—when for Congress to review the current reg- Opponents of group life’s inclusion we are in surplus. In 2001, I supported ulatory landscape of the insurance in- argue that free market participants the tax cut legislation, based on the dustry to ensure that it does not un- should be able to reach a price on any fact that we were running a surplus. It necessarily restrict innovation. I be- commodity. But this mindset ignores stands to reason, then, that during lieve that this legislation is consistent the fact that group life insurers do not these times of record deficits, that we with that objective—extending TRIA operate in a truly free market. Even if can ill afford the tax package the Sen- for a period of time sufficient for Con- group life insurers wanted to exclude ate approved yesterday. gress to begin looking at modernizing coverage for terrorist acts—which I want to repeat what I just said—I the regulatory scheme for insurance many, for good public policy reasons, am not opposed to tax cuts. That is while it also reviews longer term solu- reject as an option—they currently are why I supported the alternative pack- tions to the challenge of insuring prohibited from doing so. age of extensions offered by Senator against acts of terror. Ordinarily, insurers would control CONRAD. This amendment contained I am pleased that this legislation re- their risk exposure through the pre- nearly identical extension provisions. quires the Presidential Working Group miums they charge. However, in the The amendment even went further on to do a study on the long-term viabil- context of terrorism, this mechanism the AMT then the underlying bill, en- ity and affordability of terrorism in- also is no longer available for group suring that no more taxpayers pay the surance and the affordability of inclu- life insurers. The lack of historical tax over 2005. The difference? The al- sion of group life insurance. I look for- data on the incidence rate of terrorism ternative was fully paid for, through a ward to reviewing the Presidential in the United States prevents insurers series of offsets.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13353 It remains a mystery to me why so constituents in the business, I find an obligation being passed on to our many of my colleagues chose to add to these reckless demands and accusa- children and grandchildren. And our the deficit rather than responsibly ex- tions unfair and dangerous for Okla- Nation’s expenditures—because of the tend these important provisions. I homa. War in Iraq, the global war on ter- would have hoped that more of my col- As a teenager, I worked as a tool rorism, Hurricane Katrina and other leagues that voted against this alter- dresser on a drilling rig for a man by natural disasters, and countless other native would have come to the floor to the name of A.W. Swift. Many in Okla- challenges our Nation is confronting give their reasoning. Adding $60 billion homa know his name, but few in this are far outstripping our tax receipts. to the deficit is not something any of Chamber would. Like many who have The current administration has us should take lightly. When we are operated in oil and gas, he ran a thrifty placed passing tax cuts for the few cutting fundamental programs in order and tight operation but was eventually ahead of targeted tax cuts for the mid- to reduce the deficit, when we are faced taxed out of business. This same man dle class and to grow business and has with continued costs associated with lost his son, Burt Swift, after a rig ex- made us less able to address other im- rebuilding after the hurricanes, when plosion claimed his life but spared portant priorities, homeland security, costs associated with Iraq and Afghani- mine. Sacrifices, such as his, are often paying for the war in Iraq, our nation’s stan continue to mount—is that the a part of the harsh realities faced by infrastructure, health care, and edu- time to extend tax cuts without paying many in the oil business. cation. for them? Oklahoma would be especially hard I believe we need a tax system that is For me, the answer is a resounding hit by a WPT. Currently, well over fiscally responsible, helps business no. Timing is everything. When we two-thirds of the State’s oil production grow, and provides maximum relief to were in surplus, I supported tax cuts. comes from marginal wells. A marginal the middle class. That is why I support Times have changed, and we can no well is typically defined as one which tax policies that work to achieve those longer afford to adopt tax legislation produces less than 10 barrels of oil or 60 goals, and that is why I voted for the without paying for it. Yesterday, the mcf of gas a day. They are called ‘‘mar- Conrad substitute amendment, which Senate had a chance to show our con- ginal’’ because their profitability is at would have fully paid for the cost of stituents that we can make difficult times just at the margin, depending targeted middle class tax relief. budget decisions, just as so many upon production costs and current Mr. President, I am deeply concerned American families do every month. But market prices. about passing a $60 billion tax cut bill As oil prices decrease many of these instead, the Senate chose to pass the at a time when we are cutting Med- wells become uneconomical and are in- buck on that decision, and add $60 bil- icaid, food stamps, student loans, and creasingly ‘‘shut in’’ or ‘‘plugged and lion to our growing deficit. other domestic programs that will spur abandoned.’’ However, as oil prices in- Thank you, Mr. President, and I yield economic growth and help all Ameri- crease, Oklahoma’s independents in- the floor. cans. Just 2 weeks ago, the Senate Re- Mr. INHOFE. With this week’s con- creasingly drill for and produce from publican leadership brought a spending sideration of the tax reconciliation act, marginal wells. The added cost of a cut to the floor to cut $35 billion from the United States Senate engaged in a windfall profits tax drastically harms areas like healthcare and education. heated exchange over the reinstate- the economic viability Oklahoma’s The budget that passed this body con- marginal wells. ment of the windfall profits tax on tains the wrong priorities. It imposes Outside of the damage a WPT would American oil. The key question in this painful cuts on working families, as I inflict upon Oklahoma, this tax would debate, which my colleagues have not only further harm our Nation’s shrink- said at the time. Mr. President, too many working been able to answer, is how can a tax ing energy independence. America’s families in American don’t feel secure. increase on oil and gas production re- major oil companies already pay the They are worried about high gas prices duce prices? It can’t and history proves second highest corporate tax rate in and how they are going to heat their it. the industrialized world. How are they First enacted under President Jimmy homes this winter. They are worried to compete internationally with an ad- Carter in 1980, Congress imposed an ex- about how they will pay for their ditional WPT tax? How could Conoco cise levy on domestic oil production Phillips or Chevron Texaco compete health insurance and their prescription called the windfall profits tax. The re- with Total (French), BP (British), and drugs. And they are worried they won’t sult was inevitable. According to a 1990 Royal Dutch Shell (British/Dutch) not be able to afford a home or college tui- report by the nonpartisan Congres- to mention government owned and op- tion for their children. Given all this, why would the Con- sional Research Service, the results of erated oil giants like Saudi Aramco, gress pull the rug from under these Carter’s WPT were hugely counter- NIOC (National Iran Oil Company), productive: ‘‘The WPT reduced domes- Petro China, CNOOC (China National working Americans at exactly the time tic oil production between 3 and 6 per- Offshore Oil Corporation), Gazprom they need our support? The answer is cent, and increased oil imports from (Russia), and dozens more. With enact- before us today to make room for more between 8 and 16 percent . . . This ment of a WPT, American companies tax cuts. Now, some of the tax cuts made the U.S. more dependent upon would be hard pressed to effectively contained in the tax reconciliation bill imported oil.’’ compete in the competitive global mar- are certainly helpful. The research and The stakes for Oklahoma are huge ket for exploration and production. development tax credit, the deduction considering that oil and gas production The WPT gives all foreign owned oil of State and local sales tax, and the de- is our largest single industry. During companies a strong competitive advan- duction for teacher’s expenses are all debate, Democrats filed amendment tage. important provisions and should be ex- after amendment, nine in total, to pe- With more than 2,100 firms and 60,000 tended. I have voted for and cospon- nalize and to increase taxes by billions people the oil and gas industry is the sored bills that extend or make perma- of dollars on one of America’s most most critical component of Oklahoma’s nent some of these provisions. In fact, vital industries. To Oklahoma’s good economy. Many of those in the busi- I voted to extend these tax provisions fortune, and that of the American con- ness have in the past lost their busi- and all those expiring at the end of the sumer, each of these amendments was ness, their savings and their livelihood. year when I voted for the Conrad sub- either soundly defeated or withdrawn. The industry is cyclical with booms stitute amendment. That amendment Over the past few months, Democrats followed by busts as we saw most fully paid for the tax cut extensions have fired a barrage of unfair rhetoric poignantly in the 1980s. For the jobs in and the Hurricane tax relief over 10 maligning all those who work in the oil Oklahoma and the consumers at the years and did not cost the Federal and gas business. With one breath they pump, let’s reject WPT. Treasury a dime. demand Congress reign in the recent Mrs. MURRAY. Mr. President, I rise I oppose cutting critical services to high oil prices, with the next they in- to speak about the tax reconciliation pass unbalanced tax cuts that pri- sist on tax increases to punish those bill before the Senate today. marily benefit the wealthy. The capital who they claim are responsible. With Today, Americans are saddled with gains and dividend tax cut extensions, so many friends, acquaintances, and more than $8 trillion in national debt, which primarily benefit those making

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13354 CONGRESSIONAL RECORD — SENATE November 18, 2005 more than $1 million, are not in the the United States Professor of the Year Kansas: Elsie R. Shore, Professor of Psy- current version of this bill. But I know Award. Since 1981, this prestigious chology, Wichita State University. that when the tax reconciliation bill honor has been awarded to professors Kentucky: Peggy Shadduck Palombi, Asso- comes back from conference, it will who show an exceptional dedication to ciate Professor of Biology, Transylvania Uni- versity. have those provisions. We all heard teaching. This year, professors from 40 Louisiana: Roger White, Associate Pro- Senate Majority Leader FRIST when he States, the District of Columbia, and fessor of Political Science, Loyola Univer- said, and I quote ‘‘I will not bring a Guam are being honored with this sity New Orleans. conference report to the Senate floor award. Their disciplines are varied; Maryland: James M. Wallace, Professor of that does not include this extension.’’ they come from both private and public Mechanical Engineering, University of Mary- So, Mr. President, we have a choice institutions. But they have one thing land, College Park. to make: will we invest in priorities in common, and that is dedication to Massachusetts: Walter H. Johnson, Pro- like health care, education, transpor- teaching. fessor & Chair, Department of Physics, Suf- tation and job training that spur eco- These undergraduate professors do folk University. Michigan: Gary B. Gagnon, Assistant Pro- nomic growth and keep families out of more than teach information. They im- fessor of Marketing, Central Michigan Uni- poverty, or will we continue to conduct pact their classes by inspiring students versity. business as usual and pass tax cuts in a to excel. They think up new and inven- Minnesota: Mark Wallert, Professor of Bi- fiscally irresponsible way? Based on tive ways for their students to learn. ology, Minnesota State University Moor- the vote 2 weeks ago to cut $35 billion They create programs that allow stu- head. in critical help for Americans in the dents to learn through working and Missouri: Rebecca Kuntz Willits, Assistant most need, it appears that the Repub- teaching experience. Sometimes these Professor, Biomedical Engineering, Saint lican-controlled Congress has chosen professors go as far as establishing new Louis University. Montana: Jakki J. Mohr, Professor of Mar- the latter. departments in their institutions, keting, University of Montana. I understand the importance of a re- broadening academic choices for under- Nebraska: Daniel G. Deffenbaugh, Asso- sponsible Federal budget. Our nation’s graduates. College professors con- ciate Professor of Religion, Hastings College. annual deficit is more than $300 billion. tribute so much to their institutions Nevada: Paul F. Starrs, Professor of Geog- Foreign owned debt has increased by and surrounding communities, and raphy, University of Nevada, Reno. more than 100 percent over the last 5 often these vast contributions go unno- New Hampshire: Debra S. Picchi, Professor years, and we will soon be asked to in- ticed by society. I am proud that we of Anthropology, Franklin Pierce College. crease the country’s debt ceiling by an- are taking time today to honor these New Jersey: Phyllis Owens, Associate Pro- other $781 billion. At a time when we fessor of Computer Graphics, Camden County inspiring professors: College. are facing such tremendous spending 2005 U.S. PROFESSORS OF THE YEAR, NATIONAL New Mexico: Elise Pookie Sautter, Pro- pressures and an increasing deficit, I AND STATE WINNERS fessor of Marketing, New Mexico State Uni- think it would be wise to heed the Outstanding Baccalaureate Colleges Pro- versity. words of Federal Reserve Chairman fessor, W.A. Hayden Schilling, Robert New York: Jo Beth Mertens, Assistant Pro- Alan Greenspan, who said during testi- Critchfield Professor of English History, The fessor of Economics, Hobart and William mony before the Budget Committee College of Wooster, Wooster, Ohio. Smith Colleges. last year: Outstanding Community Colleges Pro- North Carolina: Cindy C. Combs, Professor ‘‘If you are going to lower taxes, you fessor, Katherine R. Rowell, Professor of So- of Political Science, University of North should not be borrowing essentially the ciology, Sinclair Community College, Day- Carolina at Charlotte. ton, Ohio. North Dakota: Jim Coykendall, Associate tax cut. That over the long run is not Outstanding Doctoral and Research Uni- Professor of Mathematics, North Dakota a stable fiscal situation.’’ versities Professor, Buzz Alexander, Pro- State University. Unfortunately, the tax reconciliation fessor of English Language and Literature, Ohio: Nathan W. Klingbeil, Associate Pro- bill before us will increase the deficit University of Michigan, Ann Arbor, Michi- fessor of Mechanical Engineering, Wright and borrow money to do so. The Senate gan. State University. was presented with the option to ex- Outstanding Master’s Universities and Col- Oregon: Jerry D. Gray, Professor of Eco- tend the tax provisions expiring at the leges Professor, Carlos G. Gutierrez, Pro- nomics, Willamette University. fessor of Chemistry, California State Univer- end of this year and pass the hurricane Pennsylvania: Jerome Zurek, Professor & sity, Los Angeles, Los Angeles, California. Chair, Department of English & Communica- tax relief in a fiscally responsible man- STATE WINNERS tion, Cabrini College. ner. Unfortunately, the sound Demo- Alabama: Guy A. Caldwell, Assistant Pro- South Carolina: Norman M. Scarborough, cratic alternative we offered failed on a fessor of Biological Sciences, University of Associate Professor of Information Science, party line vote. Alabama. Presbyterian College. Mr. President, these are very chal- Arkansas: Scott Roulier, Associate Pro- Tennessee: Jette Halladay, Professor of lenging times for our country and our fessor of Political Science, Lyon College. Speech and Theatre, Middle Tennessee State people. Working families don’t feel se- California: Philip R. Kesten, Associate University. cure about their jobs, their health care, Professor of Physics, Santa Clara University. Texas: Susan Edwards, Professor of His- Colorado: Daniel J. Pack, Professor of tory, Cy-Fair College. their pensions or their future. Many Electrical Engineering, United States Air Utah: Yasmen Simonian, Professor & Americans are making tremendous sac- Force Academy. Chair, Department of Clinical Laboratory rifices by serving in our military. We Connecticut: Lawrence F. Roberge, Asso- Sciences, Weber State University. need to show that we are on their side. ciate Professor & Chair, Department of Vermont: Sunhee Choi, Professor of Chem- We need to help make America strong Science, Goodwin College. istry and Biochemistry, Middlebury College. again. The way to do that is to invest District of Columbia: Matthew O’Gara, As- Virginia: John H. Roper, Professor of His- sociate Professorial, Lecturer, Elliott School tory, Emory & Henry College. in our people invest in their education, of International Affairs, George Washington their job training, and their future. Washington: Bruce Palmquist, Associate University. Professor of Physics & Science Education, The Republican budget does just the Florida: Ana M. Cruz, Professor of Ac- Central Washington University. opposite it cuts out those critical in- counting, Miami Dade College, Wolfson Cam- West Virginia: Carolyn Peluso Atkins, Pro- vestments so that they can reduce pus. fessor of Speech Pathology & Audiology, Georgia: Julie K. Bartley, Associate Pro- West Virginia University. taxes for a few at the top. Those are fessor of Geosciences, University of West Wisconsin: Jody M. Roy, Associate Pro- the wrong priorities. I believe America Georgia. can do better, and America deserves Guam: Kyle D. Smith, Professor of Psy- fessor & Chair, Department of Communica- ∑ better, and therefore I will vote against chology, University of Guam. tion, Ripon College this misguided budget. Idaho: Rhett Diessner, Professor of Edu- f cation, Lewis-Clark State College. f Illinois: M. Vali Siadat, Professor & Chair, OF DUTY, HONOR AND SERVICE ADDITIONAL STATEMENTS Department of Mathematics, Richard J. ∑ Mr. CRAPO. Mr. President, in the Daley College. spring of this year, I had the remark- Indiana: John B. Iverson, Professor of Biol- able experience of hosting a recording PROFESSORS OF THE YEAR ogy, Earlham College. Iowa: James L. Brimeyer, Instructor of of a history for the Library of Congress ∑ Mr. BAUCUS. Mr. President, I rise Composition & Literature, Northeast Iowa Veterans History Project. A distin- today to congratulate the winners of Community College. guished, elderly Idahoan recounted his

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13355 experiences as a supply officer during minded us of the importance of family, I could stand here every day for the World War II, notably in one of the friends, and faith in a time of crisis. next month and talk about each child units that liberated the Nazi con- Not a moment has gone by without an that needs to be adopted out of foster centration camp, Dachau. image of a mother searching for her care. The bottom line is that each of Ralph Leseburg is 86 years old and son or a daughter looking for her these children, from 1 day old to 22 lives in St. Anthony, ID with his be- grandmother. Families bring people to- years old, needs permanency. They all loved wife of 66 years, Wanda. Before gether and make it possible for them to need a loving, nurturing family that visiting my office, he returned to Da- make it through these times of uncer- will help them to grow, bring out their chau, Germany on the occasion of the tainty and hardship. unique personalities, and transform 60th anniversary of the camp’s libera- Now, more than ever, our focus is on them into beautiful adults. tion by the Americans. After taking bringing families together: we must re- Today, on National Adoption Day, I part in the commemoration ceremony, build, create, and transform these fam- have faith that this can be done and we he stopped in Washington, DC to visit ilies. National Adoption Day is a way must continue to be the catalysis. The the World War II Memorial and pay re- for this goal to be realized. It is in its miracle of adoption cannot be ex- spects to his fallen comrades. sixth year and helps the dream of a plained, but the loving parents that are Ralph was drafted in 1944 when he permanent family come true through holding their children for the first time was a young married man with three courts, judges, attorneys, and advo- today are living examples of how children living in Layton, UT. That cates who help to finalize adoptions. dreams can be realized. As an adoptive On this day, I would like to paint two young man was evident in the wizened mother myself, I cannot really explain pictures for you all: In 227 cities and 45 gentleman who sat in my office some the miracle of it, but I can only take a States, at courthouses, churches, mu- months ago, his experiences of those moment to offer my most humble difficult times surprisingly vivid in his seums, parks, and beautiful public places all over the country, at least thanks, gratitude, and appreciation to blue eyes. He spent time in France and all those across the Nation who have then in Germany assigned to the 42nd 4,000 children will find forever families, and dreams of thousands of adults will given their Saturday to help find wait- Quartermaster Company of the Army. ing children safe and loving homes. He remembers the bombings that be realized. I want you to picture what happens on this fall day, children run- Let us continue to remember, when cleared Wersberg, Germany, and bring- National Adoption Month and Day ends ing in supplies of food, clothing and ning, laughing, and playing with their new parent. Think about a girl or boy that there are still thousands of chil- ammunition for the soldiers. dren like D’Vonte and Reva who need Clearly, his most difficult time was planning their special outfit and joy- that sense of permanency. I challenge to come, for it was just months later ously awaiting the family celebration. Congress to make these children their on April 29, 1945, around 6 or 7 p.m. in Imagine the excitement welling up in- side of a child as he or she looks into first priority and to help them to fi- the evening that his company followed ∑ the troops into the liberated camps their new parent’s eyes and knows they nally realize that dream. with two truckloads of food for the sur- are finally part of a family. They will f vivors. Up to this point in the inter- never dread the sound of a car coming TRIBUTE TO HILTON A. WICK to take them away again or wonder view, Ralph had shared his experiences ∑ Mr. LEAHY. Mr. President, I rise where they will lay their heads or in great detail, telling of dates, places today to speak about Hilton Wick, a and times with remarkable acuity. which school they will be moved to. the great Vermonter who was recently When asked about what he saw that other picture is dramatically different: honored at a dedication ceremony in night, Ralph paused for a long minute In Louisiana alone, there are 4,424 chil- Burlington, VT. As a token of thanks and said, ‘‘Well, it’s just something you dren in foster care and 581,000 children for his tireless fundraising efforts on don’t like to talk about.’’ At that mo- nationwide waiting to be adopted. Only behalf of Fletcher Allen Health Care, ment, he was thousands of miles and 10 percent of these children will ever be the plaza in front of Fletcher Allen’s many years away from my office in the adopted. They have not had the luxury Ambulatory Care Center will now bear Dirksen Building. His blue eyes, glint- of their own room, a stable school envi- Hilton’s name. For decades, Hilton ing with the shine of old tears, re- ronment, or a constant adult in their Wick has committed his talents and flected the stark horror of that day, lives. the memory too overwhelming to put Most of these children entered into energy to improving his community, to words. State custody because their parents raising awareness, and inspiring in- Ralph continued to serve until 1946, were either unable or unwilling to care volvement on a wide variety of commu- when he returned to his wife and chil- for them. What today is all about is nity development projects. Not only dren and civilian life. Looking back, he transforming barriers into foundations. Burlington but all of Vermont can be said that he remembered paying atten- Tonight they will go home to their for- grateful for his outstanding leadership tion to the lifestyle of the people in the ever families. In speaking about for- and enormous generosity. countries where he served, and re- ever families, I want to bring your at- I would like to share with my col- marked that ‘‘We are blessed to be in tention to two of the many children in leagues an article from the October 29, this nation, a nation of human rights Louisiana that need forever families. 2005, edition of the Burlington Free and humanitarian service.’’ When Many children in the foster care sys- Press which magnificently describes asked about serving his country, Ralph tem are teenagers and have more dif- the contributions of Hilton Wick. I ask said only this: ‘‘It wasn’t easy to leave ficulty being adopted. These beautiful that the article be printed in the my wife and children, but I served my children are just waiting to flourish RECORD. country when I was called, and I knew with the right parent’s guidance. Reva, There being no objection, the mate- why I was called.’’ I would like to offer for example, is a 15-year-old, reserved rial was ordered to be printed in the my sincere thanks and gratitude for young woman who loves playing board RECORD, as follows: Ralph and his family for their sacrifice games. She also is great at basketball [From the Burlington Free Press, Oct. 29, and service so many years ago. It was and swimming. Reva does have a diag- 2005] a tremendous honor for me to have this nosis of major depression and HILTON WICK GIVES HIS ALL TO COMMUNITY particular member of ‘‘the greatest postraumatic stress disorder more than It is a fitting tribute to Burlington’s Hil- generation’’ in my office that day.∑ likely exacerbated by her time in fos- ton Wick that the plaza in front of Fletcher Allen Health Care’s new Ambulatory Care f ter care. D’Vonte is a 13-year-old vivacious Center is being named after him. HONORING NATIONAL ADOPTION young man who loves to dance and lis- The dedication for the Hilton A. Wick DAY ten to music on his CD player. His fa- Plaza on Sunday honors a man who has been ∑ vorite activities are working on art one of the most generous and steadfast com- Ms. LANDRIEU. Mr. President, I rise munity builders Burlington has known. today in honor of National Adoption projects and going swimming during When the hospital’s Renaissance Project Day. the summer months. As a true was in its darkest hours, Wick persevered If the events of the last few months Louisianan, he loves gumbo and is a with community fund-raising efforts despite have done nothing else, they have re- caring and affectionate child. the adversity, convinced that the goal of a

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13356 CONGRESSIONAL RECORD — SENATE November 18, 2005 better hospital remained sound and that CONGRATULATING SALYERSVILLE School of Lexington, KY. Christ the Vernmonters would benefit from it. GRADE SCHOOL King School is recognized as a 2005 No Through the years and with a broad array Child Left Behind Blue Ribbon School. of causes, Wick’s message has been ‘‘get in- ∑ Mr. BUNNING. Mr. President, today I volved, get committed, do what you can to rise to congratulate Salyersville Grade The Blue Ribbon Schools Program help achieve success and don’t forget that School of Salyersville, KY. Salyersville has been celebrating high achieving little things do matter,’’ according to his Grade School is recognized as a 2005 No schools for over 20 years. Established friend, Dan Feeney, who worked with Wick Child Left Behind Blue Ribbon School. in 1982 by the U.S. Department of Edu- on several capital campaigns. The Blue Ribbon Schools Program cation, the program has recognized Burlington, and Vermont, have been the has been celebrating high achieving more than 3,000 schools since its incep- fortunate benefactors of Wick’s remarkable tion. This year, six Kentucky schools ability to rally people around good causes, schools for over 20 years. Established including the United Way, the American in 1982 by the U.S. Department of Edu- join this distinguished list, and I am Cancer Society, the Intervale Foundation, cation, the program has recognized proud to say that Christ the King the ECHO Center and the Community Health more than 3,000 schools since its incep- School is one of the worthy recipients. Center. tion. This year, six Kentucky schools By demanding excellence from each The health center, which serves under- join this distinguished list, and I am and every student, Christ the King insured and uninsured Vermonters, recog- School truly celebrates the blue ribbon nized Wick at its annual meeting this week proud to say that Salyersville Grade as a kind of guru or ‘‘professor’’ of commu- School is one of the worthy recipients. standard of excellence that the No nity fund-raisers in Burlington. ‘‘To have By demanding excellence from each Child Left Behind Program strives to Hilton as your friend is to have a mentor, a and every student, Salyersville Grade achieve. Christ the King School is an philanthropic advisor, social connector, poli- School truly celebrates the blue ribbon example of how Kentucky’s Catholic tician and the best story teller,’’ according standard of excellence that the No schools continue to inspire young to an announcement from the health center. Child Left Behind Program strives to minds by providing a caring, faith- When people gather Sunday to honor wick, based learning environment. now 85, they will share stories of a man who achieve. Salyersville Grade School is leads by example, inspiring others to give an example of what our Kentucky I congratulate Christ the King back to the community—a commitment he schools can achieve when we have School on this achievement. The ad- has held deeply since escaping death in the enough faith in our students to chal- ministrators, teachers, parents, and South Pacific during World War II. lenge them to become the leaders this students of this school are an inspira- The son of a railroad worker and home- country so desperately needs. tion to the citizens of Kentucky. I look maker in rural Pennsylvania, Wick came to I congratulate Salyersville Grade forward to all that Christ the King Vermont in 1949 after graduating from Har- School accomplishes in the future.∑ vard Law School the previous year. He prac- School on this achievement. The ad- ticed law and continues the practice with his ministrators, teachers, parents, and f son Jim at Wick & Maddocks in Burlington; students of this school are an inspira- CONGRATULATING BRODHEAD he taught business law at the University of tion to the citizens of Kentucky. look ELEMENTARY SCHOOL Vermont; and he was president and later forward to all that Salyersville Grade ∑ chairman of the board of Chittenden Trust School accomplishes in the future.∑ Mr. BUNNING. Mr. President, today I Co. He ran for governor in 1984 and served a rise to congratulate Brodhead Elemen- f term as a state senator in 1988. tary School of Brodhead, KY. Brodhead His friends know him especially for his de- CONGRATULATING SAINT AGNES Elementary School is recognized as a votion to his family—his five children and PARISH SCHOOL his late wife Barbara, who died of breast can- 2005 No Child Left Behind Blue Ribbon cer in 2001—and his community. ∑ Mr. BUNNING. Mr. President, today I School. George Little, a former state senator who rise to congratulate Saint Agnes Par- The Blue Ribbon Schools Program served with Wick on a number of fund-rais- ish School of Louisville, KY. Saint has been celebrating high achieving ing drives, said his longtime friend has Agnes Parish School is recognized as a schools for over 20 years. Established raised more money for health care, edu- 2005 No Child Left Behind Blue Ribbon in 1982 by the U.S. Department of Edu- cation and other projects ‘‘than I can pos- cation, the program has recognized sibly count. School. ‘‘Hilton is an extraordinary human being The Blue Ribbon Schools Program more than 3,000 schools since its incep- who has made his life an example of thought- has been celebrating high achieving tion. This year, six Kentucky schools ful, unselfish generosity to his community,’’ schools for over 20 years. Established join this distinguished list, and I am Little said. in 1982 by the U.S. Department of Edu- proud to say that Brodhead Elemen- Lois McClure said Wick encouraged her cation, the program has recognized tary School is one of the worthy recipi- and her late husband, Mac, to give to a num- ents. ber of worthy projects including a building more than 3,000 schools since its incep- constructed in the 1980s at Fletcher Allen tion. This year, six Kentucky schools. By demanding excellence from each that bears the McClure name. ‘‘Mac said, join this distinguished list, and I am and every student, Brodhead Elemen- ‘When someone like Hilton feels I should do proud to say that Saint Agnes Parish tary School truly celebrates the blue it, I guess I had better do it.’ ’’ McClure re- School is one of the worthy recipients. ribbon standard of excellence that the called. By demanding excellence from each No Child Left Behind Program strives For Wick’s daughter, Julia, her father is a and every student, Saint Agnes Parish to achieve. Brodhead Elementary kind-hearted role model with a unique sense School truly celebrates the blue ribbon School is an example of what our Ken- of humor and a love of story-telling. He is tucky schools can achieve when we dedicated, she said, to helping those in need, standard of excellence that the No ‘‘a quiet and determined leader who imparts Child Left Behind Program strives to have enough faith in our students to his knowledge through inspiration.’’ achieve. Saint Agnes Parish School is challenge them to become the leaders Wick, who now lives at Shelburne Bay Sen- an example of how Kentucky’s Catholic this country so desperately needs. ior Living Community, said in an interview schools continue to inspire young I congratulate Brodhead Elementary Friday that he has enjoyed helping Bur- minds by providing a caring, faith- School on this achievement. The ad- lington, ‘‘a great place to live’’—and particu- based learning environment. ministrators, teachers, parents, and larly the hospital, where ‘‘the wonderful I congratulate Saint Agnes Parish students of this school are an inspira- medical personnel have kept me alive, when I’m not sure I was entitled to it.’’ School on this achievement. The ad- tion to the citizens of Kentucky. look Wick’s countless hours of public service ministrators, teachers, parents, and forward to all that Brodhead Elemen- have been recognized with numerous acco- students of this school are an inspira- tary School accomplishes in the fu- lades over the years, including several ‘‘Man tion to the citizens of Kentucky. look ture.∑ of the Year’’ awards from organizations and forward to all that Saint Agnes Parish f ‘‘Father of the Year’’ from the Lund Family School accomplishes in the future.∑ Center. But the real benefits are experienced CONGRATULATING SOUTHERN every day in the community, which has been f ELEMENTARY SCHOOL enriched and improved because of him. CONGRATULATING CHRIST THE ∑ Mr. BUNNING. Mr. President, today I Next time you walk across the plaza at KING SCHOOL Fletcher Allen Health Care, think of Hilton rise to congratulate Southern Elemen- Wick and the many contributions he has ∑ Mr. BUNNING. Mr. President, today I tary School of Beaver Dam, KY. South- made.∑ rise to congratulate Christ the King ern Elementary School is recognized as

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13357 a 2005 No Child Left Behind Blue Rib- EXECUTIVE MESSAGES REFERRED the House of Representatives and a condi- bon School. As in executive session the Presiding tional recess or adjournment of the Senate. The Blue Ribbon Schools Program Officer laid before the Senate messages f has been celebrating high achieving from the President of the United schools for over 20 years. Established States submitting sundry nominations ENROLLED BILL AND JOINT in 1982 by the U.S. Department of Edu- which were referred to the appropriate RESOLUTION SIGNED cation, the program has recognized committees. At 1:35 p.m., a message from the more than 3,000 schools since its incep- (The nominations received today are tion. This year, six Kentucky schools House of Representatives, delivered by printed at the end of the Senate pro- one of its clerks, announced that the join this distinguished list, and I am ceedings.) proud to say that Southern Elemen- Speaker has signed the following en- tary School is one of the worthy recipi- f rolled bill and joint resolution: ents. MESSAGES FROM THE HOUSE H.R. 4326. An act to authorize the Sec- By demanding excellence from each At 9:29 a.m., a message from the retary of the Navy to enter into a contract and every student, Southern Elemen- House of Representatives, delivered by for the nuclear refueling and complex over- haul of the U.S.S. Carl Vinson (CVN–70). tary School truly celebrates the blue Ms. Chiappardi, one of its reading ribbon standard of excellence that the H.J. Res. 72. An act making further con- clerks, announced that the House has tinuing appropriations for the fiscal year No Child Left Behind Program strives passed the following bill, in which it 2006, and for other purposes. to achieve. Southern Elementary requests the concurrence of the Senate: School is an example of what our Ken- The enrolled bill and joint resolution H.R. 4145. An act to direct the Joint Com- were signed subsequently by the Presi- tucky schools can achieve when we mittee on the Library to obtain a statue of dent pro tempore (Mr. STEVENS). have enough faith in our students to Rosa Parks and to place the statue in the challenge them to become the leaders United States Capitol in National Statuary At 1:56 p.m., a message from the this country so desperately needs. Hall, and for other purposes. House of Representatives, delivered by I congratulate Southern Elementary f School on this achievement. The ad- Mr. Hays, one of its reading clerks, an- ministrators, teachers, parents, and ENROLLED BILLS SIGNED nounced that the House has passed the students of this school are an inspira- At 9:50 a.m., a message from the following bill, with an amendment, in tion to the citizens of Kentucky. look House of Representatives, delivered by which it requests the concurrence of forward to all that Southern Elemen- Ms. Chiappardi, one of its reading the Senate: tary School accomplishes in the fu- clerks, announced that the Speaker has S. 1932: An act to provide for reconciliation ture.∑ signed the following enrolled bills: pursuant to section 202(a) of the concurrent resolution on the budget for fiscal year 2006 H.R. 126. An act to amend Public Law 89– f (H. Con. Res. 95). 366 to allow for an adjustment in the number CONGRATULATING LOST RIVER of free roaming horses permitted in Cape ELEMENTARY SCHOOL Lookout National Seashore. At 4:32 p.m., a message from the House of Representatives, delivered by ∑ Mr. BUNNING. Mr. President, today I H.R. 539. An act to designate certain Na- Ms. Niland, one of its reading clerks, rise to congratulate Lost River Ele- tional Forest System land in the Common- wealth of Puerto Rico as a component of the announced that the House agrees to mentary School of Bowling Green, KY. National Wilderness Preservation System. the report of the committee of con- Lost River Elementary School was re- H.R. 584. An act to authorize the Secretary ference on the disagreeing votes of the cently recognized as a 2005 No Child of the Interior to recruit volunteers to assist two Houses on the amendments of the Left Behind Blue Ribbon School. with, or facilitate, the activities of various The Blue Ribbon Schools Program agencies and offices of the Department of the Senate to the bill (H.R. 2528) making has been celebrating high achieving Interior. appropriations for military quality of schools for over 20 years. Established H.R. 606. An act to authorize appropria- life functions of the Department of De- in 1982 by the U.S. Department of Edu- tions to the Secretary of the Interior for the fense, military construction, the De- restoration of the Angel Island Immigration cation, the program has recognized partment of Veterans Affairs, and re- Station in the State of California. lated agencies for the fiscal year end- more than 3,000 schools since its incep- H.R. 1101. An act to revoke a Public Land tion. This year, six Kentucky schools Order with respect to certain lands erro- ing September 30, 2006, and for other join this distinguished list, and I am neously included in the Cibola National purposes. Wildlife Refuge, California. proud to say that Lost River Elemen- f tary School is one of the worthy recipi- H.R. 1972. An act to direct the Secretary of the Interior to conduct a special resource ents. MEASURES ORDERED HELD AT By demanding excellence from each study to determine the suitability and feasi- bility of including in the National Park Sys- THE DESK and every student, Lost River Elemen- tem certain sites in Williamson County, Ten- tary School truly celebrates the blue The following bill was discharged nessee, relating to the Battle of Franklin. from the Committee on Finance, ribbon standard of excellence that the H.R. 1973. An act to make access to safe No Child Left Behind Program strives water and sanitation for developing coun- passed without amendment, and or- to achieve. Lost River Elementary tries a specific policy objective of the United dered held at the desk, by unanimous School is an example of what our Ken- States foreign assistance programs, and for consent: tucky schools can achieve when we other purposes. S. 632. A bill to authorize the extension of S. 1234. An act to increase, effective as of unconditional and permanent nondiscrim- have enough faith in our students to December 1, 2005, the rates of compensation challenge them to become the leaders inatory treatment (permanent normal trade for veterans with service-connected disabil- relations treatment) to the products of this country so desperately needs. ities and the rates of dependency and indem- Ukraine, and for other purposes. I congratulate Lost River Elemen- nity compensation for the survivors of cer- tary School on this achievement. The tain disabled veterans. f administrators, teachers, parents, and The enrolled bills were signed subse- students of this school are an inspira- quently by the President pro tempore ENROLLED BILL PRESENTED tion to the citizens of Kentucky. look (Mr. STEVENS). The Secretary of the Senate reported forward to all that Lost River Elemen- that on today, November 18, 2005, she tary School accomplishes in the fu- At 11:30 a.m., a message from the had presented to the President of the ture.∑ House of Representatives, delivered by United States the following enrolled f Ms. Niland, one of its reading clerks, bill: announced that the House has agreed MESSAGES FROM THE PRESIDENT S. 1234. An act to increase, effective as of to the following concurrent resolution, December 1, 2005, the rates of compensation Messages from the President of the in which it requests the concurrence of for veterans with service-connected disabil- United States were communicated to the Senate: ities and the rates of dependency and indem- the Senate by Ms. Evans, one of his H. Con. Res. 307. Concurrent resolution nity compensation for the survivors of cer- secretaries. providing for a conditional adjournment of tain disabled veterans.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13358 CONGRESSIONAL RECORD — SENATE November 18, 2005 EXECUTIVE AND OTHER mitting, pursuant to law, the report of a rule received on November 15, 2005; to the Com- COMMUNICATIONS entitled ‘‘Airworthiness Directives; Empresa mittee on Commerce, Science, and Transpor- Brasileira de Aeronautica S.A. Model EMB– tation. The following communications were 135BJ, –135ER, –135KE, –135KL, –135LR, –145, EC–4721. A communication from the Pro- laid before the Senate, together with –145ER, –145MR, –145LR, –145XR, –145MP, and gram Analyst, Federal Aviation Administra- accompanying papers, reports, and doc- –145EP Airplanes’’ ((RIN2120–AA64)(2005– tion, Department of Transportation, trans- uments, and were referred as indicated: 0502)) received on November 15, 2005; to the mitting, pursuant to law, the report of a rule EC–4705. A communication from the Pro- Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; Boeing gram Analyst, Federal Aviation Administra- Transportation. Model 747 Airplanes’’ ((RIN2120–AA64)(2005– tion, Department of Transportation, trans- EC–4713. A communication from the Pro- 0521)) received on November 15, 2005; to the mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and entitled ‘‘Airworthiness Directives; tion, Department of Transportation, trans- Transportation. EC–4722. A communication from the Pro- BURKHART GROB LUFT—UND mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- RAUMFAHRT GmbH and CO KG Models G103 entitled ‘‘Airworthiness Directives; Rolls- tion, Department of Transportation, trans- TWIN ASTIR, G103A TWIN II ACRO, and Royce plc RB211 Trent 875, 877, 884, 884B, 892, mitting, pursuant to law, the report of a rule G103C TWIN III ACRO Sailplanes’’ ((RIN2120– 892B, and 895 Series Turbofan Engines’’ entitled ‘‘Airworthiness Directives; British AA64)(2005–0507)) received on November 15, ((RIN2120–AA64)(2005–0518)) received on No- Aerospace Model HS 748 Airplanes’’ 2005; to the Committee on Commerce, vember 15, 2005; to the Committee on Com- ((RIN2120–AA64)(2005–0520)) received on No- Science, and Transportation. merce, Science, and Transportation. EC–4714. A communication from the Pro- vember 15, 2005; to the Committee on Com- EC–4706. A communication from the Pro- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–4723. A communication from the Pro- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus Model A340–211, –212, –311, and –312 Air- mitting, pursuant to law, the report of a rule Model A330–200 and –300 and A340–200 and –300 planes’’ ((RIN2120–AA64)(2005–0517)) received entitled ‘‘Airworthiness Directives; The Series Airplanes’’ ((RIN2120–AA64)(2005–0508)) on November 15, 2005; to the Committee on Cessna Aircraft Company Models 401 401A, received on November 15, 2005; to the Com- Commerce, Science, and Transportation. 401B, 402, 402A, 402B, 402C, 404, 411, 411A, 414, mittee on Commerce, Science, and Transpor- EC–4715. A communication from the Pro- 414A, 421 421A, 421B, 421C, 425, and 441 Air- tation. gram Analyst, Federal Aviation Administra- planes’’ ((RIN2120–AA64)(2005–0519)) received EC–4707. A communication from the Pro- tion, Department of Transportation, trans- on November 15, 2005; to the Committee on gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Dowty EC–4724. A communication from the Pro- mitting, pursuant to law, the report of a rule Aerospace Propellers Type R321/4–82–F/8, gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing R324/4–82–F/9, R333/4–82–F/12, and R334/4–82–F/ tion, Department of Transportation, trans- Model 757–200, –200CB, and –200PF Series Air- 13 Propeller Assemblies’’ ((RIN2120– mitting, pursuant to law, the report of a rule planes’’ ((RIN2120–AA64)(2005–0509)) received AA64)(2005–0516)) received on November 15, entitled ‘‘Airworthiness Directives; Rolls- on November 15, 2005; to the Committee on 2005; to the Committee on Commerce, Royce plc RB211 Trent 875, 877, 884, 884B, 892, Commerce, Science, and Transportation. Science, and Transportation. 892B, and 895 Series Turbofan Engines’’ EC–4708. A communication from the Pro- EC–4716. A communication from the Pro- ((RIN2120–AA64)(2005–0526)) received on No- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- vember 15, 2005; to the Committee on Com- tion, Department of Transportation, trans- tion, Department of Transportation, trans- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–4725. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing entitled ‘‘Airworthiness Directives; Airbus gram Analyst, Federal Aviation Administra- Model 737–100, –200, –200C, –300, –400, and –500 Model A319–100 Series Airplanes Model A320– tion, Department of Transportation, trans- Series Airplanes’’ ((RIN2120–AA64)(2005–0510)) 111 Airplanes; Model A320–200 Series Air- mitting, pursuant to law, the report of a rule received on November 15, 2005; to the Com- planes, and Model A321–100 and –200 Series entitled ‘‘Airworthiness Directives; Honey- mittee on Commerce, Science, and Transpor- Airplanes’’ ((RIN2120–AA64)(2005–0515)) re- well Flight Management System One Million tation. ceived on November 15, 2005; to the Com- Word Data Bases as Installed in, but Not EC–4709. A communication from the Pro- mittee on Commerce, Science, and Transpor- Limited to McDonnell Douglas Model MD–11 gram Analyst, Federal Aviation Administra- tation. and MD–11F Airplanes, Boeing Model 747–400 tion, Department of Transportation, trans- EC–4717. A communication from the Pro- Series Airplanes, and Boeing Model 757 and mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- 767 Airplanes’’ ((RIN2120–AA64)(2005–0525)) re- entitled ‘‘Airworthiness Directives; McDon- tion, Department of Transportation, trans- ceived on November 15, 2005; to the Com- nell Douglas Model DC–10–10 and DC–10–10F mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- Airplanes; Model DC–10–15 Airplanes; Model entitled ‘‘Airworthiness Directives; Boeing tation. DC–10–30 and DC–10–30F Airplanes; Model Model 727 Airplanes’’ ((RIN2120–AA64)(2005– EC–4726. A communication from the Pro- DC–10–40 and DC–10–40F Airplanes; Model 0514)) received on November 15, 2005; to the gram Analyst, Federal Aviation Administra- MD–10–10F and MD–10–30F Airplanes; and Committee on Commerce, Science, and tion, Department of Transportation, trans- Model MD–11 and MD–11F Airplanes’’ Transportation. mitting, pursuant to law, the report of a rule ((RIN2120–AA64)(2005–0511)) received on No- EC–4718. A communication from the Pro- entitled ‘‘Airworthiness Directives; Bell Hel- vember 15, 2005; to the Committee on Com- gram Analyst, Federal Aviation Administra- icopter Textron Model 212, 412 and 412EP Hel- merce, Science, and Transportation. tion, Department of Transportation, trans- icopters’’ ((RIN2120–AA64)(2005–0523)) re- EC–4710. A communication from the Pro- mitting, pursuant to law, the report of a rule ceived on November 15, 2005; to the Com- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Airbus mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- Model A300 B4–620, A310–304, A310–324, and tation. mitting, pursuant to law, the report of a rule A310–325 Airplanes’’ ((RIN2120–AA64)(2005– EC–4727. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing 0512)) received on November 15, 2005; to the gram Analyst, Federal Aviation Administra- Model 747–100, –200B, –200F, –200C, –100B, –300, Committee on Commerce, Science, and tion, Department of Transportation, trans- –100B SUD, –400, –400D, and –400F Series Air- Transportation. mitting, pursuant to law, the report of a rule planes; and Model 747 SR Series Airplanes’’ EC–4719. A communication from the Pro- entitled ‘‘Airworthiness Directives; Pratt ((RIN2120–AA64)(2005–0500)) received on No- gram Analyst, Federal Aviation Administra- and Whitney JT8D–200 Series Turbofan En- vember 15, 2005; to the Committee on Com- tion, Department of Transportation, trans- gines’’ ((RIN2120–AA64)(2005–0524)) received merce, Science, and Transportation. mitting, pursuant to law, the report of a rule on November 15, 2005; to the Committee on EC–4711. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- Model 737–100, –200, and –200C Series Air- EC–4728. A communication from the Pro- tion, Department of Transportation, trans- planes’’ ((RIN2120–AA64)(2005–0513)) received gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule on November 15, 2005; to the Committee on tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Boeing Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule Model 757–200, –200PF, and –300 Series Air- EC–4720. A communication from the Pro- entitled ‘‘Airworthiness Directives; GROB– planes, Powered by Pratt and Whitney gram Analyst, Federal Aviation Administra- WERKE Model G120A Airplanes’’ ((RIN2120– PW2000 Series Engines’’ ((RIN2120– tion, Department of Transportation, trans- AA64)(2005–0545)) received on November 18, AA64)(2005–0501)) received on November 15, mitting, pursuant to law, the report of a rule 2005; to the Committee on Commerce, 2005; to the Committee on Commerce, entitled ‘‘Airworthiness Directives; McDon- Science, and Transportation. Science, and Transportation. nell Douglas Model DC–9–14, DC–9–15, and EC–4729. A communication from the Pro- EC–4712. A communication from the Pro- DC–9–15F Airplanes; and McDonnell Douglas gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Model DC–9–20, DC–9–30, DC–9–40, and DC–9–50 tion, Department of Transportation, trans- tion, Department of Transportation, trans- Series Airplanes’’ ((RIN2120–AA64)(2005–0522)) mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13359 entitled ‘‘Airworthiness Directives; Pratt Performance Accountability Report for Fis- EC–4751. A communication from the Acting and Whitney JT8D–200 Series Turbofan En- cal Year 2005; to the Committee on Home- Chief, Publications and Regulations, Inter- gines’’ ((RIN2120–AA64)(2005–0546)) received land Security and Governmental Affairs. nal Revenue Service, Department of the on November 18, 2005; to the Committee on EC–4739. A communication from the Rail- Treasury, transmitting, pursuant to law, the Commerce, Science, and Transportation. road Retirement Board, transmitting, pursu- report of a rule entitled ‘‘Bureau of Labor EC–4730. A communication from the Pro- ant to law, the Board’s Performance and Ac- Statistics Price Indexes for Department gram Analyst, Federal Aviation Administra- countability Report for Fiscal Year 2005; to Stores—September 2005’’ (Rev. Rul. 2005–73) tion, Department of Transportation, trans- the Committee on Homeland Security and received on November 18, 2005; to the Com- mitting, pursuant to law, the report of a rule Governmental Affairs. mittee on Finance. entitled ‘‘Airworthiness Directives; General EC–4740. A communication from the Sec- EC–4752. A communication from the Acting Electric Company CT7–5, –7, and –9 Series retary of Housing and Urban Development, Chief, Publications and Regulations, Inter- Turboprop Engines’’ ((RIN2120–AA64)(2005– transmitting, pursuant to law, the Depart- nal Revenue Service, Department of the 0547)) received on November 18, 2005; to the ment’s Performance and Accountability re- Treasury, transmitting, pursuant to law, the Committee on Commerce, Science, and port for Fiscal Year 2005; to the Committee report of a rule entitled ‘‘Section 832 Dis- Transportation. on Homeland Security and Governmental Af- count Factors for 2005’’ (Rev. Proc. 2005–73) EC–4731. A communication from the Pro- fairs. received on November 18, 2005; to the Com- gram Analyst, Federal Aviation Administra- EC–4741. A communication from the Chair- mittee on Finance. tion, Department of Transportation, trans- man, International Trade Commission, EC–4753. A communication from the Acting mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the Commis- Chief, Publications and Regulations, Inter- nal Revenue Service, Department of the entitled ‘‘Airworthiness Directives; Honey- sion’s Performance and Accountability Re- Treasury, transmitting, pursuant to law, the well Flight Management System One Million port for Fiscal Year 2005; to the Committee report of a rule entitled ‘‘Section 846 Dis- Word Data Bases as Installed in, but Not on Homeland Security and Governmental Af- count Factors for 2005’’ (Rev. Proc. 2005–72) Limited to, McDonnell Douglas Model MD–11 fairs. received on November 18, 2005; to the Com- EC–4742. A communication from the Sec- and MD–11F Airplanes, Boeing Model 747–400 mittee on Finance. Series Airplanes, and Boeing Model 757 and retary of Transportation transmitting, pur- EC–4754. A communication from the United 767 Airplanes’’ ((RIN2120–AA64)(2005–0548)) re- suant to law, the Department’s Performance States Trade Representative, Executive Of- ceived on November 18, 2005; to the Com- and Accountability Report for Fiscal Year fice of the President, transmitting, pursuant mittee on Commerce, Science, and Transpor- 2005; to the Committee on Homeland Secu- to law, documents relating to the United tation. rity and Governmental Affairs. States–Bahrain Free Trade Agreement; to EC–4732. A communication from the Pro- EC–4743. A communication from the Sec- the Committee on Finance. gram Analyst, Federal Aviation Administra- retary of Labor, transmitting, pursuant to EC–4755. A communication from the Assist- tion, Department of Transportation, trans- law, the Department’s Performance and Ac- ant Secretary for Legislative Affairs, De- mitting, pursuant to law, the report of a rule countability Report for Fiscal Year 2005; to partment of State, transmitting, pursuant to entitled ‘‘Airworthiness Directives; Airbus the Committee on Homeland Security and the Arms Export Control Act, the certifi- Model A320–111 Airplanes, and Model A320– Governmental Affairs. cation of a proposed manufacturing license 200 Series Airplanes’’ ((RIN2120–AA64)(2005– EC–4744. A communication from the Gen- agreement for the manufacture of significant 0550)) received on November 18, 2005; to the eral Counsel, Office of Government Ethics, military equipment abroad to the United Committee on Commerce, Science, and transmitting, pursuant to law, the report of Kingdom; to the Committee on Foreign Rela- Transportation. a rule entitled ‘‘Additional Exemption’’ tions. EC–4733. A communication from the Pro- (RIN3209–AA09) received on November 16, EC–4756. A communication from the Assist- gram Analyst, Federal Aviation Administra- 2005; to the Committee on Homeland Secu- ant Secretary for Legislative Affairs, De- tion, Department of Transportation, trans- rity and Governmental Affairs. partment of State, transmitting, pursuant to mitting, pursuant to law, the report of a rule EC–4745. A communication from the Sec- the Arms Export Control Act, the certifi- entitled ‘‘Airworthiness Directives; retary of Homeland Security, transmitting, cation of a proposed license for the export of Mitsubishi Model YS–11 Airplanes, and pursuant to law, the Department’s Perform- defense articles or defense services sold com- Model YS–11A–200, YS–11A–300, YS–11A–500, ance and Accountability Report for Fiscal mercially under a contract in the amount of and YS–11A–600 Series Airplanes’’ ((RIN2120– Year 2005; to the Committee on Homeland $50,000,000 or more to Kazakhstan; to the AA64)(2005–0551)) received on November 18, Security and Governmental Affairs. Committee on Foreign Relations. 2005; to the Committee on Commerce, EC–4746. A communication from the Sec- EC–4757. A communication from the Sec- Science, and Transportation. retary of Education, transmitting, pursuant retary of Health and Human Services, trans- EC–4734. A communication from the Pro- to law, the Department’s Performance and mitting, pursuant to law, the report on the gram Analyst, Federal Aviation Administra- Accountability Report for Fiscal Year 2005; status of petitions for designating class of tion, Department of Transportation, trans- to the Committee on Homeland Security and employees as members of the special cohort; mitting, pursuant to law, the report of a rule Governmental Affairs. to the Committee on Health, Education, entitled ‘‘Airworthiness Directives; General EC–4747. A communication from the Pro- Labor, and Pensions. EC–4758. A communication from the Attor- Electric Company CF6–80E1 Series Turbofan gram Analyst, Federal Aviation Administra- ney, Office of Procurement and Assistance Engines’’ ((RIN2120–AA64)(2005–0552)) re- tion, Department of Transportation, trans- Policy, Department of Energy, transmitting, ceived on November 18, 2005; to the Com- mitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Approach pursuant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- ‘‘Assistance Regulations’’ (RIN1991–AB72) re- Procedures; Miscellaneous Amendments (9)’’ tation. ceived on November 18, 2005; to the Com- EC–4735. A communication from the Pro- ((RIN2120–AA65)(2005–0033)) received on No- mittee on Energy and Natural Resources. gram Analyst, Federal Aviation Administra- vember 18, 2005; to the Committee on Com- EC–4759. A communication from the Direc- tion, Department of Transportation, trans- merce, Science, and Transportation. tor, Office of Surface Mining, Department of mitting, pursuant to law, the report of a rule EC–4748. A communication from the Pro- the Interior, transmitting, pursuant to law entitled ‘‘Establishment of Area Navigation gram Analyst, Federal Aviation Administra- the report of a rule entitled ‘‘Civil Penalty Instrument Flight Rules Terminal Transi- tion, Department of Transportation, trans- Adjustments’’ (RIN1029–AC48) received on tion Routes; Jacksonville, FL’’ ((RIN2120– mitting, pursuant to law, the report of a rule November 17, 2005; to the Committee on En- AA66)(2005–0255)) received on November 18, entitled ‘‘Airworthiness Directives; Boeing ergy and Natural Resources. 2005; to the Committee on Commerce, Model 727 Airplanes’’ ((RIN2120–AA64)(2005– EC–4760. A communication from the Direc- Science, and Transportation. 0549)) received on November 18, 2005; to the tor, Office of Hearings and Appeals, Depart- EC–4736. A communication from the Pro- Committee on Commerce, Science, and ment of the Interior, transmitting, pursuant gram Analyst, Federal Aviation Administra- Transportation. to law, the report of a rule entitled ‘‘Re- tion, Department of Transportation, trans- EC–4749. A communication from the Acting source Agency Procedures for Conditions and mitting, pursuant to law, the report of a rule Chief, Publications and Regulations, Inter- Prescriptions in Hydropower Licenses’’ entitled ‘‘Standard Instrument Approach nal Revenue Service, Department of the (RIN0596–AC42, RIN1094–AA51, RIN0648–AU01) Procedures; Miscellaneous Amendments Treasury, transmitting, pursuant to law, the received on November 18, 2005; to the Com- (73)’’ ((RIN2120–AA65)(2005–0032)) received on report of a rule entitled ‘‘CPI Adjustment for mittee on Energy and Natural Resources. November 18, 2005; to the Committee on Section 1274A for 2006’’ (Rev. Rul. 2005–76) re- f Commerce, Science, and Transportation. ceived on November 18, 2005; to the Com- EC–4737. A communication from the Chair- mittee on Finance. PETITIONS AND MEMORIALS man, Federal Election Commission, trans- EC–4750. A communication from the Acting The following petition or memorial mitting, pursuant to law, the Commission’s Chief, Publications and Regulations, Inter- Performance and Accountability Report for nal Revenue Service, Department of the was laid before the Senate and was re- fiscal year 2005; to the Committee on Home- Treasury, transmitting, pursuant to law, the ferred or ordered to lie on the table as land Security and Governmental Affairs. report of a rule entitled ‘‘CPI Adjustment for indicated: EC–4738. A communication from the Gen- Section 7872(g) for 2006’’ (Rev. Rul. 2005–75) POM–221. A resolution adopted by the Gen- eral Counsel, Office of Government Ethics, received on November 18, 2005; to the Com- eral Court of the Commonwealth of Massa- transmitting, pursuant to law, the Office’s mittee on Finance. chusetts relative to the early termination

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13360 CONGRESSIONAL RECORD — SENATE November 18, 2005 fees imposed by cellular telephone compa- ject to the nominee’s commitment to Maura Garland, none; William Burns Gar- nies; to the Committee on Commerce, respond to requests to appear and tes- land, none. Science, and Transportation. tify before any duly constituted com- 4. Parents: Bruce van Voorst, Barbara van Whereas, the issue of early termination mittee of the Senate. Voorst, (stepmother) (joint contributions): fees imposed by cellular phone companies is $100, 3/16/05, Friends of Hillary Rodham Clin- one of great importance to the citizens of the f ton; $100, 7/11/05, Bill Nelson for Senate; $100, Commonwealth of Massachusetts; and 2/11/04, Democratic Congressional Campaign Whereas, lawsuits by customers adversely DISCHARGED NOMINATIONS Committee; $50, 2/11/04, Nelson for U.S. Sen- affected by early termination fees have been The Senate Committee on Foreign Rela- ate; $500, 3/12/04, John Kerry for President; filed in courts in California, Florida and Illi- tions was discharged from further consider- $1,000, 7/8/04, Kerry Victory 2004; $200, 6/27/03, nois; and ation of the following nominations and the Bob Graham for President; $500, 11/12/03, Whereas, a ‘‘petition of the Cellular Tele- nominations were confirmed: Dean for America; $100, 2/25/02, Democratic communications and Internet Association Ronald L. Schlicher, of Tennessee, to be Senatorial Campaign Committee; $100, 5/7/01, for an expedited declaratory ruling’’ has re- Ambassador to the Republic of Cyprus. Democratic Senatorial Campaign Com- cently been filed with the Federal Commu- Nominee: Ronald Lewis Schlicher. mittee; $100, 5/7/01, Democratic Congressional nications Commission (FCC); and Post: Cyprus. Campaign Committee. Whereas, the major cellular phone compa- The following is a list of all members of Marilyn van Voorst, deceased. nies are now mounting efforts to preempt my immediate family and their spouses. I 5. Grandparents: Dorothy van Voorst, de- strong State consumer protection statutes in have asked each of these persons to inform ceased; Jacob van Voorst, deceased; Martin an effort to circumvent legal challenges in a me of the pertinent contributions made by Van Hekken, deceased; Minnie Van Hekken, number of States by their petition to the them. To the best of my knowledge, the in- deceased. FCC on March 15, 2005; and formation contained in this report is com- 6. Brothers and spouses: Mark van Voorst, Whereas, this petition from the cellular plete and accurate. none; Cindi van Voorst, none. phone industry requests that early termi- Contributions, amount, date, and donee: 7. Sisters and spouses: Susan Prins, none; nation fees should not be defined as penalties 1. Self: None. Michael Prins, none. designed to restrict consumer choice, but 2. Spouse: Not applicable. Kathryn Marchmont Robinson, Hugh rather as part of the rates that the compa- 3. Children and spouses: Not applicable. Marchmont Robinson (jointly): $300, 2000, Re- nies charge their customers for cellular 4. Parents: Father, deceased; Mother, Thel- publican National Committee; $150, 2000, Re- phone services; and ma Schlicher, none. publican National Committee. Whereas, recent reports dispute the indus- 5. Grandparents: Deceased. try’s claims and find that 89 per cent of con- 6. Brothers and spouses: Brother, Michael Ross Wilson, of Maryland, to be Ambas- sumers believe that early termination fees Schlicher, none. sador to the Republic of Turkey. are used as penalties to prevent consumers 7. Sisters and spouses: Sister, Deborah Nominee: Ross Wilson. from shopping for better, more fairly-priced Rankin, none. Post: Ankara service; now therefore be it The following is a list of all members of Resolved, that the Massachusetts General Alejandro Daniel Wolff, of California, to be my immediate family and their spouses. I Court joins and asks the Federal Commu- the Deputy Representative of the United have asked each of these persons to inform nications Commission to deny the ‘‘petition States of America to the United Nations, me of the pertinent contributions made by of the cellular telecommunications and with the rank and status of Ambassador, and them. To the best of my knowledge, the in- internet association for an expedited declar- the Deputy Representative of the United formation contained in this report is com- atory ruling’’ and that the FCC not recognize States of America in the Security Council of plete and accurate. early termination fees as part of a com- the United Nations. Contributions, amount, date, and donee: pany’s rate structure and allow for contin- Alejandro Daniel Wolff, of California, a Ca- 1. Self: none. ued State action; and be it further reer Member of the Senior Foreign Service, 2. Spouse: Marguerite H. Squire, none. Resolved, that the Massachusetts Senate Class of Minister-Counselor, to be Represent- 3. Children and Spouses: C. Blake Wilson, memorializes the Federal Communications ative of the United States of America to the none; Grady S. Wilson, none. Commission, the Bush Administration, and Sessions of the General Assembly of the 4. Parents: Winnidell Wilson, John Wilson, Congress of the United States not to take United Nations, during his tenure of service deceased. any steps requested by cellular phone compa- as Deputy Representative of the United 5. Grandparents: All deceased 1974 or ear- nies of their industry representatives that States of America to the United Nations. lier, none. are designed to prevent cellular phone com- Nominee: Alejandro Daniel Wolff. 6. Brothers and Spouses: Murray Wilson, panies from being held legally accountable Post: USUN. none; Rebecca Wilson, none. at the local, State of Federal levels, for the The following is a list of all members of 7. Sisters and Spouses: Joanne Lindahl, negative impacts of early termination fees; my immediate family and their spouses. I none; Duane Lindahl, none. and be it further have asked each of these persons to inform Resolved, that a copy of these resolutions me of the pertinent contributions made by Donald M. Payne, of New Jersey, to be a be transmitted forthwith by the Clerk of the them. To the best of my knowledge, the in- Representative of the United States of Amer- Senate to the Federal Communications Com- formation contained in this report is com- ica to the Sixtieth Session of the General As- mission, President George W. Bush, and the plete and accurate. sembly of the United Nations. members of the United States Congress from Contributions, amount, date, and donee: Edward Randall Royce, of California, to be the Commonwealth of Massachusetts. 1. Self: Alejandro Wolff, none. a Representative of the United States of f 2. Spouse: Alexandra Wolff, none. America to the Sixtieth Session of the Gen- 3. Children and spouses: Philip and Michael eral Assembly of the United Nations. REPORTS OF COMMITTEES Wolff, none. Foreign Service nominations beginning The following reports of committees 4. Parents: Gerard and Toni Wolff, none. with R. Nicholas Burns and ending with were submitted: 5. Grandparents: All deceased in Argentina, Charles E. Wright, which nominations were none. received by the Senate and appeared in the By Mr. COCHRAN, from the Committee on 6. Brothers and spouses: Claudio and Sarah Congressional Record on October 17, 2005. Appropriations: Wolff, none; Richard and Susan Wolff, none. Special Report entitled ‘‘Further Revised f Allocation to Subcommittees of Budget To- Carol van Voorst, of Virginia, to be Ambas- INTRODUCTION OF BILLS AND tals from the Concurrent Resolution for Fis- sador to the Republic of Iceland. JOINT RESOLUTIONS cal Year 2006’’ (Rept. No. 109–184). Nominee: Carol van Voorst. The following bills and joint resolu- f Post: Ambassador to Iceland. tions were introduced, read the first EXECUTIVE REPORT OF The following is a list of all members of my immediate family and their spouses. I and second times by unanimous con- COMMITTEE have asked each of these persons to inform sent, and referred as indicated: The following executive report of me of the pertinent contributions made by By Mr. ROBERTS (for himself, Mr. committee was submitted: them. To the best of my knowledge, the in- NELSON of Nebraska, Mr. ISAKSON, formation contained in this report is com- and Mr. SANTORUM): By Mr. ENZI for the Committee on Health, plete and accurate. S. 2052. A bill to amend the Internal Rev- Education, Labor, and Pensions. Contributions, amount, date, and donee: enue Code of 1986 to provide a credit to cer- *Bruce Cole, of Indiana, to be Chairperson 1. Self: Carol van Voorst, none. tain agriculture-related businesses for the of the National Endowment for the Human- 2. Spouse: William A. Garland, none. cost of protecting certain chemicals; to the ities for a term of four years. 3. Children and spouses (stepchildren): Ju- Committee on Finance. *Nomination was reported with rec- dith Garland, none; Karen Garland By Mrs. CLINTON (for herself, Mr. ommendation that it be confirmed sub- Fructuoso, none; Bernard Fructuoso, none; DEWINE, Mr. OBAMA, and Mr. SMITH):

VerDate Aug 31 2005 06:21 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S18NO5.REC S18NO5 hmoore on PROD1PC68 with CONG-REC-ONLINE November 18, 2005 CONGRESSIONAL RECORD — SENATE S13361 S. 2053. A bill to amend the Internal Rev- S. 2065. A bill to amend the Occupational States as children, and for other purposes; to enue Code of 1986 to provide a tax credit for Safety and Health Act of 1970 to further im- the Committee on the Judiciary. property owners who remove lead-based prove the safety and health of working envi- By Mr. LEAHY (for himself, Mr. paint hazards; to the Committee on Finance. ronments, and for other purposes; to the HATCH, Ms. MIKULSKI, Mr. DURBIN, By Mr. JEFFORDS: Committee on Health, Education, Labor, and Mr. DEWINE, Mr. BIDEN, Mrs. FEIN- S. 2054. A bill to direct the Secretary of the Pensions. STEIN, Mr. FEINGOLD, Mr. SMITH, Mr. Interior to conduct a study of water re- By Mr. ENZI (for himself, Mr. ISAKSON, DODD, Mr. CHAMBLISS, Mr. ROCKE- sources in the State of Vermont; to the Com- Mr. CRAIG, Mr. BURR, Mr. ROBERTS, FELLER, Mr. LIEBERMAN, Mrs. BOXER, mittee on Energy and Natural Resources. Mr. SESSIONS, Mr. WARNER, Mr. Mr. WYDEN, Mr. NELSON of Florida, By Mr. KERRY: GREGG, and Mr. DEMINT): and Mr. CORZINE): S. 2055. A bill to amend titles 10 and 14, S. 2066. A bill to amend the Occupational S. 2076. A bill to amend title 5, United United States Code to provide for the use of Safety and Health Act of 1970 to further im- States Code, to provide to assistant United gold in the metal content of the Medal of prove the safety and health of working envi- States attorneys the same retirement bene- Honor; to the Committee on Banking, Hous- ronments, and for other purposes; to the fits as are afforded to Federal law enforce- ing, and Urban Affairs. Committee on Health, Education, Labor, and ment officers; to the Committee on Home- By Mr. ALLEN (for himself and Mr. Pensions. land Security and Governmental Affairs. WARNER): By Mr. ENZI (for himself, Mrs. MUR- By Mr. SESSIONS: S. 2056. A bill to require the Secretary of RAY, Mr. ISAKSON, Mr. BURR, Mr. SES- S. 2077. A bill to amend the Internal Rev- the Treasury to redesign $1 Federal reserve SIONS, and Mr. GREGG): enue Code of 1986 to allow income averaging notes so as to incorporate the preamble of S. 2067. A bill to assist chemical manufac- for private forest landowners; to the Com- the Constitution of the United States, a list turers and importers in preparing material mittee on Finance. describing the Articles of the Constitution, safety data sheets pursuant to the require- By Mr. MCCAIN: and a list describing the Amendments to the ments of the Hazard Communication stand- S. 2078. A bill to amend the Indian Gaming Constitution, on the reverse side of such ard and to establish a Commission to study Regulatory Act to clarify the authority of note; to the Committee on Banking, Hous- and make recommendations regarding the the National Indian Gaming Commission to ing, and Urban Affairs. implementation of the Globally Harmonized regulate class III gaming, to limit the lands By Mrs. CLINTON (for herself, Mr. System of Classification and Labeling of eligible for gaming, and for other purposes; HARKIN, Mr. DURBIN, Mr. KENNEDY, Chemicals; to the Committee on Health, to the Committee on Indian Affairs. Mr. KERRY, Ms. LANDRIEU, Mr. LAU- Education, Labor, and Pensions. By Mr. SMITH (for himself, Mr. THUNE, TENBERG, and Mr. INOUYE): By Ms. COLLINS (for herself, Mr. Mr. ALLARD, Mr. BURNS, and Mr. S. 2057. A bill to establish State infrastruc- VOINOVICH, and Mr. AKAKA): THOMAS): ture banks for education, and for other pur- S. 2068. A bill to preserve existing judge- S. 2079. A bill to improve the ability of the poses; to the Committee on Health, Edu- ships on the Superior Court of the District of Secretary of Agriculture and the Secretary cation, Labor, and Pensions. Columbia; to the Committee on Homeland of the Interior to promptly implement recov- By Mr. FEINGOLD: Security and Governmental Affairs. ery treatments in response to catastrophic S. 2058. A bill to promote transparency and By Mr. COLEMAN (for himself, Mr. events affecting the natural resources of reduce anti-competitive practices in the DAYTON, and Mr. DEWINE): Forest Service land and Bureau of Land radio and concert industries; to the Com- S. 2069. A bill to improve the safety of all- Management land, respectively, to support mittee on Commerce, Science, and Transpor- terrain vehicles in the United States, and for the recovery of non-Federal land damaged by tation. other purposes; to the Committee on Com- catastrophic events, to assist impacted com- By Mrs. CLINTON (for herself, Mr. merce, Science, and Transportation. munities, to revitalize Forest Service experi- LEAHY, Mr. SCHUMER, and Mr. JEF- By Mr. SCHUMER: mental forests, and for other purposes; to the FORDS): S. 2070. A bill to provide certain require- Committee on Energy and Natural Re- S. 2059. A bill to establish the Hudson-Ful- ments for hydroelectric projects on the Mo- sources. ton-Champlain 400th Commemoration Com- hawk River in the State of New York; to the mission, and for other purposes; to the Com- Committee on Energy and Natural Re- f mittee on Energy and Natural Resources. sources. SUBMISSION OF CONCURRENT AND By Mr. VOINOVICH (for himself and By Ms. SNOWE (for herself, Mr. BINGA- Mr. AKAKA): MAN, Ms. COLLINS, Mr. DORGAN, and SENATE RESOLUTIONS S. 2060. A bill to extend the District of Co- Mr. ROCKEFELLER): The following concurrent resolutions lumbia College Access Act of 1999 and make S. 2071. A bill to amend title XVIII of the and Senate resolutions were read, and certain improvements; to the Committee on Social Security Act to clarify congressional referred (or acted upon), as indicated: Homeland Security and Governmental Af- intent regarding the counting of residents in fairs. the nonhospital setting under the medicare By Mr. ENSIGN (for himself and Mr. By Mr. NELSON of Nebraska (for him- program; to the Committee on Finance. DURBIN): self, Mr. SESSIONS, and Mr. COBURN): By Mr. REID: S. Res. 320. A resolution calling the Presi- S. 2061. A bill to amend the Immigration S. 2072. A bill to provide for the convey- dent to ensure that the foreign policy of the and Nationality Act and other Act to provide ance of certain public lands in and around United States reflects appropriate under- for true enforcement and border security, historic mining townsites in Nevada, and for standing and sensitivity concerning issues and for other purposes; to the Committee on other purposes; to the Committee on Energy related to human rights, ethnic cleansing, the Judiciary. and Natural Resources. and genocide documented in the United By Mr. VITTER: By Mrs. CLINTON: States record relating to the Armenian S. 2062. A bill to amend the Internal Rev- S. 2073. A bill to amend the Internal Rev- Genocide; to the Committee on Foreign Re- enue Code of 1986 to provide that certain de- enue Code of 1986 to provide a tax credit for lations. ductions of school bus owner-operators shall property owners who remove lead-based By Mr. DEWINE (for himself and Mr. be allowable in computing adjusted gross in- paint hazards; to the Committee on Finance. HARKIN): come; to the Committee on Finance. By Mr. BINGAMAN (for himself, Mr. S. Res. 321. A resolution commemorating By Mr. VITTER: BAUCUS, Mr. DORGAN, Mrs. MURRAY, the life, achievements, and contributions of S. 2063. A bill to amend the Higher Edu- Ms. CANTWELL, and Mr. JOHNSON): Alan A. Reich; to the Committee on the Ju- cation Act of 1965 to require institutions of S. 2074. A bill to amend title XIX of the So- diciary. higher education to preserve the educational cial Security Act to provide for fair treat- By Mr. BIDEN (for himself, Mr. status and financial resources of military ment of services furnished to Indians under MCCAIN, and Mr. OBAMA): personnel called to active duty; to the Com- the medicaid program, and for other pur- S. Res. 322. A resolution expressing the mittee on Health, Education, Labor, and poses; to the Committee on Finance. sense of the Senate on the trial, sentencing Pensions. By Mr. DURBIN (for himself, Mr. and imprisonment of Mikhail Khodorkovsky By Mr. LUGAR (for himself and Mr. HAGEL, Mr. LUGAR, Mr. KENNEDY, Mr. and Platon Lebedev; considered and agreed BAYH): MCCAIN, Mr. LEAHY, Mr. COLEMAN, to. S. 2064. A bill to designate the facility of Mr. LIEBERMAN, Mr. CRAIG, Mr. FEIN- By Mr. COLEMAN (for himself, Mr. the United States Postal Service located at GOLD, Mr. DEWINE, Mr. OBAMA, and WARNER, Mr. PRYOR, Mr. SMITH, Mr. 122 South Bill Street in Francesville, Indi- Mr. CRAPO): DEMINT, Mr. BENNETT, Mr. NELSON of ana, as the Malcolm Melville ‘‘Mac’’ Law- S. 2075. A bill to amend the Illegal Immi- Florida, Mr. KYL, Mr. ALLEN, Mr. rence Post Office; to the Committee on gration Reform and Immigrant Responsi- MARTINEZ, Mr. BUNNING, and Mr. Homeland Security and Governmental Af- bility Act of 1996 to permit States to deter- CHAMBLISS): fairs. mine State residency for higher education S. Res. 323. A resolution expressing the By Mr. ENZI (for himself, Mr. ISAKSON, purposes and to authorize the cancellation of sense of the Senate that the United Nations Mr. CRAIG, Mr. BURR, Mr. ROBERTS, removal and adjustment of status of certain and other international organizations should Mr. SESSIONS, Mr. WARNER, and Mr. alien students who are long-term United not be allowed to exercise control over the GREGG): States residents and who entered the United Internet; considered and agreed to.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13362 CONGRESSIONAL RECORD — SENATE November 18, 2005 By Mr. MCCAIN (for himself, Mr. (Mr. SESSIONS) was added as a cospon- fare Act to strengthen the ability of BIDEN, and Mr. LUGAR): sor of S. 333, a bill to hold the current the Secretary of Agriculture to regu- S. Res. 324. A resolution expressing support regime in Iran accountable for its late the pet industry. for the people of Sri Lanka in the wake of the tsunami and the assassination of the Sri threatening behavior and to support a S. 1151 Lankan Foreign Minister and urging support transition to democracy in Iran. At the request of Mr. MCCAIN, the and respect for free and fair elections in Sri S. 418 name of the Senator from Maine (Ms. Lanka; considered and agreed to. At the request of Mr. ENZI, the name SNOWE) was added as a cosponsor of S. By Mr. LOTT: of the Senator from Kentucky (Mr. 1151, a bill to provide for a program to S. Res. 325. A resolution to authorize the accelerate the reduction of greenhouse printing of a revised edition of the Senate BUNNING) was added as a cosponsor of Election Law Guidebook; considered and S. 418, a bill to protect members of the gas emissions in the United States by agreed to. Armed Forces from unscrupulous prac- establishing a market-driven system of By Mr. CHAMBLISS (for himself, Mr. tices regarding sales of insurance, fi- greenhouse gas tradeable allowances, ISAKSON, and Mrs. LINCOLN): nancial, and investment products. to limit greenhouse gas emissions in S. Res. 326. A resolution designating No- S. 453 the United States and reduce depend- vember 27, 2005, as ‘‘Drive Safer Sunday.’’; At the request of Mr. SMITH, the ence upon foreign oil, to support the considered and agreed to. deployment of new climate change-re- By Mr. FEINGOLD (for himself, Mr. name of the Senator from California lated technologies, and ensure benefits DODD, and Mr. LEAHY): (Mrs. BOXER) was added as a cosponsor S. Res. 327. A resolution remembering and of S. 453, a bill to amend section 402 of to consumers. commemorating the lives and work of the Personal Responsibility and Work S. 1264 Maryknoll Sisters Maura Clarke and Ita Opportunity Reconciliation Act of 1996 At the request of Mr. SPECTER, his Ford, Ursuline Sister Dorothy Kazel, and to provide for an extension of eligi- name was added as a cosponsor of S. Cleveland Lay Mission Team Member Jean bility for supplemental security in- 1264, a bill to provide for the provision Donovan, who were executed by members of by hospitals of emergency contracep- the Armed Forces of El Salvador on Decem- come through fiscal year 2008 for refu- ber 2, 1980; to the Committee on Foreign Re- gees, asylees, and certain other human- tives to women, and post-exposure pro- lations. itarian immigrants. phylaxis for sexually transmitted dis- By Mr. ENZI (for himself, Mr. KEN- S. 633 ease to individuals, who are survivors NEDY, Mr. ROBERTS, Mr. REED, Mr. of sexual assault. At the request of Mr. JOHNSON, the BURR, Mr. JEFFORDS, Mr. GREGG, Mrs. name of the Senator from South Caro- S. 1272 MURRAY, Mr. HATCH, Mrs. CLINTON, lina (Mr. GRAHAM) was added as a co- At the request of Mr. NELSON of Ne- Mr. DEWINE, Mr. BINGAMAN, Ms. MI- braska, the name of the Senator from KULSKI, Mr. HARKIN, and Mr. DODD): sponsor of S. 633, a bill to require the S. Res. 328. A resolution recognizing the Secretary of the Treasury to mint Washington (Ms. CANTWELL) was added 30th anniversary of the enactment of the coins in commemoration of veterans as a cosponsor of S. 1272, a bill to Education for All Handicapped Children Act who became disabled for life while amend title 46, United States Code, and of 1975 and reaffirming the commitment of serving in the Armed Forces of the title II of the Social Security Act to Congress to the Individuals with Disabilities United States. provide benefits to certain individuals Education Act so that all children with dis- who served in the United States mer- S. 877 abilities receive a free appropriate public chant marine (including the Army education in the least restrictive environ- At the request of Mr. DOMENICI, the Transport Service and the Naval ment; to the Committee on Health, Edu- name of the Senator from Georgia (Mr. Transport Service) during World War cation, Labor, and Pensions. CHAMBLISS) was added as a cosponsor of II. By Mr. ROBERTS (for himself and Mr. S. 877, a bill to provide for a biennial BROWNBACK): At the request of Mrs. CLINTON, her S. Res. 329. A resolution congratulating budget process and a biennial appro- name was added as a cosponsor of S. Coach Bill Snyder for his achievements dur- priations process and to enhance over- 1272, supra. ing 17 years as the head football coach of the sight and the performance of the Fed- S. 1504 Kansas State University Wildcats; to the eral Government. At the request of Mr. ENSIGN, the Committee on the Judiciary. S. 1016 By Mr. COLEMAN: name of the Senator from Georgia (Mr. S. Con. Res. 67. A concurrent resolution At the request of Mr. NELSON of Flor- ISAKSON) was added as a cosponsor of S. urging Japan to honor its commitments ida, his name was added as a cosponsor 1504, a bill to establish a market driven under the 1986 Market-Oriented Sector-Se- of S. 1016, a bill to direct the Secretary telecommunications marketplace, to lective (MOSS) Agreement on Medical Equip- of Energy to make incentive payments eliminate government managed com- ment and Pharmaceuticals, and for other to the owners or operators of qualified petition of existing communication purposes; to the Committee on Foreign Rela- desalination facilities to partially off- tions. service, and to provide parity between set the cost of electrical energy re- functionally equivalent services. f quired to operate the facilities, and for S. 1597 other purposes. ADDITIONAL COSPONSORS At the request of Mr. ENZI, the name S. 1023 S. 103 of the Senator from Georgia (Mr. ISAK- At the request of Mrs. FEINSTEIN, the At the request of Mr. DODD, the name SON) was added as a cosponsor of S. name of the Senator from Ohio (Mr. of the Senator from Massachusetts 1597, a bill to award posthumously a DEWINE) was added as a cosponsor of S. (Mr. KENNEDY) was added as a cospon- Congressional gold medal to 103, a bill to respond to the illegal pro- sor of S. 1023, a bill to provide for the Constantino Brumidi. duction, distribution, and use of meth- establishment of a Digital Opportunity S. 1719 amphetamine in the United States, and Investment Trust. At the request of Mr. INOUYE, the for other purposes. S. 1120 name of the Senator from Utah (Mr. S. 291 At the request of Mr. DURBIN, the HATCH) was added as a cosponsor of S. At the request of Mr. ENSIGN, the name of the Senator from Delaware 1719, a bill to provide for the preserva- name of the Senator from Louisiana (Mr. BIDEN) was added as a cosponsor of tion of the historic confinement sites (Mr. VITTER) was added as a cosponsor S. 1120, a bill to reduce hunger in the where Japanese Americans were de- of S. 291, a bill to require the with- United States by half by 2010, and for tained during World War II, and for holding of United States contributions other purposes. other purposes. to the United Nations until the Presi- S. 1139 S. 1779 dent certifies that the United Nations At the request of Mr. SANTORUM, the At the request of Mr. AKAKA, the is cooperating in the investigation of names of the Senator from Massachu- names of the Senator from Massachu- the United Nations Oil-for-Food Pro- setts (Mr. KERRY), the Senator from setts (Mr. KENNEDY) and the Senator gram. Connecticut (Mr. DODD) and the Sen- from New York (Mrs. CLINTON) were S. 333 ator from Massachusetts (Mr. KEN- added as cosponsors of S. 1779, a bill to At the request of Mr. SANTORUM, the NEDY) were added as cosponsors of S. amend the Humane Methods of Live- name of the Senator from Alabama 1139, a bill to amend the Animal Wel- stock Slaughter Act of 1958 to ensure

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13363 the humane slaughter of non- S. RES. 319 (5) Current Federal lead abatement pro- ambulatory livestock, and for other At the request of Ms. MIKULSKI, the grams, such as the Lead Hazard Control purposes. names of the Senator from Maryland Grant Program of the Department of Hous- ing and Urban Development, only have re- S. 1780 (Mr. SARBANES), the Senator from New sources sufficient to make approximately Mexico (Mr. BINGAMAN) and the Sen- At the request of Mr. SANTORUM, the 7,000 homes lead-safe each year. In many name of the Senator from Virginia (Mr. ator from New York (Mrs. CLINTON) cases, when State and local public health de- WARNER) was added as a cosponsor of S. were added as cosponsors of S. Res. 319, partments identify a lead-poisoned child, re- 1780, a bill to amend the Internal Rev- a resolution commending relief efforts sources are insufficient to reduce or elimi- enue Code of 1986 to provide incentives in response to the earthquake in South nate the hazards. for charitable contributions by individ- Asia and urging a commitment by the (6) Old windows typically pose significant uals and businesses, to improve the United States and the international risks because wood trim is more likely to be painted with lead-based paint, moisture public disclosure of activities of ex- community to help rebuild critical in- frastructure in the affected areas. causes paint to deteriorate, and friction gen- empt organizations, and to enhance the erates lead dust. The replacement of old win- AMENDMENT NO. 2365 ability of low-income Americans to dows that contain lead based paint signifi- gain financial security by building as- At the request of Mr. BINGAMAN, the cantly reduces lead poisoning hazards in ad- sets, and for other purposes. names of the Senator from Wisconsin dition to producing significant energy sav- (Mr. KOHL) and the Senator from S. 1841 ings. Vermont (Mr. JEFFORDS) were added as At the request of Mr. NELSON of Flor- (7) Childhood lead poisoning can be dra- cosponsors of amendment No. 2365 pro- ida, the names of the Senator from matically reduced by the abatement or com- posed to S. 1932, an original bill to pro- plete removal of all lead-based paint. Empir- South Dakota (Mr. JOHNSON), the Sen- vide for reconciliation pursuant to sec- ical studies also have shown substantial re- ator from New Mexico (Mr. BINGAMAN) tion 202(a) of the concurrent resolution ductions in lead poisoning when the affected and the Senator from Illinois (Mr. on the budget for fiscal year 2006 (H. properties have undergone so-called ‘‘interim OBAMA) were added as cosponsors of S. Con. Res. 95). control measures’’ that are far less costly 1841, a bill to amend title XVIII of the than abatement. AMENDMENT NO. 2601 Social Security Act to provide ex- (c) PURPOSE.—The purpose of this section At the request of Mr. NELSON of Flor- is to encourage the safe removal of lead haz- tended and additional protection to ida, the name of the Senator from Con- Medicare beneficiaries who enroll for ards from homes and thereby decrease the necticut (Mr. LIEBERMAN) was added as number of children who suffer reduced intel- the Medicare prescription drug benefit a cosponsor of amendment No. 2601 pro- ligence, learning difficulties, behavioral during 2006. posed to S. 2020, an original bill to pro- problems, and other health consequences due S. 1969 vide for reconciliation pursuant to sec- to lead-poisoning. At the request of Mr. BAUCUS, the tion 202(b) of the concurrent resolution SEC. 2. HOME LEAD HAZARD REDUCTION ACTIV- name of the Senator from Rhode Island on the budget for fiscal year 2006. ITY TAX CREDIT. (a) IN GENERAL.—Subpart B of part IV of (Mr. REED) was added as a cosponsor of f S. 1969, a bill to express the sense of subchapter A of chapter 1 of the Internal the Senate regarding Medicaid rec- STATEMENTS ON INTRODUCED Revenue Code of 1986 (relating to foreign tax BILLS AND JOINT RESOLUTIONS credit, etc.) is amended by adding at the end onciliation legislation to be reported the following new section: by a conference committee during the By Mrs. CLINTON (for herself, ‘‘SEC. 30D. HOME LEAD HAZARD REDUCTION AC- 109th Congress. Mr. DEWINE, Mr. OBAMA, and TIVITY. S. 2006 Mr. SMITH): ‘‘(a) ALLOWANCE OF CREDIT.—There shall be At the request of Mr. INHOFE, the S. 2053. A bill to amend to amend the allowed as a credit against the tax imposed name of the Senator from Louisiana Internal Revenue Code of 1986 to pro- by this chapter for the taxable year an (Mr. VITTER) was added as a cosponsor vide a tax credit for property owners amount equal to 50 percent of the lead haz- of S. 2006, a bill to provide for recovery who remove lead-based paint hazards; ard reduction activity cost paid or incurred to the Committee on Finance by the taxpayer during the taxable year for efforts relating to Hurricanes Katrina each eligible dwelling unit. and Rita for Corps of Engineers Mrs. CLINTON. Mr. President, I ask unanimous consent that the text of the ‘‘(b) LIMITATION.—The amount of the credit projects. allowed under subsection (a) for any eligible bill be printed in the RECORD. S. 2019 dwelling unit for any taxable year shall not There being no objection, the bill was At the request of Mr. SMITH, the exceed— ordered to be printed in the RECORD, as name of the Senator from Ohio (Mr. ‘‘(1) either— follows: ‘‘(A) $3,000 in the case of lead hazard reduc- DEWINE) was added as a cosponsor of S. S. 2053 tion activity cost including lead abatement 2019, a bill to provide for a research Be it enacted by the Senate and House of Rep- measures described in clauses (i), (ii), (iv) program for remediation of closed resentatives of the United States of America in and (v) of subsection (c)(1)(A), or methamphetamine production labora- Congress assembled, ‘‘(B) $1,000 in the case of lead hazard reduc- tories, and for other purposes. SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. tion activity cost including interim lead S. 2046 (a) SHORT TITLE.—This Act may be cited as control measures described in clauses (i), At the request of Mr. DEWINE, the the ‘‘Home Lead Safety Tax Credit Act of (iii), (iv), and (v) of subsection (c)(1)(A), re- name of the Senator from Vermont 2005’’. duced by (b) FINDINGS.—Congress finds that: ‘‘(2) the aggregate lead hazard reduction (Mr. LEAHY) was added as a cosponsor (1) Of the 98,000,000 housing units in the activity cost taken into account under sub- of S. 2046, a bill to establish a National United States, 38,000,000 have lead-based section (a) with respect to such unit for all Methamphetamine Information Clear- paint. preceding taxable years. inghouse to promote sharing informa- (2) Of the 38,000,000 housing units with lead- ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For tion regarding successful law enforce- based paint, 25,000,000 pose a hazard, as de- purposes of this section: ment, treatment, environmental, so- fined by Environmental Protection Agency ‘‘(1) LEAD HAZARD REDUCTION ACTIVITY cial services, and other programs re- and Department of Housing and Urban De- COST.— lated to the production, use, or effects velopment standards, due to conditions such ‘‘(A) IN GENERAL.—The term ‘lead hazard of methamphetamine and grants avail- as peeling paint and settled dust on floors reduction activity cost’ means, with respect and windowsills that contain lead at levels to any eligible dwelling unit— able for such programs, and for the above Federal safety standards. ‘‘(i) the cost for a certified risk assessor to other purposes. (3) Though the number of children in the conduct an assessment to determine the S. RES. 302 United States ages 1 through 5 with blood presence of a lead-based paint hazard, At the request of Mr. BINGAMAN, the levels higher than the Centers for Disease ‘‘(ii) the cost for performing lead abate- name of the Senator from Indiana (Mr. Control action level of 10 micrograms per ment measures by a certified lead abatement BAYH) was added as a cosponsor of S. deciliter has declined to 300,000, lead poi- supervisor, including the removal of paint Res. 302, a resolution to express the soning remains a serious, entirely prevent- and dust, the permanent enclosure or encap- able threat to a child’s intelligence, behav- sulation of lead-based paint, the replacement sense of the Senate regarding the im- ior, and learning. of painted surfaces, windows, or fixtures, or pact of medicaid reconciliation legisla- (4) The Secretary of Health and Human the removal or permanent covering of soil tion on the health and well-being of Services has established a national goal of when lead-based paint hazards are present in children. ending childhood lead poisoning by 2010. such paint, dust, or soil,

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‘‘(iii) the cost for performing interim lead ‘‘(8) DOCUMENTATION REQUIRED FOR CREDIT ‘‘Sec. 30D. Home lead hazard reduction ac- control measures to reduce exposure or like- ALLOWANCE.—No credit shall be allowed tivity.’’. ly exposure to lead-based paint hazards, in- under subsection (a) with respect to any eli- (c) EFFECTIVE DATE.—The amendments cluding specialized cleaning, repairs, mainte- gible dwelling unit for any taxable year un- made by this section shall apply to lead haz- nance, painting, temporary containment, on- less— ard reduction activity costs incurred after going monitoring of lead-based paint haz- ‘‘(A) after lead hazard reduction activity is December 31, 2005, in taxable years ending ards, and the establishment and operation of complete, a certified inspector or certified after that date. management and resident education pro- risk assessor provides written documenta- Mr. OBAMA. Mr. President, today I grams, but only if such measures are evalu- tion to the taxpayer that includes— rise in support of Senator CLINTON’s ated and completed by a certified lead abate- ‘‘(i) evidence that— bill which would provide tax credits of ‘‘(I) the eligible dwelling unit passes the ment supervisor using accepted methods, are $1,000 to $3,000 to property owners who conducted by a qualified contractor, and clearance examinations required by the De- have an expected useful life of more than 10 partment of Housing and Urban Development eliminate or contain lead-based paint years, under part 35 of title 40, Code of Federal Reg- hazards in homes where low-income ‘‘(iv) the cost for a certified lead abate- ulations, young children or women of child- ment supervisor, those working under the ‘‘(II) the eligible dwelling unit does not bearing age live. supervision of such supervisor, or a qualified contain lead dust hazards (as defined by sec- Children who eat lead paint chips in- contractor to perform all preparation, clean- tion 745.227(e)(8)(viii) of such title 40), or gest a highly toxic substance that can up, disposal, and clearance testing activities ‘‘(III) the eligible dwelling unit meets lead produce a range of health effects in- associated with the lead abatement measures hazard evaluation criteria established under cluding reduced IQ, reading and learn- or interim lead control measures, and an authorized State or local program, and ‘‘(ii) documentation showing that the lead ing disabilities, reduced attention ‘‘(v) costs incurred by or on behalf of any spans, kidney damage, and hyper- occupant of such dwelling unit for any relo- hazard reduction activity meets the require- cation which is necessary to achieve occu- ments of this section, and activity. The sad fact is that there are pant protection (as defined under section ‘‘(B) the taxpayer files with the appro- still over 400,000 children suffering 35.1345 of title 24, Code of Federal Regula- priate State agency and attaches to the tax from lead poisoning in this country, tions). return for the taxable year— many of them poor and many of them ‘‘(B) LIMITATION.—The term ‘lead hazard ‘‘(i) the documentation described in sub- minorities. My home State, Illinois, is reduction activity cost’ does not include any paragraph (A), the State with the highest number of ‘‘(ii) documentation of the lead hazard re- cost to the extent such cost is funded by any these children. grant, contract, or otherwise by another per- duction activity costs paid or incurred dur- ing the taxable year with respect to the eli- The loss of IQ and ability to learn af- son (or any governmental agency). fects these children and their families ‘‘(2) ELIGIBLE DWELLING UNIT.— gible dwelling unit, and ‘‘(A) IN GENERAL.—The term ‘eligible dwell- ‘‘(iii) a statement certifying that the for the rest of their lives and imposes ing unit’ means, with respect to any taxable dwelling unit qualifies as an eligible dwell- an economic burden on the rest of us year, any dwelling unit— ing unit for such taxable year. because of their reduced productivity. ‘‘(i) placed in service before 1960, ‘‘(9) BASIS REDUCTION.—The basis of any I urge my colleagues to join Senators ‘‘(ii) located in the United States, property for which a credit is allowable CLINTON, SMITH, DEWINE, and me in ‘‘(iii) in which resides, for a total period of under subsection (a) shall be reduced by the preventing future lead poisonings by not less than 50 percent of the taxable year, amount of such credit (determined without regard to subsection (d)). giving property owners a tax incentive at least 1 child who has not attained the age to eliminate this problem. of 6 years or 1 woman of child-bearing age, ‘‘(10) NO DOUBLE BENEFIT.—Any deduction and allowable for costs taken into account in computing the amount of the credit for lead- By Mr. KERRY: ‘‘(iv) each of the residents of which during S. 2055. A bill to amend titles 10 and such taxable year has an adjusted gross in- based paint abatement shall be reduced by come of less than 185 percent of the poverty the amount of such credit attributable to 14, United States Code, to provide for line (as determined for such taxable year in such costs. the use of gold in the metal content of accordance with criteria established by the ‘‘(d) LIMITATION BASED ON AMOUNT OF the Medal of Honor; to the Committee Director of the Office of Management and TAX.—The credit allowed under subsection on Banking, Housing, and Urban Af- Budget). (a) for the taxable year shall not exceed the fairs. ‘‘(B) DWELLING UNIT.—The term ‘dwelling excess of— Mr. KERRY. Mr. President, today I unit’ has the meaning given such term by ‘‘(1) the sum of the regular tax liability (as introduce a bill requiring that the Con- section 280A(f)(1). defined in section 26(b)) plus the tax imposed by section 55, over gressional Medal of Honor be made out ‘‘(3) LEAD-BASED PAINT HAZARD.—The term of 90 percent gold instead of gold-plat- ‘lead-based paint hazard’ has the meaning ‘‘(2) the sum of the credits allowable under given such term by section 745.61 of title 40, subpart A and sections 27, 29, 30, 30A, 30B, ed brass as is currently the case. Code of Federal Regulations. and 30C for the taxable year. The Congressional Medal of Honor is ‘‘(4) CERTIFIED LEAD ABATEMENT SUPER- ‘‘(e) CARRYFORWARD ALLOWED.— the highest award our country bestows VISOR.—The term ‘certified lead abatement ‘‘(1) IN GENERAL.—If the credit amount al- for valor in action against an enemy supervisor’ means an individual certified by lowable under subsection (a) for a taxable force. Its recipients are ordinary Amer- the Environmental Protection Agency pursu- year exceeds the amount of the limitation icans who perform extraordinary deeds ant to section 745.226 of title 40, Code of Fed- under subsection (d) for such taxable year in battle, often giving their lives. eral Regulations, or an appropriate State (referred to as the ‘unused credit year’ in This is the medal awarded post- this subsection), such excess shall be allowed agency pursuant to section 745.325 of title 40, humously to Sergeant First Class Paul Code of Federal Regulations. as a credit carryforward for each of the 20 ‘‘(5) CERTIFIED INSPECTOR.—The term ‘cer- taxable years following the unused credit R. Smith. Under attack at Baghdad tified inspector’ means an inspector certified year. International Airport, Sergeant Smith by the Environmental Protection Agency ‘‘(2) RULES.—Rules similar to the rules of quickly organized the defense of his po- pursuant to section 745.226 of title 40, Code of section 39 shall apply with respect to the sition, engaging a company-sized Federal Regulations, or an appropriate State credit carryforward under paragraph (1).’’. enemy force. He showed no concern for agency pursuant to section 745.325 of title 40, (b) CONFORMING AMENDMENTS.— his own personal safety when in the Code of Federal Regulations. (1) Section 1016(a) of the Internal Revenue face of hostile-fire he mounted an ar- ‘‘(6) CERTIFIED RISK ASSESSOR.—The term Code of 1986 is amended by striking ‘‘and’’ in mored personnel carrier and manned a ‘certified risk assessor’ means a risk assessor paragraph (36), by striking the period and in- certified by the Environmental Protection serting ‘‘, and’’ in paragraph (37), and by in- .50 caliber machine gun. As the cita- Agency pursuant to section 745.226 of title 40, serting at the end the following new para- tions accompanying his award put it, Code of Federal Regulations, or an appro- graph: ‘‘In total disregard for his own life, he priate State agency pursuant to section ‘‘(38) in the case of an eligible dwelling maintained his exposed position in 745.325 of title 40, Code of Federal Regula- unit with respect to which a credit for any order to engage the attacking enemy tions. lead hazard reduction activity cost was al- force. During this action, he was mor- ‘‘(7) QUALIFIED CONTRACTOR.—The term lowed under section 30D, to the extent pro- tally wounded. His courageous actions ‘qualified contractor’ means any contractor vided in section 30D(c)(9).’’. helped defeat the enemy attack, and who has successfully completed a training (2) The table of sections for subpart B of course on lead safe work practices which has part IV of subchapter A of chapter 1 of such resulted in as many as 50 enemy sol- been approved by the Department of Housing Code is amended by inserting after the item diers killed, while allowing the safe and Urban Development and the Environ- relating to section 30C the following new withdrawal of numerous wounded sol- mental Protection Agency. item: diers.’’

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13365 This is the medal won by Captain sional Medal of Honor, the president While this document has created a Humbert Roque Versace. During an in- enrolls the recipient in a sacred club of strong national government that is tense attack by the Viet Cong in the heroes. unrivaled in the world, it has also kept Xuyen Province, Captain Versace was The medal itself, however, while in- the power in the States to decide how wounded twice while engaging the valuable in significance and tribute, to govern themselves. As governor of enemy but continued to fight until ex- does not do enough to show our appre- the Commonwealth of Virginia and haustion and lack of ammunition led ciation. The medal is gold in color but now as United States Senator I have to his capture. The citation accom- is actually brass plated with gold and had the unique opportunity to experi- panying his award reads: ‘‘Taken pris- only costs approximately $30 to ence how this ingenious system of fed- oner by the Viet Cong, he exemplified produce. Other Congressional medals eralism plays out in every action we the tenets of the Code of Conduct from given to foreign dignitaries, famous en- take as leaders. the time he entered into Prisoner of tertainers, and other worthy citizens This legislation that I am intro- War status. Captain Versace assumed can cost $30,000 to produce. Now I will ducing today will serve to remind all command of his fellow American sol- be the first to tell you that I believe Americans of the freedoms embodied in diers, scorned the enemy’s exhaustive the value of this medal is found in the the Constitution. For many of us, it interrogation and indoctrination ef- deeds of every American who has has been a long time since we have had forts, and made three unsuccessful at- earned it. But also believe that we can the opportunity to sit down and actu- tempts to escape, despite his weakened do better. ally read this historic document. By condition which was brought about by Put simply, this legislation will forge placing the headings of the articles and his wounds and the extreme privation a medal more worthy of the esteem the amendments on the back of the and hardships he was forced to endure. with which the Nation holds those few dollar bill, all people will have the During his captivity, Captain Versace who have earned the Congressional chance to look at the provisions. I sin- was segregated in an isolated prisoner Medal of Honor through valor and her- cerely hope that when children take a of war cage, manacled in irons for pro- oism beyond compare. look at the reverse side of a dollar bill, longed periods of time, and placed on I ask unanimous consent that the they will take the time to ask their extremely reduced ration. The enemy text of the bill be printed in the parents about what they are reading so was unable to break his indomitable RECORD. they can gain a better understanding of will, his faith in God, and his trust in There being no objection, the bill was our great Nation and the principals our the United States of America. Captain ordered to be printed in the RECORD, as country was founded. Versace, an American fighting man follows: By looking at the order of the who epitomized the principles of his S. 2055 amendments to the constitution, stu- country and the Code of Conduct, was Be it enacted by the Senate and House of Rep- dents can also trace the history of our executed by the Viet Cong on 26 Sep- resentatives of the United States of America in country. The amendments to the con- tember 1965.’’ Congress assembled, stitution embody the four pillars of a This is the medal won by Marine SECTION 1. GOLD CONTENT FOR MEDAL OF free and just society. The first of these Corps Second Lieutenant Robert Dale HONOR. pillars is freedom of religion, this im- (a) REQUIREMENT FOR GOLD CONTENT.—Sec- Reem, who on the night of November 6, tions 3741, 6241, and 8741 of title 10, United portant freedom is protected by the 1950, after leading three separate as- States Code, and section 491 of title 14, First Amendment which allows all peo- saults on an enemy position in the vi- United States Code, are each amended by in- ple of all religions to freely practice cinity of Chinhung-ni, Korea, threw serting after ‘‘appropriate design,’’ the fol- their chosen religion without fear of himself on top of an enemy grenade lowing: ‘‘the metal content of which is 90 government interference. The second that landed amidst his men. percent gold and 10 percent alloy and’’. pillar is the freedom of expression, This is the medal won by Lieutenant, (b) EFFECTIVE DATE.—The amendments which again is protected in the First Junior Grade, Donald Gary, who, while made by subsection (a) shall apply with re- spect to any Medal of Honor awarded after Amendment. The third pillar is the pri- serving aboard the U.S.S. Franklin on the date of the enactment of this Act. vate ownership of property. This im- July 23, 1945, calmly led his crewmates portant freedom is protected by the to safety after their ship was attacked. By Mr. ALLEN (for himself and Fifth Amendment which limits the His citation reads: ‘‘Stationed on the Mr. WARNER): government’s power to take private third deck when the ship was rocked by S. 2056. A bill to require the Sec- property. This freedom is also pro- a series of violent explosions set off in retary of the Treasury to redesign $1 tected in the Third. The fourth Amend- her own ready bombs, rockets, and am- Federal reserve notes so as to incor- ment which protects citizens from munition by the hostile attack, Lt. porate the preamble of the Constitu- being forced to quarter solders in their (j.g.) Gary unhesitatingly risked his tion of the United States, a list de- homes and protects private property life to assist several hundred men scribing the Articles of the Constitu- from unreasonable searches and sei- trapped in a messing compartment tion, and a list describing the amend- zures respectively. The fourth pillar is filled with smoke, and with no appar- ments to the Constitution, on the re- the rule of law. Protection of the rule ent egress. As the imperiled men below verse side of such note; to the Com- of law runs throughout the Constitu- decks became increasingly panic mittee on Banking, Housing, and tion, most notably in the Sixth Amend- stricken under the raging fury of inces- Urban Affairs. ment which guarantees the right to a sant explosions, he confidently assured Mr. ALLEN. Mr. President, I rise speedy trial and the Fifth and Four- them he would find a means of effect- today to introduce a piece of legisla- teenth Amendments which require due ing their release and, groping through tion that is designed to honor the docu- process of law. the dark, debris-filled corridors, ulti- ment allows us to all be here today. Looking at the remaining amend- mately discovered an escapeway. The document I am referring to is the ments one can trace the evolution of Staunchly determined, he struggled Constitution of the United States of the Constitution and the United States back to the messing compartment America, the greatest and longest last- from the Thirteenth Amendment pro- three times despite menacing flames, ing political document in the history of hibiting slavery, to the Fifteenth flooding water, and the ominous threat the world. Drafted in part by the great Amendment providing for the right to of sudden additional explosions, on patriot Thomas Jefferson, this docu- vote regardless of race, the Nineteenth each occasion calmly leading his men ment sets forth both the structure of Amendment granting women the right through the blanketing pall of smoke our government and the fundamental to vote and the Twenty Fourth Amend- until the last one had been saved.’’ freedoms we enjoy every day. Ingenious ment prohibiting the poll tax. As I have said previously, those who by its simplicity, the Constitution is a Throughout our history, hundreds of earned these medals are the stuff of living breathing document that has al- thousands of brave men and women legend. But they are more than leg- lowed our country to evolve from 13 have laid down their lives protecting ends. They are actual people whose colonies who banded together to win the freedoms granted to us in the con- deeds inspire humility and gratitude in her independence from Great Britain to stitution. Having it been Veterans Day all of us. In bestowing the Congres- the most powerful Nation in the world. a few days ago, I feel it is high time

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13366 CONGRESSIONAL RECORD — SENATE November 18, 2005 that we do all we can to publicize what An article from 2004 in the Pough- school buildings hampers today’ s most these freedom are that we hold so dear- keepsie Journal described how, in Hyde promising and innovative efforts to ly. Park, New York along the Hudson boost student achievement. Before I yield the floor I would like River, ventilation problems at the 45- Charter schools hold the promise of to recognize the contributions of one of year-old Franklin D. Roosevelt High expanding the supply of high-quality my constituents, Mr. Randy Wright School sickened students and staff public schools, especially in disadvan- who teaches at Liberty Middle School causing watery eyes, headaches, nau- taged communities. But most charter in Hanover, VA. Mr. Wright brought sea, and dizziness. I would like to in- schools have limited credit histories this idea to my attention several years clude this article in the CONGRESSIONAL and lack access to public school facili- ago and he along with his students over RECORD. State Infrastructure Banks ties or traditional funding streams the years have been instrumental is would make funding available to ad- such as bonds. One in three charter providing support for this piece of leg- dress environmental hazards including school operators report that school islation. I therefore urge my colleagues poor ventilation and bad air quality. construction costs are a major obstacle to join me in support this legislation. They would help more schools become to their schools’ success. healthy and high-performing. The No Child Left Behind Act prom- By Mrs. CLINTON (for herself, An article in Newsday newspaper de- ised that children in underperforming Mr. HARKIN, Mr. DURBIN, Mr. scribed how, in Hempstead New York, schools would have the opportunity to KENNEDY, Mr. KERRY, Ms. LAN- on Long Island, Prospect Elementary, transfer to better public schools. But DRIEU, Mr. LAUTENBERG, and a 100-year-old school, was closed in the in many communities, more students Mr. INOUYE): fall of 2003 after administrators discov- seek transfers than are spaces avail- S. 2057. A bill to establish State in- ered a rodent problem, mold in the caf- able. In New York City last year, 33,000 frastructure banks for education, and eteria, and a crumbling chimney in a students applied to transfer out of for other purposes; to the Committee classroom. underperforming schools but only 7,000 on Health, Education, Labor, and Pen- The Marguerite Golden Rhodes Ele- could be accommodated. sions. mentary School was closed after state Charter school operators should have Mrs. CLINTON. Mr. President, I rise education officials found a gap between access to affordable financing for today to introduce legislation co-spon- where the paint on the walls ended and school construction. Schoolchildren sored with Senator HARKIN that would where the ceiling began—an indication promised public school choice should begin to rebuild America’s schools. If that either the wall or the ceiling was be able to exercise that right. Innova- approved, the Investing for Tomorrow’s moving. tive reforms should not be blocked by Schools Act would enable states to de- Hempstead High School was closed inadequate school buildings. velop State Infrastructure Banks—a for a week, after a blackboard fell off a In 2004, an editorialist for Newsday flexible and inexpensive way to finance wall exposing asbestos left over from a newspaper on Long Island wrote, school construction and renovation. botched cleanup in 1990. 1’d like to in- ‘‘School construction is one area where This approach offers an innovative so- clude this article in the CONGRESSIONAL the federal government could do more. lution to the urgent problem of fixing RECORD. Little . . . has been heard on the sub- deteriorating schools. Every dollar in- The school closures worsened over- ject since the late 90s—that’s a shame. vested to create State Infrastructure crowding, as parents Celia Ridely and . . . Money must be found to keep Banks would be reused to support Olive Warner pointed out to Newsday schools safe, functional, and welcoming project after project in the form of and the New York Times. With schools places.’’ loans and credit support. in such poor condition, is it surprising Senator HARKIN and I agree. That’s According to the National Center for that just 38 percent of students in why today we are introducing the In- Education Statistics, three in four Hempstead graduate from high school? vesting for Tomorrow’s Schools Act. At schools in America need assistance to In Washingtonville, 54 miles north of the heart of our proposal is the cre- come into ‘‘good overall condition.’’ New York City, the roof over a class- ation of State Infrastructure Banks, Repairs and modernizations will cost, room in 44–year-old Taft Elementary which would improve financing for according to the National Education collapsed. Fortunately the cata- school construction. This financing Association, $322 billion. New York strophic collapse occurred in August of mechanism has been used since the State has a greater need than any 2004, before the school year began, and Reagan Administration to help local other state—estimated at $51 billion. no one was injured. communities fund water treatment and Just in New York City, schools are es- Unfortunately, the U-shaped joist clean water facilities and transpor- timated to need $21 billion. The city’s which contributed to the collapse was tation projects. For example, my own schools are so old that they would popular in school construction across State of New York received $2.48 billion nearly qualify for social security, aver- New York and throughout America in Federal support for its Clean Water aging 61-years-old. from 1900 to the early 1970s. Many of State Revolving Fund between 1989 and Acute need for school repair and these schools are still in operation. 2004. It leveraged that money into more modernization exists nationwide. Need New York’s Department of Education than $10 billion of loans to local com- is estimated at $33 billion in California, took the precaution of advising school munities. $25 billion in Ohio, $22 billion in New districts to check similar joists to For example, State Infrastructure Jersey, $13 billion in Texas, and $10 bil- make sure they are in good condition. Banks would offer school districts a lion each in Illinois, Massachusetts, The lack of funding for school con- flexible menu of loan and credit en- Michigan, Pennsylvania, and Utah. Na- struction can lead school districts to hancement assistance, such as low in- tion-wide costs add up to $322 billion. put off maintenance. Paul Abramson, a terest loans, bond-financing security, In 2005, an estimated $19.6 billion was consultant based in Westchester Coun- loan guarantees, and credit support for spent nation-wide on school construc- ty, New York told a school construc- financing projects, which result in tion. At that rate, it will take more tion website, ‘‘What happens, unfortu- lower interest rates. than 16 years to modernize school nately, is [that] school districts cut State Infrastructure Banks would buildings. Last year in New York, $984 down on maintenance.’’ not strain Federal Treasury or the million was spent on school construc- Barbara Knisely-Michelman of the American taxpayer. After initial fund- tion. At that rate, it will take more American Association of School Ad- ing, they would require no ongoing fed- than 50 years to modernize New York’s ministrators said, ‘‘It comes down to eral appropriations. As each loan is re- schools—and that’s assuming that in the issue of resource. If school adminis- paid, the money can be offered as a new the meantime we don’t need to build trators had unlimited resources, [main- loan. more new schools and that no schools tenance] would be at the top of the Passage of this bill would lay the fall apart! agenda.’’ groundwork for a robust system of When students attend schools in dis- We can do better. Schoolchildren State Infrastructure Banks that pro- repair, the consequences are all too should not have to contend with fall- vide immediate aid to the neediest clear. ing-down schools. The lack of adequate schools and help local communities

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13367 fund affordable construction far into And there’s still more: the school district ownership consolidation and the anti- the future. is facing $100 million worth of lawsuits, in- competitive practices common in the This modest proposal is one piece of cluded in these are suits filed by school em- industry. These practices include tacit the school construction solution. I ask ployees making charges of sexual harass- or explicit pay-for-play, or ‘‘payola,’’ ment and discrimination. In addition, school payments, and corporate radio stations my Senate colleagues to join me today board member Thomas Parsley is suing col- to pass this legislation without delay. league Ralph Schneider over something per- putting untoward pressure on artists to Mr. President, I ask unanimous con- sonal. play at the same corporation’s venues sent that 2 articles be printed in the Parsley himself was charged in September use affiliated concert promoters. While RECORD. with stealing an ATM card from a principal, I continue to be concerned by consoli- There being no objection, the articles though he has said the charge was politically dation and believe this centralization were ordered to be printed in the motivated. exacerbates the potential for abuse, the Neither the district superintendent nor RECORD, as follows: bill I introduce today focuses instead any of the five board members returned re- [From Poughkeepsie Journal, Dec. 9, 2004.] on the anti-competitive practices, peated calls. whether they occur at a radio station VENTILATION BLAMED FOR FDR HIGH The 6,800-student district is struggling group of a handful of stations or one ILLNESSES with the problems that plague so many fi- that owns thousands of stations. (By John Davis) nancially-strapped communities. Almost three-quarters of the Hempstead district’s Some might question why we need Ventilation problems were the cause of a students qualify for free lunch. added scrutiny and accountability for rash of complaints about the air at Franklin Less than 40% of its high school students the radio and concert industries spe- D. Roosevelt High School in October and No- graduate, compared to wealthy next-door cifically. Besides the unique role radio vember, according to health officials. neighbor Garden City, where 99% graduate. After weeks of testing and monitoring con- plays for communication and enter- Reading and math scores continue to lag be- ditions at the Hyde Park high school, tainment in each American’s life, radio hind the county average. Dutchess County Health Commissioner Dr. also is, in a sense, a public-private And school buildings have not been prop- Michael Caldwell recently relayed his find- partnership. With radio’s use of the erly maintained. ings in a letter to Hyde Park schools Super- Prospect Elementary was closed last year public airwaves, it also has a responsi- intendent Carole Pickering. after mold was discovered in the cafeteria. bility to serve the public good. ‘‘The reported symptoms and effects Marguerite Golden Rhodes Elementary The abuses within the radio and con- among students and staff in the school are School also was closed after it appeared the cert industry are not entirely new. In consistent with those reported in a building building was shifting dangerously. Both fact, problems have occasionally with inadequate ventilation,’’ Caldwell schools’ students are attending classes held wrote. sprung up almost throughout the en- in trailers. In response to the complaints by students tire history of the medium. There al- Last year, a problem with the hot water and staff reporting headaches, dizziness and most seems to be a cyclical pattern as heater sickened staffers and students at watery eyes, the county health department the payola is rooted out and then sev- Alverta Bray Schultz Middle School, which considered a number of factors as being the eral years later is reincarnated in also was found to be serving spoiled food in source of the problem. its cafeteria. And Hempstead High was shut slightly different form to grow to be- The health department has ruled out mold, down for a week last year after a chalkboard come pervasive again. So while the toxic agents or germs as being the culprit. fell, exposing asbestos. original payola practices predated the ‘‘Recent modifications made to the Amid all these problems, the school board recent rapid consolidation in the indus- school’s ventilation system appear to have last month fired Superintendent Nathaniel had a beneficial effect upon the FDR high try, the concentration of power has Clay, replacing him with Susan Johnson. school community,’’ Caldwell noted in his made the problem more widespread and Johnson, who was fired as the district’s di- letter. its effects possibly more severe on rector of personnel just two months before Pickering expressed sympathy Wednesday local stations, promoters, artists and getting the top job, had launched her own for those who suffered during the period of consumers. lawsuit against the district, charging wrong- the air problem. While paying a radio station or radio ful termination. ‘‘I regret that even one single person was Parents are planning a Dec. 4 rally and station employee to play a certain song ill due to the air quality problems over the march—from Village Hall to school district without telling the audience has a long last seven weeks,’’ Pickering said in a pre- offices—in an attempt to get local school history in radio, this does not make pared statement Wednesday. ‘‘We will con- leaders to perform dutifully. the fraud and bribery any more accept- tinue to monitor FDR and to proactively as- ‘‘Taxpayers, parents and students are fum- sess heating and ventilation systems in all able. In the 1950s, the practice was rel- ing,’’ Mazile said. ‘‘We’re going to hold their our buildings.’’ atively simple. Artists, their labels or feet to fire.’’ managers would often directly bribe DJs to play their songs either in cash [From Daily News (New York), Nov. 21, 2004.] By Mr. FEINGOLD: IT’SAFOUL SCHOOL STEW—FIRINGS, PROBES or through other consideration. When S. 2058. A bill to promote trans- this practice became public, there were AND LAWSUITS IN HEMPSTEAD parency and reduce anti-competitive (By Laura Williams) investigations and Congress and the practices in the radio and concert in- Federal Communications Commission It already seemed more than the Hemp- dustries; to the Committee on Com- stead School District could bear. Asbestos (FCC) took actions to block this pay- merce, Science, and Transportation. ola. and mold forced school closings. The school Mr. FEINGOLD. Mr. President, I am board abruptly fired the superintendent. The most recent incarnation of pay- Board members were suing each other amid pleased to introduce legislation today ola takes a more complicated and so- accusations of corruption. that will promote openness and fair phisticated—corporate, if you will—ap- Then last week came word that the State competition in the radio and concert proach to skirt the current rules that Education Department is launching an inves- industries. prevent direct pay-for-play. Indirect tigation into financial hanky-panky by I have followed the changes in the payments through independent music school board members. That revelation, in radio and concert industries since the promoters have been an open secret, as fact, was welcome news to fed-up parents. 1996 Telecommunication Act with great have more direct payments, as the Board members ‘‘cannot get through a concern. For years, I have heard com- school board meeting without arguing about ground-breaking investigation of New which friend is going to benefit and how plaints from my constituents about the York Attorney General Eliot Spitzer they’re going to get money back from the increasing concentration of ownership demonstrates. While the Spitzer inves- district,’’ said Ron Mazile, co-chairman of in the radio and concert industries and, tigation is ongoing, he has already un- Hempstead Parents Community United. in turn, the increasingly uneven play- covered significant abuses and this The investigation will be conducted in ad- ing field for small radio stations and summer reached a $10 million settle- dition to an in-depth audit of the district’s independent concert promoters. For ment with a record label. books being done by State Controller Alan consumers this has meant less diver- While not traditionally considered Hevesi. sity, less local content and growing As if all that weren’t enough, a Hempstead payola, there are other abuses of power High student was stabbed to death near the dissatisfaction with the radio and con- over airplay decisions by radio stations school Tuesday. A former gang member was certs they are offered. and their corporate parents, especially arrested, and cops were seeking two more Most recently in the last Congress, I when the conglomerate also owns con- suspects last week. introduced broad legislation to address cert promoters and venues. This cross-

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13368 CONGRESSIONAL RECORD — SENATE November 18, 2005 ownership sets up a situation where other consideration travels, if it is for cording Arts and Sciences, Inc.; and the same corporation that is negoti- airplay and not disclosed, it is payola. the Recording Artists’ Coalition. I urge ating a contract for an artist to per- Cross-ownership of radio stations and my colleagues to join me and support form at its concert also controls the concert promoters or venues poses a se- this legislation to promote fair com- lifeblood of that artist’s success— rious problem for fair competition. petition in the radio and concert indus- airplay of his or her songs. The result Without controls, the relationship in- tries. I urge my colleagues to join me can be intense pressure on artists to jects the profitability of a concert and and support this legislation to promote play radio station-promoted shows and, not artistic merit into airplay deci- fair competition in the radio and con- often, to do so for less than the normal sions. The bill would either prohibit cert industries. rate. This practice hurts the artist, this, in the case of cross-ownership, or I ask unanimous consent that the hurts competing independent stations place controls to ensure fair competi- text of the bill be printed in the and promoters and, ultimately, hurts tion in the concert promotion industry. RECORD. the listening public, which ends up The final element of the bill—in- There being no objection, the bill was choosing from songs on the radio that creased transparency—hopefully will ordered to be printed in the RECORD, as have been selected based on where and have the biggest impact by deterring follows: for whom the artist is performing a payola in all its past, present and fu- S. 2058 concert, and for the songs’ artistic ture incarnations. The bill requires Be it enacted by the Senate and House of Rep- merit. Moreover, for any artist who radio stations to disclose all receipts of resentatives of the United States of America in deigns to refuse the direct or implied payments or consideration that could Congress assembled, extortion from the conglomerate, as be used as a front for payola along with SECTION 1. SHORT TITLE. Don Henley’s courageous testimony in a list of the songs played every month, This Act may be cited as the ‘‘Radio and a 2003 Commerce Committee hearing broken down by label and artist. While Concert Disclosure and Competition Act of clearly explained, there is the risk of corporations may not fear the current 2005’’. retaliation—either immediately or by hard-to-prove $10,000 fines, they do un- SEC. 2. DISCLOSURE REGULATIONS. (a) MODIFICATION OF REGULATIONS.— boycotting the next single or album derstand public relations. The poten- (1) IN GENERAL.—Not later than 1 year after the artist produces. And with the con- tial for consumers and the media to use the date of the enactment of this Act, the solidation in the industry, that boycott these records to connect the dots Federal Communications Commission shall might not just be in one station in one should have a chilling effect on the modify its regulations under sections 317 and market; it could be forty stations in practice and may mean that the FCC 507 of the Communications Act of 1934 (47 many markets. Facing this kind of po- Enforcement Bureau will rarely even U.S.C. 317 and 508), to prohibit the licensee tential threat, you can see why even need to be involved. But if problems or permittee of any radio station, including the most popular acts are afraid to persist, this bill will provide the Bu- any employee or affiliate of such licensee or permittee, from receiving money, services, speak publicly. reau with better powers and evidence or other valuable consideration, whether di- The bill I introduce today proposes a to combat payola in all its forms. rectly or indirectly, from a record company, multi-faceted approach to the various Finally let me put this in context recording artist, concert promoter, music entrenched forms of payola. The bill and remind my colleagues that radio promoter, or music publisher, or an agent or would simultaneously strengthen the stations use a public resource, the air- representative thereof, unless the licensee or FCC’s ability to prove and punish vio- waves, to reach their listeners. With permittee discloses at least monthly the re- lators, close the loophole allowing indi- this use comes a responsibility to the ceipt of such money, services, or other con- rect payola, prevent cross-ownership public and an understanding that they sideration to the Federal Communications Commission (in this Act referred to as the from hindering fair competition, and, accept a degree of increased scrutiny. ‘‘Commission’’) and the public in a manner perhaps most importantly, increase My legislation strives to ensure that that the Commission shall specify. transparency through disclosure of the the public knows when it hears a song (2) EXCEPTION.—The Commission in modi- payments to radio stations from art- on the radio that it is because the sta- fying its regulations as required under para- ists, labels, promoters and others who tion, the DJ, the public, or even a focus graph (1) may create an exception to the pro- may have an interest in improperly in- group, believes it has artistic merit hibition described under paragraph (1) for— fluencing airplay decisions. and that it is something the listeners (A) transactions provided at nominal cost; The bill improves the FCC’s ability will enjoy. Too often, today’s radio lis- or to enforce payola violations through (B) paid broadcasting disclosed under sec- teners are left to wonder whether a tion 317 of the Communications Act of 1934 several means. It requires radio sta- song was played because the station (47 U.S.C. 317), if the monthly disclosure de- tions to make transactions with enti- manager got a new laptop or because scribed in paragraph (1) includes the propor- ties like record labels that might have the station’s parent company is pro- tion of total airplay considered paid broad- an interest in influencing airplay on an ducing the artist’s upcoming concert. casting. ‘‘arm’s length basis.’’ Moreover the bill It boils down to choices. This bill will (b) PLAYLIST.—The monthly disclosure by requires record-keeping of such trans- reinstate choices, the fundamental a radio station licensee or permittee re- actions and makes the records avail- basis of competition; choice for the quired under subsection (a) shall include a able to the FCC in the event of an in- artists to pick which concerts to play list of songs and musical recordings aired during the disclosure period, indicating the vestigation. In addition, the bill sig- and who they want to promote their artist, record label, and number of times the nificantly increases penalties for pay- concerts; choices for the radio stations song was aired. ola violations and allows the FCC to to play songs based on merit, or at SEC. 3. ARM’S LENGTH TRANSACTIONS. consider revoking a station’s license. least not based on narrow financial in- (a) IN GENERAL.—Not later than 1 year As we have seen in the realm of inde- terests; and ultimately choices for con- after the date of the enactment of this Act, cency, multimillion dollar companies sumers as artistic merit instead of the the Federal Communications Commission do not blink at the current fines of ability to pay carefully disguised shall modify its regulations under sections $10,000 per violation, but the prospect bribes broadens the field of artists who 317 and 507 of the Communications Act of of putting a license in jeopardy will get can compete. 1934 (47 U.S.C. 317 and 508), to require that all transactions between a licensee or permittee their attention. I am pleased that my bill has been of any radio station, including any employee As I’ve already mentioned, the cur- endorsed by the following groups, and I or affiliate of such licensee or permittee, and rent payola rules were put in place for am grateful for the input they have a record company, recording artist, concert an earlier, simpler incarnation of the provided about problems in the radio promoter, music promoter, or music pub- practice—the direct bribing of DJs and and concert industries: the American lisher, or an agent or representative thereof, stations. Payola has changed, often Association of Independent Music/ shall be conducted at an arm’s length basis going through third parties such as A2IM; the American Federation of Tel- with any such transaction reduced to writing independent music promoters or under evision and Radio Artists; the Amer- and retained by the licensee or permittee for the period of the license term or 5 years, the guise of a legitimate transaction. ican Federation of Musicians of the whichever is greater. The bill broadens the current rules to United States and Canada; Consumers (b) RECORDS.—A record of each transaction include these indirect payments, so no Union; Free Press; the Future of Music described under subsection (a) shall be— matter what tortured path money or Coalition; the National Academy of Re- (1) made available upon request to—

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(A) the Commission; and (B) WAIVER.—The Commission may waive section 2, 3, 4, or 6 of the Radio and Concert (B) any State enforcement agency; and the prohibition required under subparagraph Disclosure and Competition Act of 2005.’’. (2) subject to a random audit by the Com- (A) if— SEC. 9. INCREASED MAXIMUM PENALTIES. mission to ensure compliance on a basis to (i) the Commission determines that be- (a) PENALTIES FOR DISCLOSURE OF PAY- be determined by the Commission. cause of the nature of the cross-ownership MENTS TO INDIVIDUALS CONNECTED WITH (c) EXEMPTION.—The Commission may cre- and market served— BROADCASTS.—Section 507(g)(1) of the Com- ate an exemption to the record keeping re- (I) the affected radio station, concert pro- munications Act of 1934 (47 U.S.C. 508(g)(1)) is quirement described in subsection (b)— moter, or venue would be subjected to undue amended by striking ‘‘$10,000’’ and inserting (1) for a transaction that is of a nominal economic distress or would not be economi- ‘‘$50,000’’. value; and cally viable if such provisions were enforced; (b) PENALTIES FOR PROHIBITED PRACTICES IN (2) for a radio station that is a small busi- and CONTESTS OF KNOWLEDGE, SKILL, OR ness, as recognized by the Commission and (II) the anti-competitive effects of the pro- CHANCE.—Section 508(c)(1) of the Commu- established by the Small Business Adminis- posed transaction are clearly outweighed in nications Act of 1934 (47 U.S.C. 509(c)(1)) is tration under section 121 of title 13, Code of the public interest by the probable effect of amended— Federal Regulations, if the Commission de- the transaction in meeting the needs of the (1) by striking ‘‘$10,000’’ and inserting termines that such record keeping poses an community to be served; and ‘‘$50,000’’; and undue burden to that small business. (ii) the affected radio station, concert pro- (2) by inserting ‘‘, for each violation’’ be- SEC. 4. COMPETITION REGULATIONS. moter, or venue demonstrates to the Com- fore the period. Not later than 1 year after the date of the mission that decisions regarding the broad- enactment of this Act, the Federal Commu- cast of matter, including any sound record- By Mr. VOINOVICH (for himself nications Commission shall modify its regu- ing, will be made at arm’s length and not and Mr. AKAKA): lations under sections 317 and 507 of the based, in whole or in part, upon whether or S. 2060. A bill to extend the District Communications Act of 1934 (47 U.S.C. 317 not the creator, producer, or promoter of and 508), to accomplish the following: of Columbia College Access Act of 1999 such matter engages the services of the li- and make certain improvements; to the (1) GENERAL PROHIBITION.—To prohibit the censee or permittee, or an affiliate thereof. licensee of any radio station, including any Committee on Homeland Security and SEC. 5. REVIEW OF TRANSACTIONS. parent, subsidiary, or affiliated entity of (a) IN GENERAL.—Upon petition by a musi- Governmental Affairs. such licensee, from using its control over cian, recording artist, or interested party, Mr. VOINOVICH. Mr. President, any non-advertising matter broadcast by the Commission shall review any transaction today I rise to introduce legislation to such licensee to extract or receive money or reauthorize the District of Columbia any other form of consideration, whether di- entered into under section 3 or section 4. (b) COPY OF PETITION.—A copy of any peti- rectly or indirectly, from a record company, Tuition Assistance Grant (D.C. TAG) tion submitted to Commission under sub- artist, concert promoter, or any agent or program for five additional years. This section (a) shall be provided by the person representative thereof. program has had a tremendously bene- filing such petition to the licensee or per- (2) RADIO STATION CONCERTS.— ficial impact on promoting higher edu- mittee, or musician or recording artist, as (A) IN GENERAL.—To prohibit a licensee or cation for high school graduates in our permittee of a commercial radio station, or applicable. (c) PUBLIC DISCLOSURE.—If the Commis- Nation’s capital. affiliate thereof, from— sion, after reviewing a petition submitted The aim of this program is to assist (i) engaging, receiving, making an offer under subsection (a) finds a transaction vio- for, or directly profiting from concert serv- District students, who do not have ac- lated any provision of this paragraph or sec- ices of any musician or recording artist un- cess to state-supported education sys- tion 3, the Commission shall publicly, after less the licensee or permittee does not dis- tems, in attending college. D.C. TAG criminate, in whole or in part, about the all parties have had a reasonable oppor- scholarships are used by District resi- broadcast of non-advertising matter, includ- tunity to comment, disclose its finding and dents to pay the difference between in- grant appropriate relief. ing any sound recording, by that particular State and out-of-State tuition at State SEC. 6. PENALTIES. artist upon whether or not that artist per- universities nationwide, up to $10,000 forms at the radio station affiliated concert; The regulations promulgated under sec- and tions 2, 3 and 4 shall set forth appropriate per student per school year, with a cu- (ii) engaging or receiving concert services penalties for violations including an imme- mulative cap of $50,000 per student. In of any musician or recording artist unless diate hearing before the Commission upon addition, since March 2002, District the licensee or permittee provides the musi- the issuance of a notice of apparent liability students attending private institutions cian or recording artist with compensation or violation, with possible penalties to in- in Maryland and Virginia, as well as for such services at the fair market value for clude license revocation. Historically Black Colleges and Uni- the performance. SEC. 7. REPORT. versities nationwide, started receiving Not later than 2 years after the date of en- (B) DEFINITION.—For purposes of subpara- tuition grants under the program of graph (A), the term ‘‘fair market value’’ actment of this Act, and every 2 years there- shall include such factors as— after, the Commission shall issue a report to $2,500 per student per school year, with (i) the rate typically charged by the musi- Congress and the public that— a cumulative cap of $12,500 per student. cian or recording artist for a concert of the (1) summarizes the disclosures made by li- Since the first grants were awarded size being put on for the station; censees and permittees as required under in 2000, the program has dispersed over (ii) the expenses of the musician or record- section 2; $98 million to 8,454 District students; ing artist to travel to, and perform at, the (2) summarizes the audits conducted by the many are the first in their family to concert location; and Commission as required under section 3(b)(2); attend college. Moreover, District high (iii) the length of the performance in rela- (3) summarizes the cross-ownership waiv- school graduating seniors have seen a tion to the standard duration for a concert ers, if any, awarded by the Commission by the musician or recording artist. under section 4(3)(B); 28 percent increase in college attend- (C) LIMITATIONS AND EXCLUSIONS.—The pro- (4) evaluates ownership concentration and ance. Seventy five percent of District visions of this paragraph shall not— market power in the radio industry in a students said that D.C. TAG made a (i) prohibit consideration for the concert manner similar to the most recent in the dis- difference in their decision to continue services being made in the form of pro- continued series of FCC reports, ‘‘Radio In- their education beyond high school. motional value, cash, or a combination of dustry Review 2002: Trends in Ownership, Sixty five percent of District students both; or Format, and Finance’’; and have indicated that D.C. TAG has en- (ii) apply to— (5) describes any violations of section 2, 3, abled them to choose a college that (I) a radio station that is a small business, or 4, and penalty proceedings under section as recognized by the Commission and estab- 6, and includes recommendations for any ad- best suits their educational needs. lished by the Small Business Administration ditional statutory authority the Commission Because of the great success and under section 121 of title 13, Code of Federal determines would improve compliance with positive impact of this program, I pro- Regulations; regulations issued under this Act. pose to expand the program to private (II) in-studio live interviews and perform- SEC. 8. LICENSE REVOCATION. schools nationwide, thereby creating ances; or Section 312(a) of the Communications Act greater equity between all private col- (III) concerts whose proceeds are intended of 1934 (47 U.S.C. 312) is amended— leges, while establishing a cap on pro- and provided for charitable purposes. (1) in paragraph (6), by striking ‘‘; or’’ and gram funding at the current appropria- (3) RADIO AND CONCERT CROSS-OWNERSHIP.— inserting a semicolon; tion of $33.2 million annually. In addi- (A) IN GENERAL.—To prohibit a licensee or (2) in paragraph (7), by striking the period permittee of a radio station, or affiliate at the end and inserting ‘‘; or’’; and tion, this legislation will require the thereof, from owning or controlling a con- (3) by adding at the end the following: Mayor of the District of Columbia to cert promoter or venue primarily used for ‘‘(8) for violation of or failure to follow any submit an annual report to Congress on live concert performances. regulation established in accordance with the program’s status.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13370 CONGRESSIONAL RECORD — SENATE November 18, 2005 As Chairman of the District of Co- By Mr. ENZI (for himself, Mr. myth. It is dangerous because it pro- lumbia authorizing subcommittee, lev- ISAKSON, Mr. CRAIG, Mr. BURR, motes and perpetuates an adversarial eling the playing field for high school Mr. ROBERTS, Mr. SESSIONS, Mr. relationship between employers and graduates in the District and enhanc- GREGG, Mr. WARNER, and Mr. government safety agencies at the very ing their educational opportunities DEMINT): time that we need precisely the oppo- continues to be a top priority. I urge S. 2066. A bill to amend the Occupa- site. Cooperation, not confrontation is all of my colleagues to support this tional Safety and Health Act of 1970 to essential in making our workplaces legislation. further improve the safety and health safer. I ask unanimous consent that the of working environments, and for other It is fortunate that most employers text of the bill be printed in the purposes; to the Committee on Health, want to do the right thing since with- RECORD. Education, Labor, and Pensions. out the cooperation of the employer There being no objection, the bill was community there is little realistic ordered to be printed in the RECORD, as By Mr. ENZI (for himself, Mrs. hope of continuing to improve work- follows: MURRAY, Mr. ISAKSON, Mr. place safety. That is the second funda- S. 2060 BURR, Mr. SESSIONS, and Mr. mental reality we must accept. Where Be it enacted by the Senate and House of Rep- GREGG): the vast majority of employers are resentatives of the United States of America in S. 2067. A bill to assist chemical man- committed to establishing and main- Congress assembled, ufacturers and importers in preparing taining a safe workplace, it makes lit- SECTION 1. 5-YEAR REAUTHORIZATION OF TUI- material safety data sheets pursuant to tle sense to perpetuate a system built TION ASSISTANCE PROGRAMS. the requirements of the Hazard Com- largely on a system of inspections and (a) PUBLIC SCHOOL PROGRAM.—Section 3(i) munication standard and to establish a sanctions. Any system aimed at fos- of the District of Columbia College Access Commission to study and make rec- tering workplace safety that relies Act of 1999 (sec. 38–2702(i), D.C. Official Code) ommendations regarding the imple- principally on such measures is not is amended by striking ‘‘each of the 7 suc- mentation of the Globally Harmonized only improperly focused; it cannot, as ceeding fiscal years’’ and inserting ‘‘each of a practical matter, even hope to the 11 succeeding fiscal years’’. System of Classification and Labeling (b) PRIVATE SCHOOL PROGRAM.—Section 5(f) of Chemicals; to the Committee on achieve its intended goal. of such Act (sec. 38–2704(f), D.C. Official Health, Education, Labor, and Pen- Simple mathematics makes it clear Code) is amended by striking ‘‘each of the 7 sions. that we cannot inspect or sanction our succeeding fiscal years’’ and inserting ‘‘each Mr. ENZI. Mr. President, I am way to greater job safety. Today, the of the 11 succeeding fiscal years’’. pleased today to announce the intro- total number of OSHA inspectors, in- cluding those employed by the states, SEC. 2. EXPANSION TO PRIVATE SCHOOLS NA- duction of legislation designed to im- TIONWIDE. as well as those employed by the Fed- prove our workplace health and safety. Section 5(c)(1)(A)(i) of the District of Co- eral Government, is less than 2,400. The Senate Committee on Health, Edu- lumbia College Access Act of 1999 (sec. 38– Each of these individuals conducts an cation, Labor and Pensions, that I 2704(c)(1)(A)(i); D.C. Official Code) is amend- average of about 40 inspections a year. ed by striking ‘‘the main campus’’ through Chair, has a broad range of responsibil- In other words, there will be less than the end and inserting ‘‘located in the United ities. None of them is more important States;’’. 100,000 work sites inspected by State than the oversight of our occupational and Federal OSHA combined in any SEC. 3. CAPPED FUNDING. safety and health laws. Section 7 of the District of Columbia Col- given year. At the present time, there In the past decade or so we have wit- are well over seven million worksites lege Access Act of 1999 (sec. 38–2706; D.C. Offi- nessed steady progress toward safer cial Code) is amended— in the United States. At current in- (1) in paragraph (2), by striking ‘‘or’’ after and healthier workplaces. For example, spection rates, we would need nearly the semicolon; in 1992, approximately 9 out of every 170,000 OSHA inspectors in order to in- (2) in paragraph (3), by striking the period 100 American workers suffered a work- spect all U.S. work sites just once a and inserting ‘‘; or’’; and place injury. By 2003, that injury rate year. In addition, since most industrial (3) by adding at the end the following: had been cut nearly in half. Over the accidents occur in a split second, and ‘‘(4) $33,200,000, in the case of the aggregate same period we have seen more than a since many are caused by unsafe acts amount for fiscal year 2006 and each suc- 20 percent decline in the annual rate of ceeding fiscal year.’’. rather than unsafe conditions, even an fatalities from workplace injuries. army of inspectors could not ade- SEC. 4. MAYOR’S REPORT. As encouraging as this progress is, Section 3(g) of the District of Columbia quately address the issue. College Access Act of 1999 (sec. 38–2703(g); however, it should not be cause for It is my view that any practical ap- D.C. Official Code) is amended to read as fol- anyone to become complacent. The proach to addressing the issue of work- lows: number of work-related deaths and in- place safety must recognize these reali- ‘‘(g) MAYOR’S REPORT.—Not later than Au- juries remains unacceptably high. For ties and be designed to encourage and gust 1, the Mayor shall report to Congress example, last year, despite the efforts assist employers in achieving this annually regarding: of all concerned, some 4.4 million end—not merely punish them for fail- ‘‘(1) The number of students applying for workers suffered work-related injuries, ing to do so. For these reasons, the leg- the program and the number of students with 1.3 million of those injuries in- graduating from the program. islation that I have introduced today ‘‘(2) The number of eligible students at- volving lost work days. Such work- contains a number of provisions de- tending each eligible institution and the place injuries continue to bring hard- signed to enhance voluntary compli- amount of the grant awards paid to those in- ship to employees and their families ance, and to provide technical assist- stitutions on behalf of the eligible students. and to impose significant burdens on ance to the vast majority of employers ‘‘(3) The extent, if any, to which a ratable our economy. We need to continue our that strive every day to ensure the reduction was made in the amount of tuition efforts to improve workplace safety. health and safety of their employees. and fee payments made on behalf of eligible If we are to be successful in our ef- Thus, these bills contain provisions students. forts we must be prepared to cast aside ‘‘(4) The progress in obtaining recognized that encourage employers to engage academic credentials of the cohort of eligible old assumptions, be willing to embrace the services of highly qualified third- students for each year.’’. new ideas, and be candid enough to party safety consultants to assist them agree on some fundamental realities. in creating safer workplaces. The legis- By Mr. ENZI (for himself, Mr. First among these realities is that the lation also seeks to extend the benefits ISAKSON, Mr. CRAIG, Mr. BURR, overwhelming number of employers are of such worthwhile initiatives as the Mr. ROBERTS, Mr. SESSIONS, Mr. concerned about the welfare of their current Voluntary Protection Plan to WARNER, and Mr. GREGG): employees and are fully prepared to smaller employers; and it increases the S. 2065. A bill to amend the Occupa- comply with laws aimed at enhancing level of government outreach and tech- tional Safety and Health Act of 1970 to their safety on the job. The notion that nical help to employers seeking assist- further improve the safety and health employers care little about worker ance in making their workplaces safer. of working environments, and for other safety, or are prepared to sacrifice It also provides for increased training purposes; to the Committee on Health, worker health in the pursuit of higher of OSHA personnel and fosters a great- Education, Labor, and Pensions. profits is a dangerously inaccurate er understanding of specific workplace

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13371 safety issues through a unique cross- cidents, and 40 percent of all workplace islation offered today does. Thus, the training and exchange program be- fatalities involve drugs or alcohol. HazCom Simplification and Moderniza- tween OSHA and the business commu- Some 38 to 50 percent of all workers’ tion Act that is a part of the legisla- nity. These last two initiatives are compensation claims are related to tive package introduced today provides predicated on the common sense notion drug or alcohol abuse in the workplace. for the simplification of current hazard that the more we know and the more An industrial accident typically takes communication standards and it cre- we collaborate toward a common goal, only a split second to occur. The safest ates a commission designed to review the more likely it is that we will conceivable conditions and systems and make recommendations regarding achieve the desired result. can be rendered useless in that instant the implementation of the global har- While I believe that the interests of by an employee whose judgment or re- monization of chemical labeling, haz- workplace safety compel us to dra- actions are impaired. ard communication and a variety of re- matically increase our efforts at en- Apart from substance abuse, we also lated issues. I am particularly proud of couraging voluntary compliance, we cannot ignore the fact that any em- the fact that this bill is the product of cannot be unmindful that the Occupa- ployer’s safety policies and procedures considerable bi-partisan effort, and I tional Safety and Health Act is a regu- can be rendered useless whenever some- am particularly pleased to have Sen- latory statute; and that, like all regu- one breaks the rules. ator MURRAY as its cosponsor. I am lation, there are points at which the If we are serious about workplace deeply grateful for all her efforts in process becomes adversarial. I cer- safety we have to understand that the bringing this legislation to this point. tainly believe there should be a less ad- employer is not the only factor in the It is my belief that the three bills in- versarial process, however, when it equation. And, if we propose to achieve troduced today reflect the correct and does occur I believe it needs to be fair workplace safety solely by regulating balanced approach to the goal of in- and regular. In the regulatory context, employer conduct, then we fail to ade- creased work place safety that all of us the power and resources of the Federal quately address the entire issue. At a want to achieve. Government can be overwhelming, par- minimum, we need to provide employ- I ask unanimous consent that the ticularly to small businesses. We need ers some tools and encouragement to text of the bills be printed in the to make sure that the adversarial play- control the safety-related behavior of RECORD. ing field is a level one, and that the le- others. We cannot mandate that em- There being no objection, the bills gitimate expectations of fairness and ployers take disciplinary action were ordered to be printed in the regularity of process are adequately against their employees who violate RECORD, as follows: met. For this reason, the bills which I safety rules, but we can encourage S. 2065 have introduced today contain a num- them to enforce such rules appro- Be it enacted by the Senate and House of Rep- ber of provisions aimed at ensuring priately and consistently. We likewise resentatives of the United States of America in this result. Thus, the bill provides for cannot compel employers to institute Congress assembled, the recovery of attorney’s fees by small drug and alcohol testing programs, but SECTION 1. SHORT TITLE; REFERENCES. businesses that prevail in litigation we can remove the legal barriers to (a) SHORT TITLE.—This Act may be cited as the ‘‘Occupational Safety Partnership Act’’. against the government in an OSHA their doing so. Today’s legislation, by (b) REFERENCE.—Whenever in this Act an claim, and codifies procedural flexi- codifying the third party misconduct amendment or repeal is expressed in terms of bility and fairness in the issuance and defense, and authorizing the establish- an amendment to, or repeal of, a section or processing of disputed claims. The leg- ment of substance testing, provides ex- other provision, the reference shall be con- islation also recognizes that no one, actly the type of tools and encourage- sidered to be made to a section or other pro- least of all employees, are well served ment that are necessary. vision of the Occupational Safety and Health by lengthy delays in the resolution of It may be the employer’s workplace, Act of 1970 (29 U.S.C. 651 et seq.). but workplace safety is everybody’s SEC. 2. PURPOSE. contested claims by increasing the size Section 2(b) of the Act (29 U.S.C. 651(b)) is of the Review Commission and making job. We need laws that reflect the fact amended— additional changes designed to insure that a safer workplace is everybody’s (1) in paragraph (13), by striking the period the issuance of more timely decisions. responsibility. For this reason today’s and inserting ‘‘; and’’; and The legislation also returns the Review legislation also contains a provision (2) by adding at the end the following: Commission to the status of a fully that allows OSHA to issue citations ‘‘(14) by increasing the joint cooperation of independent adjudicatory body as envi- and impose limited fines on employees employers, employees, and the Secretary of sioned in the original OSHA legislation that violate rules and procedures re- Labor in the effort to ensure safe and health- ful working conditions for employees.’’. by insuring that its decisions are ac- garding the use of company-supplied SEC. 3. THIRD PARTY CONSULTATION SERVICES corded appropriate legal deference. The personal protective equipment. As PROGRAM. legislation also injects some much noted, the authority here, although (a) PROGRAM.—The Act (29 U.S.C. 651 et needed flexibility into the administra- limited, is nonetheless intended to seq.) is amended by inserting after section 8 tion and enforcement of the statute by make clear the notion that safety is the following: permitting the use of alternative, site- everybody’s responsibility. ‘‘SEC. 8A. THIRD PARTY CONSULTATION SERV- specific compliance methods, giving in- Lastly, our current law provides that ICES PROGRAM. ‘‘(a) PURPOSE.—It is the purpose of this spectors a degree of compliance discre- employers must communicate work- place hazards to their employees. This section to encourage employers to conduct tion, and encouraging the prompt cor- voluntary safety and health audits using the rection of certain non-serious viola- is an important, and appropriate goal. expertise of qualified safety and health con- tions. ‘‘Communication,’’ however, requires sultants and to proactively seek individual- In addition to these changes that are the delivery of clear, and meaningful ized solutions to workplace safety and health based upon procedural and regulatory information to the recipient. Unfortu- concerns. fairness, the legislation also contains nately, in many respects our hazard ‘‘(b) ESTABLISHMENT OF PROGRAM.— provisions designed to address the root communication efforts have become so ‘‘(1) IN GENERAL.—Not later than 18 months complicated that the complexity after the date of enactment of this section, cause of many industrial injuries, and the Secretary shall establish and implement, others aimed at bringing a much-need- stands in the way of the original no- by regulation, a program that qualifies indi- ed measure of simplicity and uni- tion that employees need plain infor- viduals to provide consultation services to formity to our workplace safety laws. mation about workplace hazards so employers to assist employers in the identi- In the first instance, for too long we that they can take adequate pre- fication and correction of safety and health have held the one-dimensional view cautions to protect themselves. This hazards in the workplaces of employers. that work conditions and employer process has become even more com- ‘‘(2) ELIGIBILITY.—The following individ- practices are the principal, if not ex- plicated by the globalization of our uals shall be eligible to be qualified under clusive, factors in workplace safety. economy, and the fact that many haz- this program as certified safety and health consultants: The reality is that unsafe individual ardous substances routinely in use in ‘‘(A) An individual who is licensed by a behavior also has an extraordinary im- our workplaces originate outside our State authority as a physician, industrial pact. For example, it is estimated that borders. These are likewise realities hygienist, professional engineer, safety engi- 47 percent of all serious workplace ac- that we must address, and that the leg- neer, safety professional, or registered nurse.

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‘‘(B) An individual who has been employed ‘‘(C) SAFETY AND HEALTH PROGRAM.—The are under control, and elements of the safety as an inspector for a State plan State or as consultation report shall contain a rec- and health program are operating effec- a Federal occupational safety and health in- ommended safety and health plan designed tively. spector for not less than a 5-year period. to reduce injuries, illness, and fatalities and ‘‘(i) NON-FIXED WORKSITES.—With respect ‘‘(C) An individual who is qualified in an to otherwise manage workplace health and to employer worksites that do not have a occupational health or safety field by an or- safety. Such safety and health program fixed location, a certificate of compliance ganization whose program has been accred- shall— shall only apply to that worksite which sat- ited by a nationally recognized private ac- ‘‘(i) be appropriate to the conditions of the isfies the criteria under this section and such creditation organization or by the Secretary. workplace involved; certificate shall not be portable to any other ‘‘(D) An individual who has not less than 10 ‘‘(ii) be in writing, and contain policies, worksite. This section shall not apply to em- years experience in workplace safety and procedures, and practices designed to recog- ployers that perform essentially the same health. nize and protect employees from occupa- work, utilizing the same equipment, at each ‘‘(E) Other individuals determined to be tional safety and health hazards, such proce- non-fixed worksite. qualified by the Secretary. dures to include provisions for the identifica- ‘‘(j) ACCESS TO RECORDS.—Any records re- ‘‘(3) GEOGRAPHICAL SCOPE OF CONSULTATION tion, evaluation, and prevention or control lating to consultation services provided by SERVICES.—A consultant qualified under this of workplace hazards; an individual qualified under this program, program may provide consultation services ‘‘(iii) be based upon the professional judg- or records, reports, or other information pre- in any State. ment of the consultant and include such ele- pared in connection with safety and health ‘‘(4) LIMITATION BASED ON EXPERTISE.—A ments as are necessary to the specific work- inspections, audits, or reviews conducted by consultant qualified under this program may site involved as determined by the consult- or for an employer and not required under only provide consultation services to an em- ant and employer; this Act, shall not be admissible in a court of ployer with respect to a worksite if the work ‘‘(iv) contain provisions for the periodic re- law or administrative proceeding or enforce- performed at that worksite coincides with view and modification of the program as cir- ment proceeding against the employer ex- the particular expertise of the individual. cumstances warrant; cept that such records may be used as evi- ‘‘(c) SAFETY AND HEALTH REGISTRY.—The ‘‘(v) be developed and implemented with dence for purposes of a disciplinary action Secretary shall develop and maintain a reg- the participation of affected employees; under subsection (d).’’. istry that includes all consultants that are ‘‘(vi) make provision for the effective safe- SEC. 4. PREVENTION OF ALCOHOL AND SUB- qualified under the program under sub- STANCE ABUSE. ty and health training of all personnel, and section (b)(1) to provide the consultation The Act (29 U.S.C. 651 et seq.) is amended the dissemination of appropriate health and services described in subsection (b) and shall by adding at the end the following: safety information to all personnel; and publish and make such registry readily ‘‘(vii) contain appropriate procedures for ‘‘SEC. 34. ALCOHOL AND SUBSTANCE ABUSE available to the general public. TESTING. the reporting of potential hazards, accidents ‘‘(d) DISCIPLINARY ACTIONS.—The Secretary ‘‘(a) PROGRAM PURPOSE.—In order to secure and near accidents may revoke the status of a consultant, or the a safe workplace, employers may establish participation of an employer in the third The Secretary may, by regulation, prescribe and carry out an alcohol and substance party consultation program, if the Secretary additional specific elements that may be re- abuse testing program in accordance with determines that the consultant or em- quired for any qualifying program. subsection (b). ployer— ‘‘(D) ACTION PLAN.—The consultation re- ‘‘(b) FEDERAL GUIDELINES.— ‘‘(1) has failed to meet the requirements of port shall also contain a written action plan ‘‘(1) REQUIREMENTS.—An alcohol and sub- the program; or that shall— stance abuse testing program described in ‘‘(2) has committed malfeasance, gross neg- ‘‘(i) outline the specific steps that must be subsection (a) shall meet the following re- ligence, collusion or fraud in connection accomplished by the employer prior to re- quirements: with any consultation services provided by ceiving a certificate of compliance; ‘‘(A) SUBSTANCE ABUSE.—A substance abuse the qualified consultant. ‘‘(ii) be established in consultation with testing program shall permit the use of on- ‘‘(e) PROGRAM REQUIREMENTS.— the employer; and site or offsite testing. ‘‘(1) GENERAL REQUIREMENTS.—The con- ‘‘(iii) address in detail— ‘‘(B) ALCOHOL.—The alcohol testing compo- sultation services described in subsection ‘‘(I) the employer’s correction of all identi- nent of the program shall take the form of (b), and provided by a consultant qualified fied safety and health conditions or practices alcohol breath analysis and shall conform to under this program shall, at a minimum, that are in violation of this Act, with appli- any guidelines developed by the Secretary of consist of the following elements: cable timeframes; and Transportation for alcohol testing of mass ‘‘(A) A comprehensive, on-site, survey and ‘‘(II) the steps necessary for the employer transit employees under the Department of audit of the participating employer’s work- to implement an effective safety and health Transportation and Related Agencies Appro- place and operations by the consultant. program, with applicable timeframes. priations Act, 1992. ‘‘(B) The preparation of a consultation re- ‘‘(3) CERTIFICATE OF COMPLIANCE.—Upon ‘‘(2) DEFINITION.—For purposes of this sec- port by the consultant. completion of the steps described in the Ac- tion the term ‘alcohol and substance abuse The Secretary may, by regulation, prescribe tion Plan the qualified consultant shall issue testing program’ means any program under additional requirements for qualifying serv- to the employer a Certificate of Compliance which test procedures are used to take and ices. in a form prescribed by the Secretary. analyze blood, breath, hair, urine, saliva, or ‘‘(2) CONSULTATION REPORT.— ‘‘(f) EXEMPTION FROM CIVIL PENALTIES FOR other body fluids or materials for the pur- ‘‘(A) IN GENERAL.—Following the consult- COMPLIANCE.— pose of detecting the presence or absence of ant’s physical survey of the employer’s ‘‘(1) IN GENERAL.—If an employer receives a alcohol or a drug or its metabolites. In the workplace and operations, the consultant certificate of compliance, the employer shall case of urine testing, the confirmation tests shall prepare and deliver to the employer a be exempt from the assessment of any civil must be performed in accordance with the written report summarizing the consultant’s penalty under section 17 for a period of 2 mandatory guidelines for Federal workplace health and safety findings and recommenda- years after the date on which the employer testing programs published by the Secretary tions. Such consultation report shall, at a receives such certificate. of Health and Human Services on April 11, minimum, contain the following elements: ‘‘(2) EXCEPTIONS.—An employer shall not 1988, at section 11979 of title 53, Code of Fed- ‘‘(i) The findings of the consultant’s health be exempt under paragraph (1)— eral Regulations (including any amendments and safety audit, and, where applicable, ap- ‘‘(A) if the employer has not made a good to such guidelines). Proper laboratory proto- propriate remedial recommendations. faith effort to remain in compliance as re- cols and procedures shall be used to assure ‘‘(ii) A recommended health and safety pro- quired under the certificate of compliance; accuracy and fairness, and, laboratories gram and an action plan as described in this or must be subject to the requirements of sub- paragraph. ‘‘(B) if there has been a fundamental part B of the mandatory guidelines, State The Secretary may, by regulation, prescribe change in the hazards of the workplace after certification, the Clinical Laboratory Im- additional required elements for qualifying the issuance of the certificate. provements Act of the College of American reports. ‘‘(g) RIGHT TO INSPECT.—Nothing in this Pathologists. ‘‘(B) AUDIT AND RECOMMENDATIONS.—The section shall be construed to affect the ‘‘(c) TEST REQUIREMENTS.—This section consultation report shall include an evalua- rights of the Secretary to inspect and inves- shall not be construed to prohibit an em- tion of the workplace of the participating tigate worksites covered by a certificate of ployer from requiring— employer to determine if the employer is in compliance. ‘‘(1) an applicant for employment to sub- compliance with the requirements of this ‘‘(h) RENEWAL REQUIREMENTS.—An em- mit to and pass an alcohol or substance Act, including any regulations promulgated ployer that is granted a certificate of com- abuse test before employment by the em- pursuant to this Act. The report shall iden- pliance under this section may receive a 2 ployer; or tify any practice or condition the consultant year renewal of the certificate if a qualified ‘‘(2) an employee, including managerial believes to be a violation of this Act, and consultant conducts a complete onsite safety personnel, to submit to and pass an alcohol will set out any appropriate corrective meas- and health survey to ensure that the safety or substance abuse test— ures to address such identified practice or and health program has been effectively ‘‘(A) on a for-cause basis or where the em- condition. maintained or improved, workplace hazards ployer has reasonable suspicion to believe

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13373 that such employee is using or is under the during participation in the program be ex- tion. The Secretary shall conduct not more influence of alcohol or a controlled sub- empt from inspections or investigations and than 2 visits to the workplace of the em- stance; certain paperwork requirements to be deter- ployer to determine if the employer has car- ‘‘(B) where such test is administered as mined by the Secretary of Labor, except that ried out the corrective measures. The Sec- part of a scheduled medical examination; this paragraph shall not apply to inspections retary shall issue a citation as prescribed ‘‘(C) in the case of an accident or incident, or investigations arising from employee under section 5 if, after such visits, the em- involving the actual or potential loss of complaints, fatalities, catastrophes, or sig- ployer has failed to carry out the corrective human life, bodily injury, or property dam- nificant toxic releases. measures. age; SEC. 6. EXPANDED ACCESS TO VVP FOR SMALL ‘‘(5) Not later than 90 days after the termi- ‘‘(D) during the participation of an em- BUSINESSES. nation of the program under paragraph (1), ployee in an alcohol or substance abuse The Secretary of Labor shall establish and the Secretary shall prepare and submit a re- treatment program, and for a reasonable pe- implement, by regulation, a program to in- port to the appropriate committees of Con- riod of time (not to exceed 5 years) after the crease participation by small businesses (as gress that contains an evaluation of the im- conclusion of such program; or the term is defined by the Administrator of plementation of the pilot program.’’. ‘‘(E) on a random selection basis in work the Small Business Administration) in the SEC. 8. CONTINUING EDUCATION AND PROFES- units, locations, or facilities. voluntary protection program through out- SIONAL CERTIFICATION FOR CER- ‘‘(d) CONSTRUCTION.—Nothing in this sec- reach and assistance initiatives and the de- TAIN OCCUPATIONAL SAFETY AND tion shall be construed to require an em- velopment of program requirements that ad- HEALTH ADMINISTRATION PER- ployer to establish an alcohol and substance dress the needs of small businesses. SONNEL. abuse testing program for applicants or em- SEC. 7. TECHNICAL ASSISTANCE PROGRAM. Section 8 of the Act (29 U.S.C. 657) is ployees or make employment decisions based amended by adding at the end the following: (a) IN GENERAL.—Section 21(c) of the Act on such test results. ‘‘(i) Any Federal employee responsible for ‘‘(e) PREEMPTION.—The provisions of this (29 U.S.C. 670(c)) is amended— (1) by striking ‘‘(c) The’’ and inserting enforcing this Act shall, not later than 2 section shall preempt any provision of State years after the date of enactment of this sub- law to the extent that such State law is in- ‘‘(c)(1) The’’; (2) by striking ‘‘(1) provide’’ and inserting section or 2 years after the initial employ- consistent with this section. ment of the employee involved, meet the eli- ‘‘(f) INVESTIGATIONS.—The Secretary is au- ‘‘(A) provide’’; gibility requirements prescribed under sub- thorized to conduct testing of employees (in- (3) by striking ‘‘(2) consult’’ and inserting section (b)(2) of section 8A. cluding managerial personnel) of an em- ‘‘(B) consult’’; and ployer for use of alcohol or controlled sub- (4) by adding at the end the following: ‘‘(j) The Secretary shall ensure that any stances during any investigations of a work- ‘‘(2)(A) The Secretary shall, through the Federal employee responsible for enforcing related fatality or serious injury. Such test- authority granted under section 7(c) and this Act who carries out inspections or in- ing shall be done as soon as practicable after paragraph (1), enter into cooperative agree- vestigations under this section, receive pro- the incident giving rise to such work-related ments with States for the provision of con- fessional education and training at least fatality or serious injury.’’. sultation services by such States to employ- every 5 years as prescribed by the Sec- SEC. 5. VOLUNTARY PROTECTION PROGRAMS. ers concerning the provision of safe and retary.’’. (a) COOPERATIVE AGREEMENTS.—The Sec- healthful working conditions. SEC. 9. OSHA AND INDUSTRY TRAINING EX- retary of Labor shall establish cooperative ‘‘(B)(i) As provided in clause (ii), the Sec- CHANGE DEMONSTRATION PRO- agreements with employers to encourage the retary shall reimburse a State that enters GRAM. establishment of comprehensive safety and into a cooperative agreement under subpara- (a) IN GENERAL.—The Secretary of Labor, health management systems that include— graph (A) in an amount that equals 90 per- acting through the Occupational Safety and (1) requirements for systematic assessment cent of the costs incurred by the State for Health Administration, is authorized to de- of hazards; the provision of consultation services under velop and implement at least one training (2) comprehensive hazard prevention, miti- such agreement. and educational exchange program with a gation, and control programs; ‘‘(ii) A State shall be reimbursed by the specialty trade in the construction industry (3) active and meaningful management and Secretary for 90 percent of the costs incurred for the purpose of— employee participation in the voluntary pro- by the State for the provision of— (1) facilitating the exchange of expertise gram described in subsection (b); and ‘‘(I) training approved by the Secretary for and ideas related to the interpretation, ap- (4) employee safety and health training. State personnel operating under a coopera- plication, and implementation of Federal oc- (b) VOLUNTARY PROTECTION PROGRAM.— tive agreement; and cupational safety and health standards and (1) IN GENERAL.—The Secretary of Labor ‘‘(II) specified out-of-State travel expenses regulations applicable to the specialty trade shall establish and carry out a voluntary incurred by such personnel. involved (referred to in this section as protection program (consistent with sub- ‘‘(iii) A reimbursement paid to a State ‘‘OSHA Rules’’); section (a)) to encourage excellence and rec- under this subparagraph shall be limited to (2) improving collaboration and coordina- ognize the achievement of excellence in both costs incurred by such State for the provi- tion between the Occupational Safety and the technical and managerial protection of sion of consultation services under this para- Health Administration and such specialty employees from occupational hazards. graph and the costs described in clause (ii).’’. trade regarding OSHA Rules; (2) PROGRAM REQUIREMENT.—The voluntary (b) PILOT PROGRAM.—Section 21 of the Act (3) identifying OSHA Rules which the spe- protection program shall include the fol- (29 U.S.C. 670) is amended by adding at the cialty trade and Occupational Safety and lowing: end the following: Health Administration compliance officers (A) APPLICATION.—Employers who volun- ‘‘(e)(1) Not later than 90 days after the date have repeatedly found to be difficult to in- teer under the program shall be required to of enactment of this subsection, the Sec- terpret, apply, or implement; submit an application to the Secretary of retary shall establish and carry out a pilot (4) allowing qualified safety directors from Labor demonstrating that the worksite with program in 3 States to provide expedited the specialty trade to train such compliance respect to which the application is made consultation services, with respect to the officers and others within the Administra- meets such requirements as the Secretary of provision of safe and healthful working con- tion responsible for writing and interpreting Labor may require for participation in the ditions, to employers that are small busi- OSHA Rules, both on the jobsite and off, on program. nesses (as the term is defined by the Admin- the unique nature of the specialty trade and (B) ONSITE EVALUATIONS.—There shall be istrator of the Small Business Administra- the difficulties contractors and safety direc- onsite evaluations by representatives of the tion). The Secretary shall carry out the pro- tors encounter when attempting to comply Secretary of Labor to ensure a high level of gram for a period not to exceed 2 years. with OSHA Rules as well as the best prac- protection of employees. The onsite visits ‘‘(2) The Secretary shall provide consulta- tices within the specialty trade; shall not result in enforcement of citations tion services under paragraph (1) not later (5) seeking the means to ensure greater under the Occupational Safety and Health than 4 weeks after the date on which the compliance with the identified OSHA Rules, Act of 1970 (29 U.S.C. 651 et seq.). Secretary receives a request from an em- and reducing the number of citations based (C) INFORMATION.—Employers who are ap- ployer. on any misunderstanding by such compli- proved by the Secretary of Labor for partici- ‘‘(3) The Secretary may impose a nominal ance officers as to the scope and application pation in the program shall assure the Sec- fee to an employer requesting consultation of an OSHA Rule or the unique nature of the retary of Labor that information about the services under paragraph (1). The fee shall be workplace construction; and safety and health program shall be made in an amount determined by the Secretary. (6) establishing within the Occupational readily available to the Secretary of Labor Employers paying a fee shall receive priority Safety and Health Administration Training to share with employees. consultation services by the Secretary. Institute a trade-specific curriculum to be (D) REEVALUATIONS.—Periodic reevalua- ‘‘(4) In lieu of issuing a citation under sec- taught jointly by qualified trade safety di- tions by the Secretary of Labor of the em- tion 9 to an employer for a violation found rectors and compliance officers. ployers shall be required for continued par- by the Secretary during a consultation under (b) INITIAL PROGRAM.—The initial training ticipation in the program. paragraph (1), the Secretary shall permit the and educational exchange program shall be (3) EXEMPTIONS.—A site with respect to employer to carry out corrective measures established under subsection (a) with the which a program has been approved shall, to correct the conditions causing the viola- masonry construction industry.

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(c) REPORTS.—Upon the expiration of the 2- SEC. 4. EXPANDED INSPECTION METHODS. ‘‘(a) ADMINISTRATIVE PROCEEDINGS.—An year program under subsection (a), the Ad- (a) PURPOSE.—It is the purpose of this sec- employer who— ministrator of the Occupational Safety and tion to empower the Secretary of Labor to ‘‘(1) is the prevailing party in any adver- Health Administration, jointly with spe- achieve increased employer compliance by sary adjudication instituted under this Act, cialty trades that participate in programs using, at the Secretary’s discretion, more ef- and under such subsection, shall prepare and sub- ficient and effective means for conducting ‘‘(2) had not more than 100 employees and mit to the Committee on Health, Education, inspections. a net worth of not more than $7,000,000 at the Labor, and Pensions of the Senate and the (b) GENERAL.—Section 8(f) of the Act (29 time the adversary adjudication was initi- Committee on Education and Workforce of U.S.C. 657(f) is amended— ated, the House of Representatives a report on the (1) by adding at the end the following: shall be awarded fees and other expenses as activities and results of the training and ‘‘(3) The Secretary or an authorized rep- a prevailing party under section 504 of title educational exchange program. resentative of the Secretary may, as a meth- 5, United States Code, in accordance with (d) DEFINITION.—In this section, the term od of investigating an alleged violation or the provisions of that section, but without ‘‘qualified safety director’’ means an indi- danger under this subsection, attempt, if fea- regard to whether the position of the Sec- vidual who has, at a minimum, taken the 10- sible, to contact an employer by telephone, retary was substantially justified or special hour Occupational Safety and Health Admin- facsimile, or other appropriate methods to circumstances make an award unjust. For istration course and been employed a min- determine whether— purposes of this section the term ‘adversary imum of 5 years as a safety director in the ‘‘(A) the employer has taken corrective ac- adjudication’ has the meaning given that construction industry. tions with respect to the alleged violation or term in section 504(b)(1)(C) of title 5, United (e) AUTHORIZATION OF APPROPRIATIONS.— danger; or States Code. There are authorized to be appropriated, ‘‘(B) there are reasonable grounds to be- ‘‘(b) PROCEEDINGS.—An employer who— such sums as may be necessary to carry out lieve that a hazard exists. ‘‘(1) is the prevailing party in any pro- this section. ‘‘(4) The Secretary is not required to con- ceeding for judicial review of any action in- (f) TERMINATION.—The programs estab- duct an inspection under this subsection if lished under subsection (a) shall terminate stituted under this Act, and the Secretary believes that a request for an ‘‘(2) had not more than 100 employees and on the date that is 2 years after the date on inspection was made for reasons other than which the first program is so established. a net worth of not more than $7,000,000 at the the safety and health of the employees of an time the action addressed under subsection S. 2066 employer or that the employees of an em- (1) was filed, Be it enacted by the Senate and House of Rep- ployer are not at risk.’’. shall be awarded fees and other expenses as resentatives of the United States of America in SEC. 5. OCCUPATIONAL SAFETY AND HEALTH RE- a prevailing party under section 2412(d) of Congress assembled, VIEW COMMISSION. title 28, United States Code, in accordance (a) INCREASE IN NUMBER OF MEMBERS AND SECTION 1. SHORT TITLE; REFERENCES. with the provisions of that section, but with- REQUIREMENT FOR MEMBERSHIP.—Section 12 (a) SHORT TITLE.—This Act may be cited as out regard to whether the position of the of the Act (29 U.S.C. 661) is amended— the ‘‘Occupational Safety Fairness Act’’. United States was substantially justified or (b) REFERENCE.—Whenever in this Act an (1) in the second sentence of subsection special circumstances make an award unjust. amendment or repeal is expressed in terms of (a)— Any appeal of a determination of fees pursu- an amendment to, or repeal of, a section or (A) by striking ‘‘three members’’ and in- ant to subsection (a) of this subsection shall other provision, the reference shall be con- serting ‘‘five members’’; and be determined without regard to whether the sidered to be made to a section or other pro- (B) by inserting ‘‘legal’’ before ‘‘training’’; position of the United States was substan- vision of the Occupational Safety and Health (2) in the first sentence of subsection (b), tially justified or special circumstances Act of 1970 (29 U.S.C. 651 et seq.). by striking ‘‘except that’’ and all that fol- make an award unjust. SEC. 2. WORKSITE-SPECIFIC COMPLIANCE METH- lows through the period and inserting the ‘‘(c) APPLICABILITY.— ODS. following: ‘‘except that the President may ‘‘(1) COMMISSION PROCEEDINGS.—Subsection Section 9 of the Act (29 U.S.C. 658) is extend the term of a member for no more (a) shall apply to proceedings commenced on amended by adding at the end the following: than 365 consecutive days to allow a continu- or after the date of enactment of this sec- ‘‘(d) A citation issued under subsection (a) ation in service at the pleasure of the Presi- tion. to an employer who violates section 5, any dent after the expiration of the term of that ‘‘(2) COURT PROCEEDINGS.—Subsection (b) standard, rule, or order promulgated pursu- member until a successor nominated by the shall apply to proceedings for judicial review ant to section 6, or any regulation promul- President has been confirmed to serve. Any commenced on or after the date of enact- gated under this Act shall be vacated if such vacancy caused by the death, resignation, or ment of this section.’’. employer demonstrates that the employees removal of a member before the expiration of of such employer were protected by alter- a term for which a member was appointed SEC. 7. JUDICIAL DEFERENCE. native methods that are substantially equiv- shall be filled only for the remainder of such Section 11(a) of the Act (29 U.S.C. 660(a)) is alent or more protective of the safety and term.’’; and amended in the sixth sentence by inserting health of the employees than the methods (3) by striking subsection (f), and inserting before the period the following: ‘‘, and the required by such standard, rule, order, or the following: conclusions of the Commission with respect regulation in the factual circumstances un- ‘‘(f) For purposes of carrying out its func- to questions of law that are subject to agen- derlying the citation. tions under this Act, two members of the cy deference under governing court prece- ‘‘(e) Subsection (d) shall not be construed Commission shall constitute a quorum and dent shall be given deference if reasonable’’. to eliminate or modify other defenses that official action can be taken only on the af- SEC. 8. CONTESTING CITATIONS UNDER THE OC- may exist to any citation.’’. firmative vote of at least a majority of the CUPATIONAL SAFETY AND HEALTH ACT OF 1970. SEC. 3. DISCRETIONARY COMPLIANCE ASSIST- members participating but in no case fewer (a) IN GENERAL.—Section 10 of the Act (29 ANCE. than two.’’. U.S.C. 659) is amended— Subsection (a) of section 9 of the Act (29 (b) NEW POSITIONS.—Of the two vacancies U.S.C. 658(a)) is amended— for membership on the Occupational Safety (1) in the second sentence of subsection (a), (1) by striking the last sentence; and Health Review Commission created by by inserting after ‘‘assessment of penalty’’ (2) by striking ‘‘If, upon’’ and inserting ‘‘(1) subsection (a)(1)(A), one shall be appointed the following: ‘‘(unless such failure results If, upon’’; and by the President for a term expiring on April from mistake, inadvertence, surprise, or ex- (3) by adding at the end the following: 27, 2009, and the other shall be appointed by cusable neglect)’’; and ‘‘(2) Nothing in this Act shall be construed the President for a term expiring on April 27, (2) in the second sentence of subsection (b), as prohibiting the Secretary or the author- 2011. by inserting after ‘‘assessment of penalty’’ ized representative of the Secretary from (c) EFFECTIVE DATE FOR LEGAL TRAINING the following: ‘‘(unless such failure results providing technical or compliance assistance REQUIREMENT.—The amendment made by from mistake, inadvertence, surprise, or ex- to an employer in correcting a violation dis- subsection (a)(1)(B), requiring a member of cusable neglect)’’. covered during an inspection or investiga- the Commission to be qualified by reason of (b) EFFECTIVE DATE.—The amendments tion under this Act without issuing a cita- a background in legal training, shall apply made by this section shall apply to a cita- tion, as prescribed in this section. beginning with the two vacancies referred to tion or proposed assessment of penalty ‘‘(3) The Secretary or the authorized rep- in subsection (b) and all subsequent appoint- issued by the Occupational Safety and resentative of the Secretary— ments to the Commission. Health Administration that is issued on or ‘‘(A) may issue a warning in lieu of a cita- after the date of the enactment of this Act. tion with respect to a violation that has no SEC. 6. AWARD OF ATTORNEYS’ FEES AND COSTS. The Act (29 U.S.C. 651 et seq.) is amended SEC. 9. RIGHT TO CORRECT VIOLATIVE CONDI- significant relationship to employee safety TION. by redesignating sections 32, 33, and 34 as or health; and Section 9 of the Act (29 U.S.C. 658), as sections 33, 34, and 35, respectively, and by ‘‘(B) may issue a warning in lieu of a cita- amended by section 2, is amended by adding inserting after section 31 the following new tion in cases in which an employer in good at the end the following: faith acts promptly to abate a violation if section: ‘‘(f) The Commission may not assess a pen- the violation is not a willful or repeated vio- ‘‘AWARD OF ATTORNEYS’ FEES AND COSTS alty under section 17(c) for a non-serious vio- lation.’’. ‘‘SEC. 32. lation that is not repeated or willful if the

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employer corrects the violative condition actions by any person that are contrary to ‘‘(2) ISSUANCE OF FINAL ORDER.—The Com- and provides the Secretary an abatement established, communicated, and enforced mission, after a hearing described in para- certification within 72 hours.’’. work rules that would have prevented the graph (1), shall issue an order, based on find- SEC. 10. WRITTEN STATEMENT TO EMPLOYER violation. This subsection shall not be con- ings of fact, affirming, modifying, or FOLLOWING INSPECTION. strued to eliminate or modify elements of vacating the Secretary’s citation or proposed Section 8 of the Act (29 U.S.C. 657) is proof currently required to support a cita- penalty, or directing other appropriate re- amended by adding at the end the following: tion.’’. lief. Such order shall become final 30 days ‘‘(i) At the closing conference after the SEC. 15. ADOPTION OF NON-GOVERNMENTAL after issuance of the order.’’. completion of an inspection, the inspector STANDARDS. S. 2067 shall— The Act (29 U.S.C. 651 et seq.) is amended ‘‘(1) inform the employer or a representa- by adding after section 4 the following: Be it enacted by the Senate and House of Rep- resentatives of the United States of America in tive of the employer of the right of such em- ‘‘SEC. 4A. ADOPTION OF NON-GOVERNMENTAL ployer to request a written statement de- STANDARDS. Congress assembled, scribed in paragraph (2); and ‘‘The Secretary shall not promulgate or SECTION 1. SHORT TITLE. ‘‘(2) provide to the employer or a rep- enforce any finding, guideline, standard, This Act may be cited as the ‘‘HazCom resentative of the employer, upon the re- limit, rule, or regulation that is subject to Simplification and Modernization Act of quest of such employer or representative, incorporation by reference, or modification, 2005’’. with a written statement that clearly and as the result of a determination reached by SEC. 2. PURPOSE. concisely provides the following informa- any organization, unless the Secretary af- It is the purpose of this Act to assist chem- tion: firmatively finds that the determination has ical manufacturers and importers in pre- ‘‘(A) The results of the inspection, includ- been made by an organization and procedure paring material safety data sheets pursuant ing each alleged hazard, if any, and each ci- that complies with the requirements of sec- to the requirements of the Hazard Commu- tation that will be issued, if any. tion 3(9). Such finding and a summary of its nication standard published at section ‘‘(B) The right of the employer to contest basis shall be published in the Federal Reg- 1910.1200 of title 29, Code of Federal Regula- a citation, a penalty assessment, an amended ister and shall be deemed a final agency ac- tions, and the Hazard Communication stand- citation, and an amended penalty assess- tion subject to review by a United States ard published at part 47 of title 30, Code of ment. District Court in accordance with section 706 Federal Regulations, and to improve the ac- ‘‘(C) An explanation of the procedure to of title 5, United States Code.’’. curacy, consistency, and comprehensibility follow in order to contest a citation and a SEC. 16. EMPLOYEE RESPONSIBILITY. of such material safety data sheets and to es- penalty assessment, including when and The Act (29 U.S.C. 651 et seq.) is amended tablish a Commission for the purpose of where to contest a citation and the required by adding after section 9 the following: studying and making recommendations re- contents of the notice of intent to contest. ‘‘SEC. 9A. EMPLOYEE RESPONSIBILITY. garding the implementation of the United ‘‘(D) The Commission’s responsibility to ‘‘(a) IN GENERAL.—Notwithstanding any Nations’ Globally Harmonized System of affirm, modify, or vacate the citation and other provision of this Act, an employee Classification and Labeling of Chemicals. proposed penalty, if any. who, with respect to employer-provided per- SEC. 3. HAZARD COMMUNICATION. ‘‘(E) The informal review process. sonal protective equipment, willfully vio- (a) IN GENERAL.— ‘‘(F) The procedures before the Occupa- lates any requirement of section 5 or any (1) MODEL MATERIAL SAFETY DATA SHEETS tional Safety and Health Review Commis- standard, rule, or order promulgated pursu- FOR HIGHLY HAZARDOUS CHEMICALS.—The Sec- sion. ant to section 6, or any regulation prescribed retary of Labor shall develop model material ‘‘(G) The right of the employer to seek ju- pursuant to this Act, may be assessed a civil safety data sheets for the list of highly haz- dicial review. penalty, as determined by the Secretary, but ‘‘(j) No monetary penalty may be assessed not to exceed $50 for each violation. ardous chemicals contained in Appendix A to with respect to any violation not identified ‘‘(b) CITATIONS.—If, upon inspection or in- the Process Safety Management of Highly in the written statement requested under vestigation, the Secretary or the authorized Hazardous Chemicals standard published at subsection (i).’’. representative of the Secretary believes that section 1910.119 of title 29, Code of Federal SEC. 11. TIME PERIODS FOR ISSUING CITATIONS. an employee of an employer has, with re- Regulations. Such model material safety Section— spect to employer-provided personal protec- data sheets shall— (1) 9(a) of the Act (29 U.S.C. 658(a)) is tive equipment, violated any requirement of (A) comply with the requirements of the amended— section 5 or any standard, rule, or order pro- Hazard Communication standard published (A) by striking ‘‘upon inspection’’ and in- mulgated pursuant to section 6, or any regu- at section 1910.100 of such title 29 and the serting ‘‘upon the initiation of inspection’’; lation prescribed pursuant to this Act, the Hazard Communication standard published (B) by striking ‘‘with reasonable prompt- Secretary shall within 30 days issue a cita- at part 47 of title 30, Code of Federal Regula- ness’’ and inserting ‘‘within thirty working tion to the employee. Each citation shall be tions; days’’; and in writing and shall describe with particu- (B) be presented in a consistent format (C) by inserting after the first sentence, larity the nature of the violation, including that enhances the reliability and comprehen- the following: ‘‘Such 30 day period may be a reference to the provision of this Act, sibility of information about chemical haz- waived by the Secretary for good cause standard, rule, regulation, or order alleged ards in the workplace and protective meas- shown, including, but not limited to, cases to have been violated. No citation may be ures; and involving death, novel issues, large or com- issued under this section after the expiration (C) be made available to the public, includ- plex worksites, or pursuant to an agreement of 6 months following the occurrence of any ing through posting on the Occupational by the parties to extend such period.’’; and violation. Safety and Health Administration’s website (2) 10(a) of the Act (29 U.S.C. 659(a)) is ‘‘(c) NOTIFICATION.— and the Mine Safety and Health Administra- amended— ‘‘(1) IN GENERAL.—The Secretary shall no- tion’s website, within 18 months after the (B) by striking ‘‘within a reasonable time’’ tify an employee— date of enactment of this Act. and inserting ‘‘within thirty days’’; and ‘‘(A) by certified mail of a citation under (2) CONSTRUCTION.—Nothing in this sub- (C) by inserting after the first sentence, subsection (b) and the proposed penalty; and section shall be construed to— the following: ‘‘Such 30 days period may be ‘‘(B) that such employee has 30 working (A) modify or amend the Hazard Commu- waived by the Secretary for good cause days within which to notify the Secretary nication standard published at section shown, including, but not limited to, cases that the employee wishes to contest the cita- 1910.1200 of title 29, Code of Federal Regula- involving death, novel issues, large or com- tion or proposed penalty. tions, the Process Safety Management of plex worksites, or pursuant to an agreement ‘‘(2) FINAL ORDER.—If an employee does not Highly Hazardous Chemicals standard pub- by the parties to extend such period.’’. file a notification described in paragraph lished at section 1910.119 of such title 29, the SEC. 12. TIME PERIODS FOR CONTESTING CITA- (1)(B) with the Secretary within 30 working Hazard Communication standard published TIONS. days, the citation and proposed penalty at part 47 of title 30, Code of Federal Regula- Section 10 of the Act (29 U.S.C. 659) is shall— tions, or any other provision of law; and amended by striking ‘‘fifteen’’ each place it ‘‘(A) be deemed a final order of the Com- (B) authorize the Secretary of Labor to in- appears and inserting ‘‘thirty’’. mission; and clude in the model material safety data SEC. 13. PENALTIES. ‘‘(B) not be subject to review by any court sheet developed under this subsection any Section 17 of the Act (29 U.S.C. 666) is or agency. suggestion or recommendation as to permis- amended by inserting the following: ‘‘(d) CONTESTING OF CITATION.— sible or appropriate workplace exposure lev- ‘‘(m) The Secretary shall not use ‘other ‘‘(1) IN GENERAL.—If an employee files a no- els for these chemicals, except as required by than serious’ citations as a basis for issuing tification described in paragraph (1)(B) with the Hazard Communication standard pub- repeat or willful citations.’’. the Secretary within 30 working days, the lished at section 1910.1200 of such title 29, and SEC. 14. UNANTICIPATED CONDUCT. Secretary shall immediately advise the Com- the Hazard Communication standard pub- Section 9 of the Act (29 U.S.C. 658) is mission of such notification, and the Com- lished at part 47 of title 30, Code of Federal amended by adding at the end the following: mission shall afford the employee an oppor- Regulations. ‘‘(d) No citation may be issued under this tunity for a hearing in accordance with sec- (3) AUTHORIZATION OF APPROPRIATIONS.— section for any violation that is the result of tion 554 of title 5, United States Code. There are authorized to be appropriated to

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13376 CONGRESSIONAL RECORD — SENATE November 18, 2005 the Department of Labor such sums as may (v) The impact of adopting the Globally to develop, implement, or evaluate strate- be necessary to carry out this subsection. Harmonized System on occupational safety gies or programs to improve chemical hazard (b) GLOBALLY HARMONIZED SYSTEM COMMIS- and health in the United States. communication in the workplace through SION.— (vi) The impact of adopting the Globally the use of technology, which may include (1) ESTABLISHMENT.—Not later than 6 Harmonized System on tort, insurance, and electronic or Internet-based hazard commu- months after the date of enactment of this workers compensation laws in the United nication systems.’’. Act, there shall be established a commission, States. (2) AUTHORIZATION OF APPROPRIATIONS.— to be known as the Global Harmonization (vii) The impact of adopting the Globally There are authorized to be appropriated such Commission (referred to in this subsection as Harmonized System on the ability to bring sums as may be necessary to carry out the the ‘‘Commission’’), to consider the imple- new products to the market in the United amendment made by paragraph (1). mentation of the United Nations Globally States. Harmonized System of Classification and La- (viii) The cost and benefits of adopting the By Ms. COLLINS (for herself, Mr. beling of Chemicals to improve chemical Globally Harmonized System to businesses, VOINOVICH, and Mr. AKAKA): hazard communication and to make rec- including small businesses, in the United S. 2068. A bill to preserve existing ommendations to Congress. States. judgeships on the Superior Court of the (2) MEMBERSHIP.—The Commission shall be (ix) How effective compliance assistance, District of Columbia; to the Committee composed of 17 members of whom— training, and outreach can be used to help (A) 1 shall be the Secretary of Labor (re- chemical manufacturers, importers, and on Homeland Security and Govern- ferred to in this Act as the ‘‘Secretary’’); users, particularly small businesses, under- mental Affairs. (B) 1 shall be the Secretary of Transpor- stand and comply with the Globally Har- Ms. COLLINS. Mr. President, today I tation; monized System. am pleased to introduce legislation (C) 1 shall be the Secretary of Health and (B) REPORT.—Not later than 18 months that would preserve existing seats on Human Services; after the date of enactment of this Act, the the District of Columbia Superior (D) 1 shall be the Administrator of the En- Commission shall submit to the appropriate Court. I am pleased to be joined in this vironmental Protection Agency; committees of Congress a report containing effort by Senators VOINOVICH and (E) 1 shall be the Chairman of the Con- a detailed statement of the findings and con- AKAKA. sumer Product Safety Commission; clusions of the Commission, together with (F) 1 shall be the Chairman of the Chem- its recommendations for such legislation as The Superior Court is the trail court ical Safety and Hazard Investigation Board the Commission considers appropriate. of general jurisdiction over local mat- (or his or her designee); (5) POWERS.— ters in the District of Columbia. The (F) 11 shall be appointed by the Secretary (A) HEARINGS.—The Commission shall hold associate judges on the court are se- of Labor, of whom— at least one public hearing, and may hold ad- lected through a two-step review proc- (i) 2 shall be representatives of manufac- ditional hearings, sit and act at such times ess. When a vacancy on the court oc- turers of hazardous chemicals, including a and places, take such testimony, and receive curs, usually because of a retiring representative of small businesses; such evidence as the Commission considers judge, the District of Columbia Judi- (ii) 2 shall be representatives of employers advisable to carry out this section. The Com- cial Nominations Commission solicits who are extensive users of hazardous chemi- mission shall, to the maximum extent pos- cals supplied by others, including a rep- sible, use existing data and research to carry applicants to fill the vacancy. The resentative of small businesses; out this section. commission narrows the possible num- (iii) 2 shall be representatives of labor or- (B) INFORMATION FROM FEDERAL AGENCIES.— ber of candidates to three and sends ganizations; The Commission may secure directly from those three names to the President. (iv) 2 shall be individuals who are qualified any Federal department or agency such in- The President then selects one of those in an occupational health or safety field by formation as the Commission considers nec- three candidates and sends the nomi- an organization whose program has been ac- essary to carry out this section. Upon re- credited by a nationally recognized private nee to the Senate for confirmation. Ex- quest by the Commission, the head of such isting law caps the total number of accreditation organization or by the Sec- department or agency shall promptly furnish retary, who have expertise in chemical haz- such information to the Commission. judges on the superior court at 59. Unfortunately, two nominees cur- ard communications; (C) POSTAL SERVICES.—The Commission (v) 1 shall be a representative of mining in- may use the United States mails in the same rently pending in the Committee on dustry employers; manner and under the same conditions as Homeland Security and Governmental (vi) 1 shall be a representative of mining other departments and agencies of the Fed- Affairs and an additional candidate ex- industry employees; and eral Government. pected to be nominated in the coming (vii) 1 shall be a safety and health profes- (6) PERSONNEL MATTERS.— months may not be able to be seated on sional with expertise in mining. (A) COMPENSATION; TRAVEL EXPENSES.— the court even if they are confirmed by (3) CHAIR AND VICE-CHAIR.—The members of Each member of the Commission shall serve the Commission shall select a chair and vice- the Senate. The three seats that these without compensation but shall be allowed candidates are intended to fill were left chair from among its members. travel expenses, including per diem in lieu of (4) DUTIES.— subsistence, at rates authorized for employ- open by retiring judges, so they are not (A) STUDY AND RECOMMENDATIONS.—The ees of agencies under subchapter I of chapter new seats on the court. Commission shall conduct a thorough study 57 of title 5, United States Code, while away The cause of this unusual problem is of, and shall develop recommendations on, from their homes or regular places of busi- the District of Columbia Family Court the following issues relating to the global ness in the performance of services for the Act, enacted during the 107th Congress. harmonization of hazardous chemical com- Commission. That act created three new seats for munication: (B) STAFF AND EQUIPMENT.—The Depart- the family court, which is a division of (i) Whether the United States should adopt ment of the Labor shall provide all financial, any or all of the elements of the United Na- the superior court, but failed to in- administrative, and staffing requirements crease the overall cap on the number of tion’s Globally Harmonized System of Clas- for the Commission including— sification and Labeling of Chemicals (re- (i) office space; judges seated on the court. As a result, ferred to in this subsection and the ‘‘Glob- (ii) furnishings; and the Family Court Act effectively elimi- ally Harmonized System’’). (iii) equipment. nated three existing seats in the other (ii) How the Globally Harmonized System (7) TERMINATION.—The Commission shall divisions of the court, including the should be implemented by the Federal agen- terminate on the date that is 90 days after criminal and civil divisions. cies with relevant jurisdiction, taking into the date on which the Commission submits As a result of this situation, the Com- consideration the role of the States acting the report required under paragraph (3)(B). under delegated authority. mittee on Homeland Security and Govern- (8) AUTHORIZATION OF APPROPRIATIONS.— mental Affairs currently has two nomina- (iii) How the Globally Harmonized System There are authorized to be appropriated to compares to existing chemical hazard com- tions pending for the superior court but no the Department of Labor, such sums as may seats left to fill. I also understand that there munication laws and regulations, including be necessary to carry out this subsection. the Hazard Communication standard pub- is yet another nomination expected in the (c) HAZARD COMMUNICATION DEMONSTRATION coming months. Since existing law sets lished at section 1910.1200 of title 29, Code of PROJECTS.— Federal Regulations and the Hazard Commu- strict requirements on both the DC Judicial (1) IN GENERAL.—Section 20(a) of the Act Nominations Commission as well as the nication standard published at part 47 of (29 U.S.C. 670(a)) is amended by adding at the title 30, Code of Federal Regulations. White House on how quickly they must proc- end the following: ess potential candidates and make a nomina- (iv) The impact of adopting the Globally ‘‘(8) Subject to the availability of appro- tion, it is unclear whether they have legal Harmonized System on the consistency, ef- priations, the Secretary, after consultation grounds to halt their processes. fectiveness, comprehensiveness, timing, ac- with others, as appropriate, shall award curacy, and comprehensibility of chemical grants to one or more qualified applicants in This is a highly unusual situation for hazard communication in the United States. order to carry out a demonstration project this body to have nominations pending

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13377 before it for which there are no open training for graduate medical edu- We have received strong support from positions. The bill I introduce today cation, GME, programs. These pro- a number of organizations who are in would rectify this problem by amend- grams often rely upon volunteer physi- the forefront of training America’s fu- ing the District of Columbia Code to cian faculty to provide educational op- ture physicians and who have con- increase the cap on the number of asso- portunities in practice settings which firmed the critical need for this legisla- ciate judges on the superior court. This are similar to those in which these tion, including the Association of is not intended to create new seats on physicians in training will ultimately American Medical Colleges, the Aca- the Court; that was already done when practice. demic Family Medicine Advocacy Alli- the DC Family Court Act was enacted. Congress clearly stated support for ance, representing the Society of Instead, this would preserve existing this concept as part of the Balanced Teachers of Family Medicine, the Asso- seats on the court and remedy a prob- Budget Act of 1997, when they reformed ciation of Departments of Family Med- lem that is affecting not only the court the GME funding formulas to allow icine, the Association of Family Medi- but the Senate as well. funding for residents training in non- cine Residency Directors, and the I believe that it is also important to hospital settings. However, recent rule- North American Primary Care Re- not only remedy the immediate prob- making, agency interpretations, and search Group, and the American Osteo- lem before the Senate but also to en- guidance issued by the Centers for pathic Association. sure that all of the divisions of the su- Medicare and Medicaid Services, CMS, I ask unanimous consent that the perior court are fully staffed. This is are creating a chilling effect on these text of the bill and the letters of sup- training programs. Teaching programs more than just a procedural issue. It is port from these organizations printed across the Nation are facing audits and also important for the citizens of the in the RECORD. District of Columbia to know that all scrutiny as a result of confusing and There being no objection, the mate- of the divisions, including criminal and unclear CMS policies and guidance on rial was ordered to be printed in the this issue. This has happened in my civil, are operating at full capacity. RECORD, as follows: State, as well as many others, and is Eliminating existing seats in the S. 2071 criminal and civil divisions will not posing a serious threat to our future physician workforce and to teaching Be it enacted by the Senate and House of Rep- improve the administration of justice resentatives of the United States of America in hospitals and medical schools which in the District, but can only result an Congress assembled, offer these programs. increased judicial caseload and delays SECTION 1. SHORT TITLE. If these agency policies are not halt- at the courthouse. This Act may be cited as the ‘‘Community ed and reversed, teaching hospitals The legislation I introduce today is and Rural Medical Residency Preservation throughout the country will be forced similar to legislation that was favor- Act of 2005’’. to train all residents in the hospital SEC. 2. CLARIFICATION OF CONGRESSIONAL IN- ably reported by the Committee on setting or potentially eliminate their Governmental Affairs and subsequently TENT REGARDING THE COUNTING residency programs. Not only does this OF RESIDENTS IN A NONHOSPITAL passed by the Senate by unanimous do a disservice to medical residents SETTING. consent during the 108th Congress. I who are able to obtain practical experi- (a) D–GME.—Section 1886(h)(4)(E) (42 hope that my colleagues will join me in ence and be exposed to settings where U.S.C. 1395ww(h)(4)(E)) is amended by adding supporting this important legislation. at the end the following new sentences: ‘‘For they may ultimately practice, but purposes of the preceding sentence, the term these programs provide individuals liv- By Ms. SNOWE (for herself, Mr. ‘all, or substantially all, of the costs for the ing in medically underserved and rural BINGAMAN, Ms. COLLINS, Mr. training program’ means the stipends and areas with access to health care which benefits provided to the resident and other DORGAN, and Mr. ROCKE- might otherwise not be available. amounts, if any, as determined by the hos- FELLER): Training medical residents outside pital and the entity operating the nonhos- S. 2071. A bill to amend title XVIII of the hospital setting is sound edu- pital setting. The hospital is not required to the Social Security Act to clarify con- cational policy and a worthwhile public pay the entity any amounts other than those gressional intent regarding the count- policy goal that Congress clearly man- determined by the hospital and the entity in ing of residents in the nonhospital set- dated in 1997. In an effort to preserve order for the hospital to be considered to have incurred all, or substantially all, of the ting under the medicare program; to the utilization of nonhospital training the Committee on Finance. costs for the training program in that set- sites, I am therefore introducing legis- ting.’’. Ms. SNOWE. Mr. President, I rise lation today which would clarify the today to introduce the Community and (b) IME.—Section 1886(d)(5)(B)(iv) (42 meaning of the term ‘‘all, or substan- U.S.C. 1395ww(d)(5)(B)(iv)) is amended by Rural Medical Residency Preservation tially all, of the costs for the training adding at the end the following new sen- Act of 2005, which will serve to ensure program,’’ a phrase which has been tences: ‘‘For purposes of the preceding sen- the continued viability of medical resi- subject to differing, and confusing, in- tence, the term ‘all, or substantially all, of dency training programs in our local terpretations by CMS. the costs for the training program’ means communities. I am particularly pleased My legislation would clarify that, for the stipends and benefits provided to the resident and other amounts, if any, as deter- to introduce this bill with several of teaching hospitals and entities oper- my colleagues, Senators BINGAMAN, mined by the hospital and the entity oper- ating training programs outside the ating the nonhospital setting. The hospital COLLINS, DORGAN, and ROCKEFELLER, hospital setting, the teaching hospital is not required to pay the entity any who share my concerns about the need shall not be required to pay the entity amounts other than those determined by the to clarify congressional intent so that operating the nonhospital setting any hospital and the entity in order for the hos- teaching hospitals will be able to offer amounts other than those determined pital to be considered to have incurred all, or these essential residency training pro- by the hospital and the entity for the substantially all, of the costs for the train- grams in the community and so that hospital to be considered to have in- ing program in that setting.’’. medical residents, as well as many who curred all, or substantially all, of the (c) EFFECTIVE DATE.—The amendments live in these communities, will be able made by this section shall take effect on costs for the training program. Medical January 1, 2005. to continue to benefit from these pro- associations, teaching hospitals, and grams. academic medicine all strongly support AMERICAN OSTEOPATHIC Many medical residency training pro- this legislation. ASSOCIATION, grams have traditionally operated in This language will also make clear DEPARTMENT OF GOVERNMENT sites located outside the hospital set- that hospitals shall not be required to RELATIONS, ting for their educational programs. pay an entity operating a nonhospital Washington, DC, November 2, 2005. These nonhospital settings are, in fact, setting for any actual or imputed costs Hon. OLYMPIA J. SNOWE, where most of this type of physician of time voluntarily spent supervising Russell Senate Office Building, training occurs. The community and interns or residents as a condition for Washington, DC. DEAR SENATOR SNOWE: As President of the rural sites which operate these pro- computing residents for purposes of re- American Osteopathic Association (AOA), I grams include physician offices, nurs- ceiving either direct graduate medical write to express our strong support for the ing homes, and community health cen- education payments or indirect med- ‘‘Community and Rural Medical Residency ters—cornerstones of ambulatory ical education payments. Preservation Act of 2005.’’ On behalf of the

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13378 CONGRESSIONAL RECORD — SENATE November 18, 2005 56,000 osteopathic physicians represented by hospital setting, rather than a complicated in this area. We look forward to your moving the AOA, thank you for your tireless efforts formula requiring unreasonable administra- this legislation forward. to protect and promote quality graduate tive burdens on both the teaching programs Sincerely, medical education. and nonhospital training settings. WILLIAM K. MYGDAL, EDD, A majority of osteopathic residency pro- We appreciate your continued interest in President, Society of grams, in all specialties, use non-hospital this issue and your efforts to ensure the via- Teachers of Family settings in their educational programs. bility of community and rural residency Medicine. These non-hospital sites, which consist of training. The AAMC looks forward to con- PENNY TENZER, MD, physician offices, nursing homes, community tinuing to work with you and your staff to President, Association health centers, and other ambulatory set- advance this important legislation. of Family Practice tings, provide resident physicians with valu- Sincerely, Residency Directors. able educational experiences in settings JORDAN COHEN, M.D. WARREN NEWTON, MD, similar to those in which they ultimately President, Association will practice. This concept is a cornerstone ACADEMIC FAMILY MEDICINE ADVOCACY of Departments of of osteopathic graduate medical education. ALLIANCE, Family Medicine. The training of residents in non-hospital November 11, 2005. PERRY DICKINSON, MD, settings is sound educational policy and a Hon. OLYMPIA J. SNOWE, President, North worthwhile public policy goal that Congress Russell Senate Office Building, American Primary clearly mandated in 1997. It continues to Washington, DC. Care Research enjoy strong Congressional support. Con- DEAR SENATOR SNOWE: On behalf of the un- Group. gress endorsed this concept as part of the dersigned academic family medicine organi- Balanced Budget Act of 1997, when the grad- zations I would like to commend you for in- uate medical education, GME, funding for- troducing the ‘‘Community and Rural Med- By Mr. REID: mulas were reformed to allow funding for ical Residency Preservation Act of 2005’’, leg- S. 2072. A bill to provide for the con- residents training in non-hospital settings islation intended to solve a longstanding with volunteer faculty. veyance of certain public lands in and problem in Medicare regulations that deals around historic mining townsites in However, recent rule-making, agency in- with volunteer teachers of residents in non- terpretations, and guidance issued by the hospital settings. Nevada, and for other purposes; to the Centers for Medicare and Medicaid Services, We have appreciated your support through Committee on Energy and Natural Re- CMS, create a chilling effect on residency the years on this issue, and value your con- sources. training programs. If CMS policy is not halt- tinued efforts to find a solution to the prob- Mr. REID. Mr. President, I rise today ed, hospitals will be forced to train all resi- lem. As you know, the Balanced Budget Act, dents in the hospital setting or potentially BBA, included a change in statute that al- to introduce the Nevada Mining Town- eliminate programs. Teaching programs lowed forthe counting of training time in site Conveyance Act, which addresses across the nation face audits and scrutiny as non-hospital settings to be included in Medi- an important public land issue in rural a result of confusing and unclear CMS policy care cost reports forboth IME and DME FTE Nevada. As you may know, the Federal on this issue. counts. As part of that change, the statute, Your legislation establishes, in statute, Government controls more than 87 per- stated that a hospital must incur ‘‘all pr sub- cent of the land in Nevada. That is clear and concise guidance on the use of am- stantially all’’ the costs ofthe training in bulatory sites in teaching programs. If en- that setting. In the implementing regula- more than 61 million acres of land. acted, it will preserve the quality education tions CMS (then HCFA) added the faculty This fact makes it necessary for our of resident physicians originally envisioned costs to the already included residents’ sal- State and our communities to pursue by Congress in 1997. The AOA and our mem- ary and benefits, and required a written Federal remedies for problems that in bers stand ready to use all available re- agreement between the hospital and the non other States can be handled in a much sources to ensure enactment of this impor- hospital site. more expeditious manner. tant legislation. This change in regulation, and the inter- Sincerely, pretations of it that CMS has used during The residents of Ione and Gold Point PHILIP SHETTLE, D.O., audits have caused many hospitals to lose in Nevada have asked for our help in President. the ability to count residents that train in settling longstanding trespass issues non-hospital settings, and required them to that affect these historic mining com- ASSOCIATION OF AMERICAN MEDICAL refund large sums of IMEand DME money to munities. These communities have COLLEGES, CMS. Washington, DC, November 18, 2005. Congress made the change in statute. to been continuously occupied for over 100 Hon. OLYMPIA SNOWE, encourage training in rural and underserved years. Many residents live on land that Russell Senate Office Building, settings. Unfortunately. CMS’s, actions have their families have ostensibly owned Washington, DC. had just the opposite effect. It has had a for several decades. These citizens have DEAR SENATOR SNOWE: On behalf of the As- dampening effect on training in the non-hos- paid their property taxes and made im- sociation of the American Medical Colleges, pital setting—including rural rotations. It provements to their properties, reha- AAMC, I write to endorse the ‘‘Community has resulted in much training being brought bilitated historic structures and built and Rural Medical Residency Preservation back into the hospital, ironically both at a Act of 2005.’’ The AAMC represents 125 ac- time when accrediting bodies are requiring new ones. credited U.S. medical schools; approximately more training outside the hospital, and con- The documents by which many of 400 major teaching hospitals and health sys- trary to the wishes of Congress. these people claim possession of the tems, 94 academic and professional societies, As you are well aware, several of the Fam- properties date back many years. In ily Medicine residency programs in Maine representing 109,000 faculty members; and fact, some of the deeds are historic doc- the nation’s 67,000 medical students and are at risk of closing due to the financial im- 104,000 residents. plications of CMS’s interpretations. We are uments themselves. Yet because many Your bill would ensure that CMS regula- also aware of similar situations throughout of these documents do not satisfy mod- tions and guidance no longer impede the the United States. For example, if the cur- ern requirements for demonstrating ability of teaching programs to train resi- rent situation continues, we have heard that land title, they have been deemed in- dent physicians in ambulatory and rural set- in Iowa, four of the eight Family Medicine valid. In other words, the Bureau of tings. As you know, ambulatory training is a training programs are at risk of closing in Land Management has determined that vital aspect of every resident’s training and the next couple of years. In Oregon, several is designed to expose residents to a variety residencies are at risk of losing many FTE’s, some of the residents of Ione and Gold of rural, suburban and urban settings in including Internal Medicine, Surgery, OB- Point are trespassing on Federal land. which they ultimately choose to practice Gyn, and Emergency Medicine. In Montana, This unfortunate situation puts the such as physicians offices, nursing homes, the only Family Medicine residency program BLM at odds with the local residents and community health centers. Such train- in the state is in danger of losing funding oJ and county governments and is ham- ing is coordinated by program directors at all it’s outside rotations due to CMS’s unrea- pering efforts to improve basic commu- teaching hospitals in conjunction with com- sonable requirements related to non-hospital nity services such as fire protection, munity physicians—many of whom volunteer rotations. Across the country, residency pro- their time as a professional commitment to grams are at risk. CMS has had several years and water supply and treatment facili- train the next generation of physicians. to solve the problem. The report of the Office ties. Specifically, your bill clarifies that super- of Inspector General (OIG) that was required Nye County, Esmeralda County, and vising physicians in non-hospital settings by Congress in the MMA has given CMS sev- the BLM have worked together for would be allowed to volunteer their teaching eral options, and yet nothing has been done. time. It also ensures that any teaching costs We appreciate your efforts to put an end to nearly a decade to solve this problem. associated with supervising physicians who this war of attrition. Please count on us to All of these parties support the legisla- are not volunteers would be based on nego- support your efforts at resolving this situa- tion that we offer today as a solution tiations between the hospital and the non- tion legislatively. Thank you for your help to these land ownerships conflicts, and

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13379 as a means of promoting responsible re- ministrative efficiency and effectiveness, (1) section 2320 of the Revised Statutes (30 source management. All of the land in- and the Bureau of Land Management has al- U.S.C. 21 et seq.); cluded in this bill has been identified ready identified certain parcels of the real (2) the Federal Land Policy and Manage- by the BLM for disposal. property for disposal. ment Act of 1976 (43 U.S.C. 1701 et seq.); or This legislation represents the first (5) Some of the real property contains his- (3) subtitle B of title X of the Omnibus toric and cultural values that must be pro- Budget Reconciliation Act of 1993 (30 U.S.C. of a two-part solution. Under this bill, tected. 28(f)–(k)), including regulations promulgated specified lands within the historic min- (6) To promote responsible resource man- under section 3833.1 of title 43, Code of Fed- ing townsites of Ione and Gold Point agement of the real property, certain parcels eral Regulations or any successor regulation. would be conveyed to the respective should be conveyed to the county in which (g) SURVEY.—A mining townsite to be con- counties. Under the provisions of a the property is situated in accordance with veyed by the United States under this sec- State law passed several years ago in land use management plans of the Bureau of tion shall be sufficiently surveyed to legally Nevada, the counties will then re- Land Management so that the county can, describe the land for patent conveyance. among other things, dispose of the property (h) RELEASE.—On completion of the con- convey the land to these people or enti- veyance of a mining townsite under sub- ties who can demonstrate ownership or to persons residing on or otherwise occu- pying the property. section (c), the United States shall be re- longstanding occupancy of specific (b) MINING TOWNSITE DEFINED.—In this sec- lieved from liability for, and shall be held land parcels. tion, the term ‘‘mining townsite’’ means real harmless from, any and all claims arising My bill conveys, for no consideration, property in the counties of Esmeralda and from the presence of improvements and ma- approximately 760 acres in the commu- Nye, Nevada, that is owned by the Federal terials on the conveyed property. nities of Ione and Gold Point from the Government, but upon which improvements (i) AUTHORIZATION OF APPROPRIATIONS.— BLM to Nye and Esmeralda Counties. were constructed because of a mining oper- There is authorized to be appropriated to the As a condition of the conveyance, all ation on or near the property and based upon Secretary of the Interior such amounts as may be necessary to carry out the convey- historic and cultural resources con- the belief that— (1) the property had been or would be ac- ances required by this section, including tained in the townsites shall be pre- quired from the Federal Government by the funds to cover the costs of cadastral and served and protected under applicable entity that operated the mine; or mineral surveys, mineral potential reports, Federal and State law. It should also (2) the person who made the improvement hazardous materials, biological, cultural and be noted that approximately 145 acres had a valid claim for acquiring the property archaeological clearances, validity examina- of the total land conveyed to Nye from the Federal Government. tions and other expenses incidental to the County will stay in county hands in (c) CONVEYANCE AUTHORITY.— conveyances. order to simplify management of a (1) IN GENERAL.—Notwithstanding sections By Mrs. CLlNTON: cemetery, a landfill and an airstrip. 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), S. 2073. A bill to amend the Internal These conveyances will benefit the the Secretary of the Interior, acting through Revenue Code of 1986 to provide a tax agencies that manage Nevada’s vast the Bureau of Land Management, shall con- credit for property owners who remove Federal lands as well as the proud citi- vey, without consideration, all right, title, lead-based paint hazards; to the Com- zens of our rural communities. and interest of the United States in and to mittee on Finance. I sincerely hope that my colleagues mining townsites (including improvements Mrs. CLINTON. Mr. President, I rise thereon) identified for conveyance on the will support this legislation. It is a today to discuss a serious, persistent, practical solution that deserves swift maps entitled ‘‘Original Mining Townsite, Ione, Nevada’’ and ‘‘Original Mining Town- and entirely preventable threat to the passage. We salute the Bureau of Land health and well-being of our children. Management, the counties, and the site, Gold Point, Nevada’’ and dated October 17, 2005. Lead is highly toxic and continues to local residents for their cooperation (2) AVAILABILITY OF MAPS.—The maps re- be a major environmental health prob- and hard work in crafting a reasonable ferred to in paragraph (1) shall be on file and lem in the United States, especially for solution to this problem. available for public inspection in the appro- infants, children, and pregnant women. I ask unanimous consent that the priate offices of the Secretary of the Inte- A CDC survey conducted between 1999– text of the bill be printed in the rior, including the office of the Bureau of 2002, estimated that 310,000 American ECORD. Land Management located in the State of R children under 6 were at risk for expo- There being no objection, the bill was Nevada. sure to harmful lead levels in United ordered to be printed in the RECORD, as (d) RECIPIENTS.— RIGINAL RECIPIENT States. Childhood lead poisoning has follows: (1) O .—Subject to para- graph (2), the conveyance of a mining town- been linked to impaired growth and S. 2072 site under subsection (c) shall be made to the function of vital organs and problems Be it enacted by the Senate and House of Rep- county in which the mining townsite is situ- resentatives of the United States of America in with intellectual and behavioral devel- ated. opment. A study from the New England Congress assembled, (2) RECONVEYANCE TO OCCUPANTS.—In the SECTION 1. SHORT TITLE. case of a mining townsite conveyed under Journal of Medicine also found that This Act may be cited as the ‘‘Nevada Min- subsection (c) for which a valid interest is children suffered up to a 7.4-percent de- ing Townsite Conveyance Act’’. proven by one or more persons, under the crease in IQ at lead levels that CDC SEC. 2. DISPOSAL OF PUBLIC LANDS IN MINING provisions of Nevada Revised Statutes Chap- considers safe. At very high levels, lead TOWNSITES, ESMERALDA AND NYE ter 244, the county that received the mining poisoning can cause seizures, coma, COUNTIES, NEVADA. townsite under paragraph (1) shall reconvey and even death. (a) FINDINGS.—Congress finds the fol- the property to that person or persons by ap- The most common source of lead ex- lowing: propriate deed or other legal conveyance as (1) The Federal Government owns real posure for children today is lead paint provided in that State law. The county is not in older housing and the contaminated property in and around historic mining required to recognize a claim under this townsites in the counties of Esmeralda and paragraph submitted more than 10 years lead dust it generates. Despite a ban on Nye in the State of Nevada. after the date of the enactment of this Act. lead paint in 1978, there are still over 24 (2) While the real property is under the ju- (e) PROTECTION OF HISTORIC AND CULTURAL million housing units in the United risdiction of the Secretary of the Interior, RESOURCES.—As a condition on the convey- States that have lead paint hazards, acting through the Bureau of Land Manage- ance or reconveyance of a mining townsite with about 1.2 million in New York ment, some of the real property land has under subsection (c), all historic and cultural been occupied for decades by persons who State alone. According to 2000 census resources (including improvements) on the data, New York State has over 37 per- took possession by purchase or other docu- mining townsite shall be preserved and pro- mented and putatively legal transactions, tected in accordance with applicable Federal cent of homes that were built prior to but whose continued occupation of the real and State law. 1950 and more pre-1950 housing units property constitutes a ‘‘trespass’’ upon the (f) VALID EXISTING RIGHTS.—The convey- available for occupancy than any other title held by the Federal Government. ance of a mining townsite under this section State. (3) As a result of the confused and con- shall be subject to valid existing rights, in- Though New York State has made flicting ownership claims, the real property cluding any easement or other right-of-way considerable progress in prevention and is difficult to manage under multiple use or lease in existence as of the date of the early identification of childhood lead policies and creates a continuing source of conveyance. All valid existing rights and in- friction and unease between the Federal Gov- terests of mining claimants shall be main- poisoning, more needs to be done to ernment and local residents. tained, unless those rights or interests are minimize the risk of lead exposure in (4) All of the real property is appropriate deemed abandoned and void or null and void the home, by our kids. About 5 percent for disposal for the purpose of promoting ad- under— of New York children screened for lead

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13380 CONGRESSIONAL RECORD — SENATE November 18, 2005 poisoning at age 2 were found to have based paint is prevalent. In Massachu- (c) PURPOSE.—The purpose of this section elevated levels of lead in the blood, setts, a similar tax credit helped re- is to encourage the safe removal of lead haz- more than twice the national average. duce the number of new cases of child- ards from homes and thereby decrease the Minority and poor children are dis- hood lead poisoning by almost two- number of children who suffer reduced intel- thirds in a decade. ligence, learning difficulties, behavioral proportionately at risk, as these problems, and other health consequences due groups are more likely to live in older The Home Lead Safety Tax Credit to lead-poisoning. Act of 2005 would help homeowners housing with poor building mainte- SEC. 2. HOME LEAD HAZARD REDUCTION ACTIV- nance, where the risk of lead paint haz- make over 80,000 homes each year safe ITY TAX CREDIT. ards are greater. Low-income children from lead, which is more than 10 times (a) IN GENERAL.—Subpart B of part IV of are eight times more likely to develop the number of homes made lead safe by subchapter A of chapter 1 of the Internal lead poisoning than more affluent chil- current Federal programs. It would Revenue Code of 1986 (relating to foreign tax dren, and African-American and Mexi- greatly accelerate our progress in rid- credit, etc.) is amended by adding at the end can-American children are five and two ding our Nation of the significant prob- the following new section: times more likely, respectively, to lem of childhood lead poisoning. I ask ‘‘SEC. 30D. HOME LEAD HAZARD REDUCTION AC- TIVITY. have toxic blood lead levels than white my colleagues to join me in supporting this legislation, which will provide ‘‘(a) ALLOWANCE OF CREDIT.—There shall be children. In New York City, about 95 allowed as a credit against the tax imposed percent of children with elevated blood needed incentives for property owners to ensure that our homes are safe- by this chapter for the taxable year an levels were African American, Hispanic amount equal to 50 percent of the lead haz- or Asian. guarded against environmental hazards ard reduction activity cost paid or incurred I am glad that the U.S. Department that detrimentally affect the health by the taxpayer during the taxable year for of Health and Human Services con- and safety of our children. each eligible dwelling unit. siders lead poisoning to be a priority, I ask unanimous consent that the ‘‘(b) LIMITATION.—The amount of the credit text of the bill be printed in the and established a national goal of end- allowed under subsection (a) for any eligible RECORD. dwelling unit for any taxable year shall not ing childhood lead poisoning by 2010. There being no objection, the bill was exceed— However, Federal programs only have ordered to be printed in the RECORD, as ‘‘(1) either— resources to remove lead-based paint follows: ‘‘(A) $3,000 in the case of lead hazard reduc- hazards from less than 0.1 percent of S. 2073 tion activity cost including lead abatement the 24 million housing units that have measures described in clauses (i), (ii), (iv) Be it enacted by the Senate and House of Rep- and (v) of subsection (c)(1)(A), or these hazards. At this pace, we will not resentatives of the United States of America in ‘‘(B) $1,000 in the case of lead hazard reduc- be able to end childhood lead poisoning Congress assembled, by 3010, let alone 2010. tion activity cost including interim lead SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. control measures described in clauses (i), We will never stop childhood lead (a) SHORT TITLE.—This Act may be cited as (iii), (iv), and (v) of subsection (c)(1)(A), re- the ‘‘Home Lead Safety Tax Credit Act of poisoning unless we get lead out of the duced by 2005’’. buildings in which children live, work, ‘‘(2) the aggregate lead hazard reduction and play. In Brooklyn, more than a (b) FINDINGS.—Congress finds that: (1) Of the 98,000,000 housing units in the activity cost taken into account under sub- third of the buildings in one commu- United States, 38,000,000 have lead-based section (a) with respect to such unit for all nity have a lead-based paint hazard. paint. preceding taxable years. Parents of children with lead poisoning (2) Of the 38,000,000 housing units with lead- ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For are being told that nothing can be done based paint, 25,000,000 pose a hazard, as de- purposes of this section: until their children’s lead poisoning be- fined by Environmental Protection Agency ‘‘(1) LEAD HAZARD REDUCTION ACTIVITY COST.— comes worse. How can we ask parents and Department of Housing and Urban De- ‘‘(A) IN GENERAL.—The term ‘lead hazard to watch and wait while their sons and velopment standards, due to conditions such as peeling paint and settled dust on floors reduction activity cost’ means, with respect daughters suffer from lead poisoning and windowsills that contain lead at levels to any eligible dwelling unit— before we remove the lead from their above Federal safety standards. ‘‘(i) the cost for a certified risk assessor to homes? (3) Though the number of children in the conduct an assessment to determine the That is why today, I am proud to in- United States ages 1 through 5 with blood presence of a lead-based paint hazard, troduce the Home Lead Safety Tax levels higher than the Centers for Disease ‘‘(ii) the cost for performing lead abate- Credit Act of 2005 with my colleagues, Control action level of 10 micrograms per ment measures by a certified lead abatement supervisor, including the removal of paint Senators DEWINE, OBAMA, and SMITH. deciliter has declined to 300,000, lead poi- and dust, the permanent enclosure or encap- This legislation would provide a tax soning remains a serious, entirely prevent- able threat to a child’s intelligence, behav- sulation of lead-based paint, the replacement credit to aide and encourage home- ior, and learning. of painted surfaces, windows, or fixtures, or owners and landlords to engage in the (4) The Secretary of Health and Human the removal or permanent covering of soil safe removal of lead-based paint haz- Services has established a national goal of when lead-based paint hazards are present in ards from their homes and rental units. ending childhood lead poisoning by 2010. such paint, dust, or soil, Specifically, it would change the IRS (5) Current Federal lead abatement pro- ‘‘(iii) the cost for performing interim lead Code of 1986 to provide a tax credit for grams, such as the Lead Hazard Control control measures to reduce exposure or like- 50 percent of the allowable costs paid Grant Program of the Department of Hous- ly exposure to lead-based paint hazards, in- cluding specialized cleaning, repairs, mainte- by the taxpayer, up to a maximum of ing and Urban Development, only have re- sources sufficient to make approximately nance, painting, temporary containment, on- $3000 and $1000 for lead abatement and 7,000 homes lead-safe each year. In many going monitoring of lead-based paint haz- interim control measures, respectively. cases, when State and local public health de- ards, and the establishment and operation of Interim control measures, which can partments identify a lead-poisoned child, re- management and resident education pro- include replacement of windows, spe- sources are insufficient to reduce or elimi- grams, but only if such measures are evalu- cialized maintenance, safe repainting nate the hazards. ated and completed by a certified lead abate- and renovation work practices to (6) Old windows typically pose significant ment supervisor using accepted methods, are eliminate lead hazards, are a cost-ef- risks because wood trim is more likely to be conducted by a qualified contractor, and painted with lead-based paint, moisture have an expected useful life of more than 10 fective means of protecting the largest causes paint to deteriorate, and friction gen- years, number of children in the near term. erates lead dust. The replacement of old win- ‘‘(iv) the cost for a certified lead abate- While total elimination of lead paint in dows that contain lead based paint signifi- ment supervisor, those working under the housing is the most desirable, interim cantly reduces lead poisoning hazards in ad- supervision of such supervisor, or a qualified control measures typically cost three dition to producing significant energy sav- contractor to perform all preparation, clean- to nine times less and can be equally ings. up, disposal, and clearance testing activities effective at removing the lead hazard. (7) Childhood lead poisoning can be dra- associated with the lead abatement measures The credit is targeted to homes that matically reduced by the abatement or com- or interim lead control measures, and contain children less than 6 years of plete removal of all lead-based paint. Empir- ‘‘(v) costs incurred by or on behalf of any ical studies also have shown substantial re- occupant of such dwelling unit for any relo- age or a woman of childbearing age, ductions in lead poisoning when the affected cation which is necessary to achieve occu- low-income residents, and to buildings properties have undergone so-called ‘‘interim pant protection (as defined under section built before 1960, as these include more control measures’’ that are far less costly 35.1345 of title 24, Code of Federal Regula- than 96 percent of all units where lead- than abatement. tions).

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13381 ‘‘(B) LIMITATION.—The term ‘lead hazard ‘‘(i) the documentation described in sub- provisions within the Medicaid Pro- reduction activity cost’ does not include any paragraph (A), gram that devote special attention to cost to the extent such cost is funded by any ‘‘(ii) documentation of the lead hazard re- Native Americans, the Indian Health grant, contract, or otherwise by another per- duction activity costs paid or incurred dur- Service, IHS, tribal health organiza- ing the taxable year with respect to the eli- son (or any governmental agency). tions, and urban Indian health organi- ‘‘(2) ELIGIBLE DWELLING UNIT.— gible dwelling unit, and ‘‘(A) IN GENERAL.—The term ‘eligible dwell- ‘‘(iii) a statement certifying that the zations. These provisions would: ing unit’ means, with respect to any taxable dwelling unit qualifies as an eligible dwell- No. 1, codify protections that Amer- year, any dwelling unit— ing unit for such taxable year. ican Indians and Alaska Natives have ‘‘(i) placed in service before 1960, ‘‘(9) BASIS REDUCTION.—The basis of any obtained over the years in the Medicaid ‘‘(ii) located in the United States, property for which a credit is allowable program, such as the requirement that ‘‘(iii) in which resides, for a total period of under subsection (a) shall be reduced by the states consult with tribes and tribal not less than 50 percent of the taxable year, amount of such credit (determined without health organizations prior to seeking a at least 1 child who has not attained the age regard to subsection (d)). federal Medicaid waiver; of 6 years or 1 woman of child-bearing age, ‘‘(10) NO DOUBLE BENEFIT.—Any deduction No. 2, clarify that American Indians and allowable for costs taken into account in and Alaska Natives are not subject to ‘‘(iv) each of the residents of which during computing the amount of the credit for lead- based paint abatement shall be reduced by additional cost sharing or benefit limi- such taxable year has an adjusted gross in- tations within Medicaid that will re- come of less than 185 percent of the poverty the amount of such credit attributable to line (as determined for such taxable year in such costs. sult in nothing more than a cost-shift accordance with criteria established by the ‘‘(d) LIMITATION BASED ON AMOUNT OF from the Medicaid program to IHS or Director of the Office of Management and TAX.—The credit allowed under subsection tribal health providers; Budget). (a) for the taxable year shall not exceed the No. 3, codify critically important ‘‘(B) DWELLING UNIT.—The term ‘dwelling excess of— provisions that provide protections unit’ has the meaning given such term by ‘‘(1) the sum of the regular tax liability (as against states or the federal govern- section 280A(f)(1). defined in section 26(b)) plus the tax imposed ment taking Indian property or tribal by section 55, over ‘‘(3) LEAD-BASED PAINT HAZARD.—The term lands in exchange for medical services ‘lead-based paint hazard’ has the meaning ‘‘(2) the sum of the credits allowable under subpart A and sections 27, 29, 30, 30A, 30B, delivered through Medicaid; and, given such term by section 745.61 of title 40, No. 4, eliminate certain inequities Code of Federal Regulations. and 30C for the taxable year. such as the lack of 100 percent federal ‘‘(4) CERTIFIED LEAD ABATEMENT SUPER- ‘‘(e) CARRYFORWARD ALLOWED.— VISOR.—The term ‘certified lead abatement ‘‘(1) IN GENERAL.—If the credit amount al- matching payments within Medicaid supervisor’ means an individual certified by lowable under subsection (a) for a taxable for care delivered to Native Americans the Environmental Protection Agency pursu- year exceeds the amount of the limitation at urban Indian health clinics. ant to section 745.226 of title 40, Code of Fed- under subsection (d) for such taxable year American Indians and Alaska Natives eral Regulations, or an appropriate State (referred to as the ‘unused credit year’ in continue to suffer enormous disparities agency pursuant to section 745.325 of title 40, this subsection), such excess shall be allowed in the health and medical care they re- Code of Federal Regulations. as a credit carryforward for each of the 20 ceive. It should not come as a surprise ‘‘(5) CERTIFIED INSPECTOR.—The term ‘cer- taxable years following the unused credit year. to anyone at the Federal level that tified inspector’ means an inspector certified health care funding for American Indi- by the Environmental Protection Agency ‘‘(2) RULES.—Rules similar to the rules of pursuant to section 745.226 of title 40, Code of section 39 shall apply with respect to the ans and Alaska Natives, AI/AN, is well Federal Regulations, or an appropriate State credit carryforward under paragraph (1).’’. below what it should be and, con- agency pursuant to section 745.325 of title 40, (b) CONFORMING AMENDMENTS.— sequently, Native Americans received Code of Federal Regulations. (1) Section 1016(a) of the Internal Revenue rationed health care services that deny ‘‘(6) CERTIFIED RISK ASSESSOR.—The term Code of 1986 is amended by striking ‘‘and’’ in them access to the quality and medi- ‘certified risk assessor’ means a risk assessor paragraph (36), by striking the period and in- cally necessary health care services. certified by the Environmental Protection serting ‘‘, and’’ in paragraph (37), and by in- However, year after year, budget and serting at the end the following new para- Agency pursuant to section 745.226 of title 40, appropriations amendments are offered Code of Federal Regulations, or an appro- graph: ‘‘(38) in the case of an eligible dwelling to more fully fund health care for Na- priate State agency pursuant to section tive Americans but both the adminis- 745.325 of title 40, Code of Federal Regula- unit with respect to which a credit for any tions. lead hazard reduction activity cost was al- tration and Congress routinely fail to ‘‘(7) QUALIFIED CONTRACTOR.—The term lowed under section 30D, to the extent pro- provide adequate funding. The result is ‘qualified contractor’ means any contractor vided in section 30D(c)(9).’’. a continued and growing divide be- who has successfully completed a training (2) The table of sections for subpart B of tween the health of American Indians course on lead safe work practices which has part IV of subchapter A of chapter 1 of such and Alaska Natives compared to that been approved by the Department of Housing Code is amended by inserting after the item of the general population. and Urban Development and the Environ- relating to section 30C the following new The U.S. Commission on Civil Rights, item: mental Protection Agency. USCCR, held meetings in Albuquerque, ‘‘(8) DOCUMENTATION REQUIRED FOR CREDIT ‘‘Sec. 30D. Home lead hazard reduction ac- NM, and visited the Gallup Indian Med- ALLOWANCE.—No credit shall be allowed tivity.’’. ical Center in 2003 as part of a fact- under subsection (a) with respect to any eli- (c) EFFECTIVE DATE.—The amendments gible dwelling unit for any taxable year un- made by this section shall apply to lead haz- finding mission to review the current less— ard reduction activity costs incurred after disparities in the health status and ‘‘(A) after lead hazard reduction activity is December 31, 2005, in taxable years ending outcomes of Native Americans. What complete, a certified inspector or certified after that date. they found served as a basis for the re- risk assessor provides written documenta- lease of their report in September 2004 tion to the taxpayer that includes— By Mr. BINGAMAN (for himself, entitled Broken Promises: Evaluating ‘‘(i) evidence that— Mr. BAUCUS, Mr. DORGAN, Mrs. the Native American Health Care Sys- ‘‘(I) the eligible dwelling unit passes the MURRAY, Ms. CANTWELL, and tem. The opening line in that report clearance examinations required by the De- Mr. JOHNSON): reads, ‘‘Today, in Indian Country, partment of Housing and Urban Development S. 2074. A bill to amend title XIX of under part 35 of title 40, Code of Federal Reg- health-related problems and the lack of ulations, the Social Security Act to provide for adequate health care are the enemy.’’ ‘‘(II) the eligible dwelling unit does not fair treatment of services furnished to This is in large part due to the fact contain lead dust hazards (as defined by sec- Indians under the medicaid program, that the IHS operates on just 57 per- tion 745.227(e)(8)(viii) of such title 40), or and for other purposes; to the Com- cent of the budget it needs and had ‘‘(III) the eligible dwelling unit meets lead mittee on Finance. more than $3 billion in unmet needs in hazard evaluation criteria established under Mr. BINGAMAN. Mr. President, I am 2003. USCCR cites estimates by the De- an authorized State or local program, and pleased to be introducing the Indian partment of Health and Human Serv- ‘‘(ii) documentation showing that the lead Medicaid Health Act of 2005 with Sen- ices, HHS, that per capita health hazard reduction activity meets the require- ments of this section, and ators BAUCUS, DORGAN, MURRAY, CANT- spending for all Americans at $4,065, ‘‘(B) the taxpayer files with the appro- WELL and JOHNSON. while IHS spent about $1,914 per person priate State agency and attaches to the tax This legislation addresses a number and average spending on Navajo pa- return for the taxable year— of technical but critically important tients is just $1,187.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13382 CONGRESSIONAL RECORD — SENATE November 18, 2005 The USCCR adds, ‘‘In fact, the fed- legislation continues to be bottled up With regard to that requirement, eral government spends nearly twice as in the Congress and has not even been however, the U.S. Commission on Civil much money for a federal prisoner’s reintroduced in the House of Rep- Rights adds, ‘‘. . . Congress included health care than it does for an Amer- resentatives. language to articulate the express in- ican Indian or Alaska Native.’’ As a member of the Senate Finance tent that increased collections not be Consequently and not surprisingly, Committee, one area that I have been used to justify lower appropriations this disparity in funding translates able to focus on in recent years is to levels. Congress has failed to abide by into severe health disparities for Na- improve coverage for Native Americans this clear mandate. Only enhanced col- tive Americans. For example, life ex- in both Medicare and Medicaid. I was lection efforts have made up for short- pectancy is 6 years less than the rest of able to pass legislation, the Native falls created by inflation and popu- the U.S. citizens. Tuberculosis rates American Breast and Cervical Cancer lation growth, and prevented a contin- are four times the national average. Treatment Technical Amendment Act uous decline from 1991 until today.’’ Complications due to diabetes are al- of 2001 or Public Law 107–121, to correct Growth in Medicaid collections has most three times the national average problems whereby Native American been used to partially offset the dra- and death rates exceed the Healthy women had previously been wrongly matic decline in IHS purchasing power People 2010 targets by 233 percent. In- denied coverage under Medicaid’s over the years, despite the Federal pro- fant mortality rates are 1.7 times high- breast and cervical cancer treatment vision stating that such revenues er than the rate for white infants. option. After a year of work, we were should not reduce overall IHS spend- In recognition of these facts, the Na- able to pass legislation to correct that ing. tional Indian Health Board has said, outrageous and discriminatory error. The U.S. Commission on Civil Rights ‘‘The travesty in looking at the deplor- I was also able to pass two provisions noted that ‘‘ . . . collections from third able health of American Indians and in 2003 from my bill, the Medicare In- parties increased 453 percent from 1991 Alaska Natives is recognizing that the dian Health Fairness Act of 2003, that to 2003.’’ Without that increase, the poor health indicators could be im- expanded reimbursement to IHS and fate of IHS and health care services for tribal health providers for all Medicare proved if funding was available to pro- Native Americans would even be more Part B services and limited the amount severe. vide even a basic level of care.’’ According to the Government Ac- The U.S. Commission on Civil Rights that providers outside the IHS system countability Office, GAO, in its August adds, ‘‘In this light, this report should can charge for services delivered to Na- tive Americans through the contract 2005 report entitled ‘‘Indian Health be considered a clarion call to those health services, CHS, program. As with Service: Health Care Services Are Not who inexplicably fail to acknowledge anything related to Native Americans Always Available to Native Ameri- the present state of Native American in this Administration, the Depart- cans’’, ‘‘In fiscal year 2004, IHS-funded health care and to those who lack a ment of Health and Human Services, facilities obtained approximately $628 commitment necessary to address the HHS, continues to fail to publish regu- million in reimbursements, with 92 per- overwhelming need for clear and deci- lations necessary to implement the lat- cent collected from Medicare and Med- sive action. Such a call is certainly ap- ter provision, even though the law re- icaid and 8 percent from private insur- propriate for our political leadership quired publishing of those regulations ance.’’ and the message is clear—it is finally in December 2004. Medicaid collections, alone, have by time to honor our nation’s commit- Although most involved in Indian 2004 ‘‘grown to $446 million, which is 71 ment to protecting the health of Na- health feel frustrated and argue that percent of the total third party collec- tive Americans.’’ we are taking one step forward and two tions reported by IHS In FY 2004, . . . Such an agenda is actually a fairly steps back with respect to Indian Medicaid collections provided about simple one. It would include: health care policy, it is in the area of 16.8 percent of the IHS budget for clin- No. 1, full funding for the Indian Medicare, Medicaid and the State Chil- ical services,’’ according to Dixon and Health Service and tribal health orga- dren’s Health Insurance Program, Locke. nizations, which should include conver- SCHIP, policy that we have been mak- Consequently, the administration’s sion of IHS into an entitlement pro- ing some progress. The legislation I am own congressional justification docu- gram; introducing today, the Medicaid Indian ment for its IHS budget proposes just a No. 2, increased numbers and funding Health Care Act of 2005, seeks to pro- 2.1-percent increase, or $62.9 million, in of urban Indian health organizations; tect the gains that have been made and additional IHS funding in fiscal year No. 3, reauthorization of the Indian to take another few steps forward. 2006 while noting that the IHS will in- Health Care Improvement Act; For one, while IHS funding continues crease their Medicare and Medicaid No. 4, coverage of as many American to fall further and further behind what collections by another $8.4 million in Indians and Alaska Natives who qual- is needed, the one bright spot is that fiscal year 2006. The Northwest Port- ify for federal health programs, such as collections from third party payers has land Area Indian Health Board esti- Medicare and Medicaid, as possible to increased over time with Medicaid mates it will take $371 million to main- ensure they are enrolled and receiving playing a fundamental role in that tain current services for IHS and trib- benefits in order to augment funding to growth. ally operated health programs. There- IHS facilities; and, IHS was first authorized to seek Med- fore, the administration’s ridiculously No. 5, targeted efforts to address icaid payment for services delivered in low proposed increase for IHS com- health disparities in Indian Country, Indian health facilities, whether oper- bined with their estimated increase in such as diabetes. ated by the IHS directly or by tribes as Medicare and Medicaid collections will For this reason, I strongly support part of the Indian Health Care Im- still fall $300 million short of providing the annual budget and appropriations provement Act of 1976 or Public Law current services. efforts, which have been led by Senator 94–437. Whether intentional or not, as direct Daschle in the past and Senator DOR- As Indian health experts Mim Dixon IHS funding continues to fail to cover GAN this year, to increase funding for and Kris Locke said, ‘‘This entitlement inflation or population growth year the Indian Health Service. Unfortu- funding was expected to provide crit- after year, Medicaid collections are nately, those efforts continue to be ical resources to improve the quality of now a growing and critical component voted down in the Congress. health care for AI/AN and to reduce the to providing basic health care services I also strongly support reauthoriza- health status disparities. To support by IHS and tribal health organizations. tion of the Indian Health Care Im- this outcome, there is an additional Yet, while Medicaid has become criti- provement Act, IHCIA, which is led by provision in the IHCIA that Medicaid cally important to the health of Amer- Senators MCCAIN and DORGAN. This ef- and Medicare revenues shall not offset ican Indians and Alaska Natives, Na- fort has been ongoing for 6 years and it Congressional appropriations for the tive Americans constitute a small is long past time for the Congress to IHS, so that the total amount of fund- share of overall Medicaid costs. As the take up and pass IHCIA. Unfortunately, ing for Indian health care would in- Northwest Portland Area Indian due to continued opposition to certain crease and not merely be shifted from Health Board has found, Medicaid ac- provisions by the administration, the one funding stream to another.’’ counts for almost 20 percent of the IHS

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13383 budget but less than 0.5 percent of Med- achieved in the Indian health system In light of the failure of the NGA to icaid expenditures go to Indian health. and actually acts to further deplete consider the special circumstances of Consequently, the legislation I am funding.’’ American Indians and Alaska Natives introducing today with Senators Bau- Put simply, added copayments in with respect to Medicaid policy, sec- cus, Dorgan, Murray, Cantwell, and Medicaid would result in the unin- tion 5 of the legislation recognizes the Johnson entitled the ‘‘Medicaid Indian tended effect of shifting Medicaid costs Federal trust responsibility and re- Health Act of 2005’’ is primarily an at- directly upon the already horribly un- quires the Secretary, prior to the ap- tempt to prevent the Federal Govern- derfunded IHS system. In other words, proval of any State Medicaid waivers, ment and States from inflicting harm the imposition of consumer cost-shar- to assure that there has been consulta- on the health and well-being of Amer- ing provisions by Medicaid on Native tion with tribes whose members or ican Indians and Alaska Natives, but it American populations would effec- tribal health programs could be ad- also seeks to take a few steps forward tively reduce the level and quality of versely affected by the waiver. Other- as well. health care services in Indian commu- wise, the current waiver process can re- What is at stake? First, from the ‘‘do nities. sult in the approval of waivers that no harm’’ prescriptive, both the Na- With respect to benefit flexibility as may include reductions in Medicaid eli- tional Governors’ Association, NGA, proposed by NGA and adopted in the gibility, benefits and/or reimbursement and the House of Representatives budg- House budget reconciliation package, or increases in cost sharing that can et reconciliation legislation con- according to Schneider, ‘‘The effect of have a negative impact on Native template major changes to the Med- reducing Medicaid coverage will be to Americans or tribal health programs. icaid program to achieve $10 billion or reduce Medicaid revenues to the I/T/U In short, sections 3, 4, 5, and 8 seek to more in proposed budget cuts to Med- providers that furnish covered services adopt a policy of ‘‘do no harm’’ by pre- icaid and Medicare. Unfortunately, it is to this population. Services for which venting changes in Medicaid policy clear that neither the NGA nor the the I/T/U could previously collect Med- from having negative consequences for House of Representatives considered icaid revenues will no longer be Native Americans. Meanwhile, sections reimburseable because the patient is no the tremendous impact that the cuts 2, 6, and 7 in the bill seek to make longer eligible for Medicaid.’’ some additional progress on behalf of they are proposing will have on the To address these concerns, the North- Native Americans through the Med- health and well-being of Native Ameri- west Portland Area Indian Health icaid Program. cans across this Nation. Board has recommended, ‘‘The Med- Foremost among those provisions in For example, both the NGA and the icaid program could be a more effective section 2, which provides for 100 per- House budget reconciliation package means of financial Indian health pro- cent Federal Medicaid matching funds provide for States being able to impose grams if it would exempt American In- for services delivered to AI/AN Med- additional premiums, copayments, and dians and Alaska Natives from cost icaid beneficiaries at urban Indian other forms of cost-sharing on low-in- sharing including co-pays, premiums health programs. Although the Med- come Medicaid beneficiaries, including and any form of cost sharing. It makes icaid statute currently provides for 100 Native Americans. Such changes can little sense to Indian people to sign up percent Federal Medicaid matching have enormous consequences for AI/ for a health program that charges funds for Medicaid services delivered to ANs as well as the Indian Health Serv- them for health care services that their AI/ANs through IHS facilities and a ice, tribal, and urban Indian, I/T/U pro- tribe gave up lands and others consid- subsequent Memorandum of Agree- viders from whom many Native Ameri- erations to secure for all generations. ment, MOA, in 1996 clarified those pay- cans receive health services. The practical effect is that they will ments also apply to services provided As Andy Schneider of Medicaid Pol- not sign up for Medicaid and the IHS through tribally owned facilities, the icy, LLC, stated at a meeting in Au- funded programs will end up paying all 100 Percent Federal Medical Assistance gust of this year on Medicaid and In- the costs of their health care. If this Percentage, FMAP, does not apply to dian health care, ‘‘Regrettably, the becomes the case, CMS will save the urban Indian clinics. NGA recommendations [which have federal government millions of dollars, In short, if an AI/AN Medicaid bene- been adopted as part of the House but renege on rights guaranteed by law ficiary received services from an IHS budget reconciliation package] could and treaties.’’ or tribal facility, the Federal Govern- well make matters even worse for AI/ In order to address these important ment is paying 100 percent of the cost, ANs and the I/T/U providers that serve points, one need look no further than but if the same individual received the them. The NGA proposal to increase the State Children’s Health Insurance same services from an urban Indian beneficiary cost-sharing could impose Program, SCHIP, rules and regula- health program funded by the IHS, the additional financial burdens on IHS tions. As Schneider adds, ‘‘Federal reg- Federal Government shifts part of the and tribal health budgets. The NGA ulations prohibit states from imposing costs of that care to the State in pro- proposal for more benefits package premiums, deductibles, coinsurance, or portion to the State’s share of the ‘flexibility’ could result in significant copayments or AI/AN children enrolled FMAP. There is no justification for reimbursement losses to I/T/U pro- in their SCHIP programs. There is no this cost shift. Just as IHS and tribal viders.’’ comparable regulatory protection for facilities are part of the I/T/U delivery How would this occur? With respect AI/AN children or adults enrolled in system for Native Americans, so are to additional cost sharing, evidence Medicaid.’’ urban Indian health programs and, as shows that additional cost sharing ei- Consequently, to prevent harm to the part of the ‘‘Federal trust responsi- ther results in reduced use of medical health and well-being of Native Ameri- bility,’’ States should not be required services, which could result in further cans, section 3 of the Medicaid Indian to subsidize any element of this sys- a decline in the health status of AI/ Health Act of 2005 would explicitly pro- tem. ANs, or that the I/T/U providers will hibit imposing such things as pre- Section 6 of the legislation would pick up the added cost sharing burden. miums or other forms of cost sharing simply ensure that I/T/U providers that As Schneider points out, ‘‘These costs on Native Americans within Medicaid, do not have the status of federally include not only the amounts of the co- just as SCHIP already does. Section 4 qualified health centers, FQHCs, re- payments and deductibles but also the adds a prohibition on the recovery of ceive the same level of reimbursement administrative expense of processing the estates of AI/AN Medicaid bene- from Medicaid managed care organiza- them and tracking the cumulative out- ficiaries or tribal property by States tions, MCOs, as they would if they were of-pocket payments, particularly if the through the Medicaid Program. Fur- a FQHC. If Medicaid MCOs are contin- services subject to cost-sharing are de- thermore, section 8 of the legislation ued to be allowed to pay I/T/U pro- livered by a non-I/T/U provider.’’ allows States to include special provi- viders less for the same services that Even if you subscribe to the ideology sions exempting Native Americans they pay other network providers, the that Medicaid beneficiaries should pay from additional cost sharing or from I/T/U providers will, effectively, be sub- more for their health care, as Dixon benefit reductions in recognition of the sidizing the MCO or other network pro- and Locke point out, ‘‘The intended special circumstances of Native Ameri- viders, which is not an appropriate use outcome of enrollee cost sharing is not cans in the Medicaid Program. of limited federal IHS resources.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13384 CONGRESSIONAL RECORD — SENATE November 18, 2005 And finally, section 7 of the Medicaid the right vehicle but that we should S. 2074 Indian Health Act of 2005 ensures that look to the reauthorization bill for the Be it enacted by the Senate and House of Rep- IHS spending on behalf of a Native Indian Health Care Improvement Act resentatives of the United States of America in American does not disqualify them for to attach these provisions instead. Congress assembled, Medicaid coverage under the ‘‘medi- Two days later, on October 27, 2005, SECTION 1. SHORT TITLE. cally needy option.’’ Current policy the Committee on Indian Affairs took This Act may be cited as the ‘‘Medicaid In- prohibits such care from counting to- up and passed S. 1057, the Indian Health dian Health Act of 2005’’. ward the ‘‘spend down’’ requirements Care Improvement Act Amendments of SEC. 2. APPLICATION OF 100 PERCENT FMAP FOR for qualifying as ‘‘medically needy’’ in SERVICES FURNISHED TO AN IN- 2005, but did not include any of the DIAN BY AN URBAN INDIAN HEALTH Medicaid. Receiving services at an IHS Medicaid provisions I have been dis- PROGRAM. facility should certainly not disqualify cussing as part of this bill. They were (a) IN GENERAL.—The third sentence of sec- anybody from Medicaid coverage and, told that inclusion of Medicaid provi- tion 1905(b) of the Social Security Act (42 once again, IHS should not be sub- sions within IHCIA was objected to by U.S.C. 1396d(b)), is amended by inserting be- sidizing the Medicaid program. both the administration and the Sen- fore the period at the end the following: ‘‘, or In total, the provisions in the Med- ate Finance Committee. However, in through an urban Indian health program re- ceiving funds under title V of the Indian icaid Indian Health Act of 2005 might light of the Senate Finance Commit- at first glance appear to be a hodge Health Care Improvement Act’’. tee’s failure to take up the amendment (b) CONFORMING AMENDMENT.—Section podge set of provisions related to both earlier this month, another possible ve- Medicaid and Indian health. However, 1911(c) of such Act (42 U.S.C. 1396j(c)), is hicle should be the reauthorization bill amended by inserting ‘‘, or through an urban they are not. They reflect a concerted for the Indian Health Care Improve- Indian health program receiving funds under effort on behalf of Native American ment Act when it comes to the Senate title V of the Indian Health Care Improve- people to protect the gains that have floor. ment Act’’ after ‘‘facilities’’. already been made within the Medicaid And finally, if we fail to get these SEC. 3. PROHIBITION ON IMPOSITION OF PRE- Program for American Indians and MIUMS, DEDUCTIBLES, COPAY- Alaska Natives and the need to make provisions included in either of those MENTS, AND OTHER COST-SHARING additional strides to improve the deliv- legislative vehicles, we will push to get ON INDIANS. ery of health services throughout to the Medicaid Indian Health Act of 2005 Section 1916 of the Social Security Act (42 U.S.C. 1396o) is amended— Native people, including those in urban passed as a free standing piece of legis- lation. Medicaid has become such a (1) in subsection (a)(3), by inserting ‘‘(other areas, through Medicaid. than such individuals who are Indians (as de- Furthermore, this is just the first in crucial and necessary piece in main- taining and improving the health and fined in section 4 of the Indian Health Care a series of bills addressing Indian Improvement Act)’’ after ‘‘other such indi- issues within the Medicaid and Medi- well-being of American Indians and viduals’’; care Programs. The next two will Alaska Natives that it is unacceptable (2) in subsection (b), in the matter pre- focus, respectively, on improving the that the various Senate committees ceding paragraph (1), by inserting ‘‘or who Medicare Program and fixing problems point to each other as being in charge are Indians (as defined in section 4 of the In- with respect to the Medicare prescrip- while not taking the necessary respon- dian Health Care Improvement Act)’’ after sibility to get this important protec- ‘‘section 1902(a)(10)’’; and tion drug program for Native Ameri- (3) in subsection (c)(1), by inserting ‘‘(other cans and Indian health providers. tions for Native Americans passed into law. than such an individual who is an Indian (as As part of the Indian Health Care Im- defined in section 4 of the Indian Health Care provement Act of 1976 report, the Con- The Federal Government and the Improvement Act))’’ after ‘‘section gress said, ‘‘The most basic human States also point figures at each other 1902(l)(1)’’. right must be the right to enjoy decent as to who is in charge. As Jim Crouch, SEC. 4. PROHIBITION ON RECOVERY AGAINST ES- health. Certainly, any effort to fulfill executive director of the California TATES OF INDIANS. Federal responsibilities to the Indian Rural Indian Health Board, has said, Section 1917(b)(1) of the Social Security people must begin with the provision of ‘‘The joint operation of the Medicaid Act (42 U.S.C. 1396p(b)(1)) is amended, in the health services. In fact, health services program by federal and state authori- matter preceding subparagraph (A), by in- must be the cornerstone upon which serting ‘‘ who is not an Indian (as defined in ties often ignores the governmental section 4 of the Indian Health Care Improve- rest all the other Federal programs for status of Tribes and the unique needs ment Act)’’ after ‘‘an individual’’ the second the benefit of Indians. Without a prop- of Tribal citizens. It is always appro- place it appears. er health status, the Indian people will priate for the federal government to es- SEC. 5. REQUIREMENT FOR CONSULTATION WITH be unable to fully avail themselves of tablish special provisions that are in INDIAN TRIBES PRIOR TO AP- the many economic, educational, and the best interest of Tribes and Amer- PROVAL OF SECTION 1115 WAIVERS. social programs already directed to ican Indians due to the governmental Section 1115 of the Social Security Act (42 them or which this Congress and future status of federally recognized tribes.’’ U.S.C. 1315) is amended by adding at the end Congresses will provide them.’’ the following: Mr. President, it is well past time to ‘‘(g) In the case of an application for a The Federal Government has a ‘‘Fed- enact legislative initiatives such as the eral trust responsibility’’ to Indian waiver of compliance with the requirements Medicaid Indian Health Act of 2005 and of section 1902 (or a renewal or extension of people that it is simple not fulfilling. reauthorization of IHCIA. Years of bro- such a waiver) that is likely to affect mem- This administration and this Congress ken promises to Indian Country must bers of an Indian tribe (as defined in section can and simply must do better. Part of come to an end. Passage of the provi- 4 of the Indian Health Care Improvement that multipronged agenda should in- sions in both the Medicaid Indian Act) or a tribal health program (whether op- clude passage of the Medicaid Indian erated by an Indian tribe or a tribal organi- Health Act of 2005 and IHCIA reauthor- zation (as so defined) serving such members, Health Act of 2005. ization are just two of the pieces that This could occur in a variety of ways. the Secretary shall, prior to granting such a the Federal Government must take in First, the provision from this bill could waiver under subsection (a) or renewing or order to fulfill the Federal trust re- be incorporated in any budget rec- extending such a waiver under subsection (e), sponsibility and make real progress at consult with each such Indian tribe.’’. onciliation conference report package. providing the full array of medically Consequently, during Finance Com- SEC. 6. REQUIREMENT FOR FAIR PAYMENT BY necessary health services that have MEDICAID MANAGED CARE ENTI- mittee consideration of the Senate’s been long promised to American Indi- TIES TO INDIAN HEALTH PROGRAM version of the budget reconciliation PROVIDERS. ans. package on October 25, 2005, I offered Section 1903(m)(2)(A)(ii) of the Social Secu- an amendment that included a number I ask unanimous consent that the rity Act (42 U.S.C. 1396b(m)(2)(A)(ii)) is of the provisions from this bill. Oppo- text of the bill and a fact sheet describ- amended to read as follows: nents of the amendment, which failed ing the various provisions in the bill be ‘‘(ii) such contract provides, in the case of printed in the RECORD. entity that has entered into a contract for on a 9-to-11 party-line vote with Demo- the provision of services with a facility or crats in favor and Republicans oppos- There being no objection, the mate- program of the Indian Health Service, ing it, argued at the time that the rial was ordered to be printed in the whether operated by the Service or an Indian budget reconciliation package was not RECORD, as follows: tribe or tribal organization (as defined in

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13385 section 4 of the Indian Health Care Improve- The provisions within this legislation are quirements on certain services with respect ment Act) or an urban Indian health pro- as follows: to certain populations. Any cost-sharing im- gram receiving funds under title V of the In- SEC. 2. 100% FMAP FOR SERVICES TO AI/AN MED- posed must be ‘‘nominal’’ in amount, as de- dian Health Care Improvement Act , that is ICAID PATIENTS OF URBAN INDIAN HEALTH fined in federal regulations. States are pro- not a Federally-qualified health center or a PROGRAMS hibited from imposing any cost-sharing, rural health clinic, that the entity shall pro- Current Law nominal or otherwise, on certain services vide payment that is not less than the high- The cost of covered services to AI/AN Med- (e.g., emergency services and family plan- est level and amount of payment that the en- icaid beneficiaries is matched by the federal ning services and supplies) and certain popu- tity would make for the services if the serv- government at a 100% rate if the services are lations (e.g., children under 18). In contrast, ices were furnished by a provider that is not received through an IHS facility, whether State SCHIP programs are prohibited by reg- a facility or program of the Indian Health operated by the IHS or a tribe or tribal orga- ulation from imposing deductibles, copay- Service;’’. nization. However, the federal government ments, or co-insurance requirements on AI/ SEC. 7. TREATMENT OF MEDICAL EXPENSES PAID matches the cost of covered services fur- AN beneficiaries. BY OR ON BEHALF OF AN INDIAN BY nished to AI/AN Medicaid beneficiaries by Proposed Change AN INDIAN HEALTH PROGRAM AS urban Indian health programs funded by the COSTS INCURRED FOR MEDICAL Prohibit states from imposing deductibles, CARE FOR PURPOSES OF DETER- IHS only at a state’s regular federal match- copayments, or co-insurance requirements in MINING MEDICALLY NEEDY ELIGI- ing rate, which varies from 50% to 77%. any amount on AI/AN Medicaid bene- BILITY. Thus, states must pay a share of the cost of ficiaries. Section 1902(a)(17)(D) of the Social Secu- Medicaid services furnished to AI/AN bene- Justification ficiaries by urban Indian health programs. rity Act (42 U.S.C. 1396a(a)(17)(D)) is amended The Federal government, through the IHS, by inserting ‘‘or by the Indian Health Serv- Proposed Change has the responsibility for providing health ice or an Indian tribe or tribal organization Extend the 100% federal matching rate to care free of charge to AI/ANs eligible for its (as defined in section 4 of the Indian Health services received through an urban Indian services. Thus, if a state imposes Care Improvement Act)’’ after ‘‘political health program receiving funds under Title deductibles, copayments, or co-insurance re- subdivision thereof’’. V of the Indian Health Care Improvement quirements, in the case of an AI/AN bene- SEC. 8. STATE OPTION TO EXEMPT INDIANS Act. ficiary cost-sharing amount must be paid by FROM REDUCTIONS IN ELIGIBILITY Justification OR BENEFITS. the IHS or the contracting tribe from the Section 1902 of the Social Security Act (42 Under current policy, if an AI/AN Medicaid limited federal funds allocated to it. The ef- U.S.C. 1396a)) is amended by inserting after beneficiary receives covered services from an fect is to reduce the appropriated funds subsection (j) the following: IHS or tribal hospital or clinic, the federal available to the IHS or tribal facility for ‘‘(k) The Secretary shall not disapprove a government pays 100% of the cost, but if the serving patients who are eligible for IHS State plan amendment, or deny a State re- same individual receives covered services services but are not eligible for Medicaid. In quest for a waiver under section 1115 (or a re- from an urban Indian health program funded this respect, Medicaid policy should be con- newal or extension of such a waiver), on the by the IHS, the federal government shifts formed to SCHIP policy. grounds that the amendment or waiver part of the costs to the state in proportion to SEC. 4. PROHIBITING RECOVERY AGAINST THE the state’s share of Medicaid spending gen- would exempt Indians (as defined in section ESTATES OF AI/AN MEDICAID BENEFICIARIES erally. There is no principled justification 4 of the Indian Health Care Improvement Current Law Act) eligible for medical assistance from— for this cost shift. Just as IHS and tribal fa- cilities receive IHS funds, so do urban Indian States are required to recover from the es- ‘‘(1) any restriction on eligibility for med- tates of deceased Medicaid beneficiaries the ical assistance under this title that would health programs. The urban Indian health programs are part of the same ‘‘I/T/U’’ deliv- costs of long-term care services (nursing fa- otherwise apply under the amendment or cility services, home and community-based waiver; ery system as are IHS and tribal facilities. States should not be required to subsidize services, and related hospital services and ‘‘(2) any imposition of premiums, any element of this system. prescription drugs) paid for by Medicaid deductibles, copayments, or other cost-shar- SEC. 3. PROHIBITING IMPOSITION OF MEDICAID when the individual was age 55 or over. The ing that would otherwise apply under the state may not recover against an individ- amendment or waiver; or PREMIUMS ON AI/AN MEDICAID BENEFICIARIES Current Law ual’s estate until the death of any surviving ‘‘(3) any reduction in covered services or spouse and so long as there is not a child State Medicaid programs are allowed to supplies that would otherwise apply under under 21 or an adult child who is blind or dis- impose premiums only on certain categories the amendment or waiver.’’. abled. Under federal administrative guid- of Medicaid beneficiaries—principally those SEC. 9. EFFECTIVE DATE. ance, certain AI/AN property is exempt from who qualify as ‘‘medically needy’’ by incur- (a) IN GENERAL.—Except as provided in estate recovery. subsection (b), this Act and the amendments ring high medical expenses that, when ap- made by this Act apply to items or services plied against their income, enable them to Proposed Change furnished on or after January 1, 2006. ‘‘spend down’’ into eligibility. Any premiums Exempt the property/estates of deceased (b) EXTENSION OF EFFECTIVE DATE FOR imposed on this group must be income-re- AI/AN beneficiaries from recovery for costs STATE LAW AMENDMENT.—In the case of a lated, as specified in federal regulations. In correctly paid by Medicaid. State plan under title XIX of the Social Se- contrast, State SCHIP programs are prohib- Justification curity Act which the Secretary of Health ited by regulation from imposing premiums The Federal government, through the IHS, and Human Services determines requires on AI/AN beneficiaries. has the responsibility for providing health State legislation in order for the plan to Proposed Change care to AI/ANs eligible for its services. Be- meet the additional requirements imposed Prohibit states from imposing any pre- cause the IHS, due to funding limitations, by the amendments made by a provision of miums, enrollment fees, or similar charges generally does not have the capacity to fur- this Act, the State plan shall not be regarded in any amount on AI/AN beneficiaries, re- nish long-term care services, low-income AI/ as failing to comply with the requirements gardless of the basis of eligibility for Med- ANs who are eligible for IHS services must of this Act solely on the basis of its failure icaid. turn to Medicaid for coverage for this care. to meet these additional requirements before Justification To recover Medicaid costs correctly paid the first day of the first calendar quarter be- from the estates of these individuals violates ginning after the close of the first regular The Federal government, through the IHS, has the responsibility for providing health the Federal government’s responsibility to session of the State legislature that begins them. Tribal lands and property should not after the date of enactment of this Act. For care free of charge to AI/ANs eligible for its services. Thus, if a state imposes a premium be threatened by federal or state govern- purposes of the previous sentence, in the ments. case of a State that has a 2-year legislative requirement as a condition of Medicaid en- rollment, in the case of an AI/AN the pre- SEC. 5. REQUIRING TRIBAL CONSULTATION PRIOR session, each year of the session shall be con- mium must be paid by the IHS or the con- TO APPROVAL OF SECTION 1115 WAIVERS sidered to be a separate regular session of tracting tribe from the limited federal funds the State legislature. Current Law allocated to it. The effect is to reduce the ap- Under section 1115 of the Social Security FACT SHEET—‘‘MEDICAID INDIAN HEALTH ACT propriated funds available to the IHS or trib- Act, the Secretary of HHS has the authority al facility for serving patients who are eligi- OF 2005’’ to waive certain requirements of federal ble for IHS services but are not eligible for Senators Bingaman, Baucus, Dorgan, Mur- Medicaid law to enable states to conduct Medicaid. In this respect, Medicaid policy ray, Cantwell, and Johnson are introducing demonstrations that, in his judgment, ‘‘is should be conformed to SCHIP policy. legislation entitled the ‘‘Medicaid Indian likely to assist in promoting the objectives Health Act of 2005’’ that would make tech- SEC. 3. PROHIBITING IMPOSITION OF MEDICAID of’’ the Medicaid program. Section 1115 con- nical but important changes to the Medicaid COPAYMENTS OR OTHER COST-SHARING ON AI/ tains no requirement that the Secretary con- program to address the unique issues con- AN MEDICAID BENEFICIARIES sult with Indian tribes prior to approval of fronting Native Americans and Indian Current Law Medicaid demonstration waivers that may Health Service (IHS) providers within that States Medicaid programs may impose adversely affect their members or their trib- program. deductibles, copayments, or co-insurance re- al health programs. The January 2005 HHS

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13386 CONGRESSIONAL RECORD — SENATE November 18, 2005 tribal consultation policy does not specify ‘‘medically needy’’ individuals. This, in turn, SEC. 2. DEFINITIONS. that consultation is required in these spe- results in IHS, Tribes, and tribal organiza- In this Act: cific circumstances, although the previous tions paying for services that Medicaid (1) INSTITUTION OF HIGHER EDUCATION.—The July 2001 guidance had. would otherwise cover once these individuals term ‘‘institution of higher education’’ has Proposed Change established ‘‘medically needy’’ eligibility. the meaning given that term in section 101 of Require the Secretary, prior to approval of Subsidizing Medicaid is not an appropriate the Higher Education Act of 1965 (20 U.S.C. any new section 1115 waiver or renewal of use of limited IHS and Tribal resources. 1001). any existing section 1115 waiver to consult SEC. 8. OPTION FOR STATES TO EXEMPT INDIANS (2) UNIFORMED SERVICES.—The term ‘‘uni- with tribes whose members or tribal health FROM REDUCTIONS IN ELIGIBILITY OR BENEFITS formed services’’ has the meaning given that programs could be affected by the waiver. Current Law term in section 101(a) of title 10, United States Code. Justification CMS policy has been to acknowledge the SEC. 3. RESTORATION OF STATE OPTION TO DE- Section 1115 waivers are commonly nego- federal government’s unique responsibilities TERMINE RESIDENCY FOR PUR- tiated by the Secretary (acting through under the trust obligation and to take into POSES OF HIGHER EDUCATION BEN- CMS) and the Governor of the state seeking account special circumstances of American EFITS. the waiver (through his Medicaid or Budget Indians and Alaska Natives in Medicaid and (a) IN GENERAL.—Section 505 of the Illegal director). Affected Indian tribes have no for- SCHIP programs. As such, states have his- Immigration Reform and Immigrant Respon- mal role in these negotiations, even when torically been allowed to include special pro- sibility Act of 1996 (8 U.S.C. 1623) is repealed. those negotiations result in reductions in visions with respect to Tribes and Indian (b) EFFECTIVE DATE.—The repeal under Medicaid eligibility, benefits, and/or reim- people in their Medicaid and SCHIP pro- subsection (a) shall take effect as if included bursement or increases in premiums and grams. However, in 2004, CMS informed Or- in the enactment of the Illegal Immigration cost-sharing that have an adverse impact on egon and Washington that it would not ap- Reform and Immigrant Responsibility Act of tribal members or tribal health programs. prove waiver amendments containing special 1996. SEC. 6. REQUIRE FAIR PAYMENT BY MEDICAID provisions for Indian participation in the SEC. 4. CANCELLATION OF REMOVAL AND AD- MCOS TO I/T/U PROVIDERS Medicaid program. JUSTMENT OF STATUS OF CERTAIN Proposed Change LONG-TERM RESIDENTS WHO EN- Current Law TERED THE UNITED STATES AS Managed care organizations (MCOs) con- Secretary shall not disapprove a state Plan CHILDREN. tracting with Medicaid on a risk basis are re- amendment, or deny a state request for a (a) SPECIAL RULE FOR CERTAIN LONG-TERM quired to pay health care providers, whether waiver under section 1115, on the grounds RESIDENTS WHO ENTERED THE UNITED STATES in- or out-of-network, on a timely basis for that the amendment or waiver would exempt AS CHILDREN.— covered services furnished to Medicaid bene- eligible Indians (as defined in section 4 of the (1) IN GENERAL.—Notwithstanding any ficiaries. Although there are generally no Indian Health Care Improvement Act) from: other provision of law and except as other- minimum payment requirements, in the case (1) any restriction on eligibility for med- wise provided in this Act, the Secretary of of federally qualified health centers (FQHCs) ical assistance under this Title that would Homeland Security may cancel removal of, and rural health clinics (RHCs), MCOs are re- otherwise apply under the amendment or and adjust to the status of an alien lawfully quired to pay the same amount for a covered waiver; admitted for permanent residence, subject to service as they would if the provider were (2) any imposition of premiums, the conditional basis described in section 5, not an FQHC or RHC. In addition, the State deductibles, copayments or other cost-shar- an alien who is inadmissible or deportable Medicaid agency is required to pay the dif- ing that would otherwise apply under the from the United States, if the alien dem- ference, if any, between: (1) the MCO’s pay- amendment or waiver; or onstrates that— ment to the FQHC or RHC; and, (2) the pro- (3) any reduction in covered services or (A) the alien has been physically present in spective payment amount to which the supplies that would otherwise apply under the United States for a continuous period of FQHC or RHC is entitled under Medicaid law. the amendment or waiver.’’ not less than 5 years immediately preceding There is no similar protection for I/T/U pro- Justification the date of enactment of this Act, and had viders that are not FQHCs or RHCs. The federal government should continue to not yet reached the age of 16 years at the Proposed Change acknowledge the federal government’s time of initial entry; Require that MCOs to pay I/T/U providers unique responsibilities under the trust obli- (B) the alien has been a person of good that are not FQHCs or RHCs the same gation and to take into account and allow moral character since the time of applica- amount that the MCO would pay for the states to take into account the special cir- tion; same service to a non-I/T/U provider. cumstances of American Indians and Alaska (C) the alien— Justification Natives in Medicaid and SCHIP programs. (i) is not inadmissible under paragraph (2), Current law protects I/T/U providers that (3), (6)(B), (6)(C), (6)(E), (6)(F), or (6)(G) of are FQHCs or Rural Health Clinics against By Mr. DURBIN (for himself, Mr. section 212(a) of the Immigration and Na- underpayment by Medicaid MCOs. This pro- HAGEL, Mr. LUGAR, Mr. KEN- tionality Act (8 U.S.C. 1182(a)), or, if inad- vision extends some of these protections to NEDY, Mr. MCCAIN, Mr. LEAHY, missible solely under subparagraph (C) or (F) other I/T/U providers. If Medicaid MCOs are Mr. COLEMAN, Mr. LIEBERMAN, of paragraph (6) of such subsection, the alien was under the age of 16 years at the time the allowed to pay I/T/U providers less for the Mr. CRAIG, Mr. FEINGOLD, Mr. violation was committed; and same services than they pay other network DEWINE, Mr. OBAMA, and Mr. providers, the I/T/U providers will, in effect, (ii) is not deportable under paragraph CRAPO): (1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D), (4), or be subsidizing the MCO or other network S. 2075. A bill to amend the Illegal providers. This is not an appropriate use of (6) of section 237(a) of the Immigration and limited federal IHS resources. Immigration Reform and Immigrant Nationality Act (8 U.S.C. 1227(a)), or, if de- SEC. 7. TREATMENT OF IHS OR TRIBAL Responsibility Act of 1996 to permit portable solely under subparagraphs (C) or PAYMENTS AS INCURRED MEDICAL EXPENSES States to determine State residency for (D) of paragraph (3) of such subsection, the alien was under the age of 16 years at the Current Law higher education purposes and to au- time the violation was committed; States have the option of extending Med- thorize the cancellation of removal and adjustment of status of certain alien (D) the alien, at the time of application, icaid coverage to individuals who are ‘‘medi- has been admitted to an institution of higher cally needy’’—that is, individuals who students who are long-term United education in the United States, or has ‘‘spend-down’’ by incurring high medical ex- States residents and who entered the earned a high school diploma or obtained a penses that, when subtracted from their in- United States as children, and for general education development certificate in comes, reduce their incomes to below the other purposes; to the Committee on the United States; and state eligibility threshold. If the IHS or a (E) the alien has never been under a final Tribe pays the health care costs of an AI/AN, the Judiciary. administrative or judicial order of exclusion, that individual is not considered to have ‘‘in- Mr. DURBIN. Mr. President, I ask deportation, or removal, unless the alien has curred’’ the cost for purposes of meeting the unanimous consent that the text of the remained in the United States under color of ‘‘spend-down’’ requirements for qualifying as bill be printed in the RECORD. law or received the order before attaining ‘‘medically needy.’’ There being no objection, the bill was the age of 16 years. Proposal ordered to be printed in the RECORD, as (2) WAIVER.—The Secretary of Homeland Allow medical expenses paid by the IHS or follows: Security may waive the grounds of ineligi- a Tribe or tribal organization on behalf of an S. 2075 bility under section 212(a)(6) of the Immigra- AI/AN to count as costs ‘‘incurred’’ for med- Be it enacted by the Senate and House of Rep- tion and Nationality Act and the grounds of ical care for purposes of establishing eligi- resentatives of the United States of America in deportability under paragraphs (1), (3), and bility for Medicaid in states with ‘‘medically Congress assembled, (6) of section 237(a) of that Act for humani- needy’’ programs. SECTION 1. SHORT TITLE. tarian purposes or family unity or when it is Justification This Act may be cited as the ‘‘Develop- otherwise in the public interest. Current policy has the effect of disquali- ment, Relief, and Education for Alien Minors (3) PROCEDURES.—The Secretary of Home- fying AI/ANs from Medicaid eligibility as Act of 2005’’ or the ‘‘DREAM Act of 2005’’. land Security shall provide a procedure by

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13387 regulation allowing eligible individuals to (i) shall not affect the enforcement of the doned such residence if the alien is absent apply affirmatively for the relief available provisions of this Act with respect to the from the United States for more than 365 under this subsection without being placed alien; and days, in the aggregate, during the period of in removal proceedings. (ii) shall not give rise to any private right conditional residence, unless the alien dem- (b) TERMINATION OF CONTINUOUS PERIOD.— of action by the alien. onstrates that alien has not abandoned the For purposes of this section, any period of (b) TERMINATION OF STATUS.— alien’s residence. An alien who is absent continuous residence or continuous physical (1) IN GENERAL.—The Secretary of Home- from the United States due to active service presence in the United States of an alien who land Security shall terminate the condi- in the uniformed services has not abandoned applies for cancellation of removal under tional permanent resident status of any the alien’s residence in the United States this section shall not terminate when the alien who obtained such status under this during the period of such service. alien is served a notice to appear under sec- Act, if the Secretary determines that the (D) The alien has completed at least 1 of tion 239(a) of the Immigration and Nation- alien— the following: ality Act (8 U.S.C. 1229(a)). (A) ceases to meet the requirements of sub- (i) The alien has acquired a degree from an (c) TREATMENT OF CERTAIN BREAKS IN paragraph (B) or (C) of section 4(a)(1); institution of higher education in the United PRESENCE.— (B) has become a public charge; or States or has completed at least 2 years, in (1) IN GENERAL.—An alien shall be consid- (C) has received a dishonorable or other good standing, in a program for a bachelor’s ered to have failed to maintain continuous than honorable discharge from the uni- degree or higher degree in the United States. physical presence in the United States under formed services. (ii) The alien has served in the uniformed subsection (a) if the alien has departed from (2) RETURN TO PREVIOUS IMMIGRATION STA- services for at least 2 years and, if dis- the United States for any period in excess of TUS.—Any alien whose conditional perma- charged, has received an honorable dis- 90 days or for any periods in the aggregate nent resident status is terminated under charge. exceeding 180 days. paragraph (1) shall return to the immigra- (E) The alien has provided a list of all of tion status the alien had immediately prior (2) EXTENSIONS FOR EXCEPTIONAL CIR- the secondary educational institutions that to receiving conditional permanent resident CUMSTANCES.—The Secretary of Homeland the alien attended in the United States. status under this Act. Security may extend the time periods de- (2) HARDSHIP EXCEPTION.— (c) REQUIREMENTS OF TIMELY PETITION FOR scribed in paragraph (1) if the alien dem- (A) IN GENERAL.—The Secretary of Home- REMOVAL OF CONDITION.— onstrates that the failure to timely return to land Security may, in the Secretary’s discre- (1) IN GENERAL.—In order for the condi- tion, remove the conditional status of an the United States was due to exceptional cir- tional basis of permanent resident status ob- alien if the alien— cumstances. The exceptional circumstances tained by an alien under subsection (a) to be determined sufficient to justify an extension removed, the alien must file with the Sec- (i) satisfies the requirements of subpara- should be no less compelling than serious ill- retary of Homeland Security, in accordance graphs (A), (B), and (C) of paragraph (1); ness of the alien, or death or serious illness with paragraph (3), a petition which requests (ii) demonstrates compelling cir- of a parent, grandparent, sibling, or child. the removal of such conditional basis and cumstances for the inability to complete the (d) EXEMPTION FROM NUMERICAL LIMITA- which provides, under penalty of perjury, the requirements described in paragraph (1)(D); TIONS.—Nothing in this section may be con- facts and information so that the Secretary and strued to apply a numerical limitation on may make the determination described in (iii) demonstrates that the alien’s removal the number of aliens who may be eligible for paragraph (2)(A). from the United States would result in ex- cancellation of removal or adjustment of (2) ADJUDICATION OF PETITION TO REMOVE ceptional and extremely unusual hardship to status under this section. CONDITION.— the alien or the alien’s spouse, parent, or (e) REGULATIONS.— (A) IN GENERAL.—If a petition is filed in ac- child who is a citizen or a lawful permanent (1) PROPOSED REGULATIONS.—Not later than cordance with paragraph (1) for an alien, the resident of the United States. 180 days after the date of enactment of this Secretary of Homeland Security shall make (B) EXTENSION.—Upon a showing of good Act, the Secretary of Homeland Security a determination as to whether the alien cause, the Secretary of Homeland Security shall publish proposed regulations imple- meets the requirements set out in subpara- may extend the period of the conditional menting this section. Such regulations shall graphs (A) through (E) of subsection (d)(1). resident status for the purpose of completing be effective immediately on an interim basis, (B) REMOVAL OF CONDITIONAL BASIS IF FA- the requirements described in paragraph but are subject to change and revision after VORABLE DETERMINATION.—If the Secretary (1)(D). public notice and opportunity for a period determines that the alien meets such re- (e) TREATMENT OF PERIOD FOR PURPOSES OF for public comment. quirements, the Secretary shall notify the NATURALIZATION.—For purposes of title III of (2) INTERIM, FINAL REGULATIONS.—Within a alien of such determination and immediately the Immigration and Nationality Act (8 reasonable time after publication of the in- remove the conditional basis of the status of U.S.C. 1401 et seq.), in the case of an alien terim regulations in accordance with para- the alien. who is in the United States as a lawful per- manent resident on a conditional basis under graph (1), the Secretary of Homeland Secu- (C) TERMINATION IF ADVERSE DETERMINA- this section, the alien shall be considered to rity shall publish final regulations imple- TION.—If the Secretary determines that the menting this section. alien does not meet such requirements, the have been admitted as an alien lawfully ad- (f) REMOVAL OF ALIEN.—The Secretary of Secretary shall notify the alien of such de- mitted for permanent residence and to be in Homeland Security may not remove any termination and terminate the conditional the United States as an alien lawfully admit- alien who has a pending application for con- permanent resident status of the alien as of ted to the United States for permanent resi- ditional status under this Act. the date of the determination. dence. However, the conditional basis must be removed before the alien may apply for SEC. 5. CONDITIONAL PERMANENT RESIDENT (3) TIME TO FILE PETITION.—An alien may STATUS. petition to remove the conditional basis to naturalization. (a) IN GENERAL.— lawful resident status during the period be- SEC. 6. RETROACTIVE BENEFITS UNDER THIS (1) CONDITIONAL BASIS FOR STATUS.—Not- ginning 180 days before and ending 2 years ACT. withstanding any other provision of law, and after either the date that is 6 years after the If, on the date of enactment of this Act, an except as provided in section 6, an alien date of the granting of conditional perma- alien has satisfied all the requirements of whose status has been adjusted under section nent resident status or any other expiration subparagraphs (A) through (E) of section 4 to that of an alien lawfully admitted for date of the conditional permanent resident 4(a)(1) and section 5(d)(1)(D), the Secretary of permanent residence shall be considered to status as extended by the Secretary of Homeland Security may adjust the status of have obtained such status on a conditional Homeland Security in accordance with this the alien to that of a conditional resident in basis subject to the provisions of this sec- Act. The alien shall be deemed in conditional accordance with section 4. The alien may pe- tion. Such conditional permanent resident permanent resident status in the United tition for removal of such condition at the status shall be valid for a period of 6 years, States during the period in which the peti- end of the conditional residence period in ac- subject to termination under subsection (b). tion is pending. cordance with section 5(c) if the alien has (2) NOTICE OF REQUIREMENTS.— (d) DETAILS OF PETITION.— met the requirements of subparagraphs (A), (A) AT TIME OF OBTAINING PERMANENT RESI- (1) CONTENTS OF PETITION.—Each petition (B), and (C) of section 5(d)(1) during the en- DENCE.—At the time an alien obtains perma- for an alien under subsection (c)(1) shall con- tire period of conditional residence. nent resident status on a conditional basis tain information to permit the Secretary of SEC. 7. EXCLUSIVE JURISDICTION. under paragraph (1), the Secretary of Home- Homeland Security to determine whether (a) IN GENERAL.—The Secretary of Home- land Security shall provide for notice to the each of the following requirements is met: land Security shall have exclusive jurisdic- alien regarding the provisions of this section (A) The alien has demonstrated good moral tion to determine eligibility for relief under and the requirements of subsection (c) to character during the entire period the alien this Act, except where the alien has been have the conditional basis of such status re- has been a conditional permanent resident. placed into deportation, exclusion, or re- moved. (B) The alien is in compliance with section moval proceedings either prior to or after fil- (B) EFFECT OF FAILURE TO PROVIDE NO- 4(a)(1)(C). ing an application for relief under this Act, TICE.—The failure of the Secretary of Home- (C) The alien has not abandoned the alien’s in which case the Attorney General shall land Security to provide a notice under this residence in the United States. The Sec- have exclusive jurisdiction and shall assume paragraph— retary shall presume that the alien has aban- all the powers and duties of the Secretary

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13388 CONGRESSIONAL RECORD — SENATE November 18, 2005 until proceedings are terminated, or if a SEC. 11. HIGHER EDUCATION ASSISTANCE. tions in Government. As a former pros- final order of deportation, exclusion, or re- Notwithstanding any provision of the ecutor, I know that experienced pros- moval is entered the Secretary shall resume Higher Education Act of 1965 (20 U.S.C. 1001 ecutors are needed to bring ever more et seq.), with respect to assistance provided all powers and duties delegated to the Sec- sophisticated cases under increasingly retary under this Act. under title IV of the Higher Education Act of (b) STAY OF REMOVAL OF CERTAIN ALIENS 1965 (20 U.S.C. 1070 et seq.), an alien who ad- complex federal criminal laws. The ENROLLED IN PRIMARY OR SECONDARY justs status to that of a lawful permanent Government’s success in combating the SCHOOL.—The Attorney General shall stay resident under this Act shall be eligible only threats posed by organized crime, drug the removal proceedings of any alien who— for the following assistance under such title: cartels, terrorist groups, and other so- (1) meets all the requirements of subpara- (1) Student loans under parts B, D, and E of phisticated criminals depends upon graphs (A), (B), (C), and (E) of section 4(a)(1); such title IV (20 U.S.C. 1071 et seq., 1087a et representation by skilled, experienced (2) is at least 12 years of age; and seq., 1087aa et seq.), subject to the require- litigators. ments of such parts. (3) is enrolled full time in a primary or sec- Because of the lure of higher salaries ondary school. (2) Federal work-study programs under (c) EMPLOYMENT.—An alien whose removal part C of such title IV (42 U.S.C. 2751 et seq.), and benefits, the average assistant U.S. is stayed pursuant to subsection (b) may be subject to the requirements of such part. attorney remains with the Department engaged in employment in the United States, (3) Services under such title IV (20 U.S.C. of Justice only 8 years. The hours are consistent with the Fair Labor Standards 1070 et seq.), subject to the requirements for long, the pay is low, and they place Act (29 U.S.C. 201 et seq.), and State and such services. themselves in harm’s way by pros- local laws governing minimum age for em- SEC. 12. GAO REPORT. ecuting criminals. Surveys of assistant ployment. Seven years after the date of enactment of U.S. attorneys have shown that a fair (d) LIFT OF STAY.—The Attorney General this Act, the Comptroller General of the retirement benefit is the foremost in- shall lift the stay granted pursuant to sub- United States shall submit a report to the section (b) if the alien— Committees on the Judiciary of the Senate centive that would increase their ten- (1) is no longer enrolled in a primary or and the House of Representatives setting ure with the Department of Justice. secondary school; or forth— Creating an enticement for them to re- (2) ceases to meet the requirements of sub- (1) the number of aliens who were eligible main with the Department of Justice section (b)(1). for cancellation of removal and adjustment for the length of their careers would be SEC. 8. PENALTIES FOR FALSE STATEMENTS IN of status under section 4(a); a tremendous victory for the American APPLICATION. (2) the number of aliens who applied for ad- people. This legislation would improve Whoever files an application for relief justment of status under section 4(a); public safety for us all by ensuring a under this Act and willfully and knowingly (3) the number of aliens who were granted falsifies, misrepresents, or conceals a mate- adjustment of status under section 4(a); and strong, knowledgeable, and experienced rial fact or makes any false or fraudulent (4) the number of aliens whose conditional crop of prosecutors at the federal level. statement or representation, or makes or permanent resident status was removed I want to thank Senators HATCH, MI- uses any false writing or document knowing under section 5. KULSKI, DURBIN, DEWINE, BIDEN, FEIN- the same to contain any false or fraudulent STEIN, FEINGOLD, SMITH, DODD, CHAM- statement or entry, shall be fined in accord- By Mr. LEAHY (for himself, Mr. BLISS, ROCKEFELLER, LIEBERMAN, ance with title 18, United States Code, or im- HATCH, Ms. MIKULSKI, Mr. DUR- BOXER, WYDEN, NELSON, AND CORZINE, prisoned not more than 5 years, or both. BIN, Mr. DEWINE, Mr. BIDEN, for cosponsoring this important legis- SEC. 9. CONFIDENTIALITY OF INFORMATION. Mrs. FEINSTEIN, Mr. FEINGOLD, lation. (a) PROHIBITION.—No officer or employee of Mr. SMITH, Mr. DODD, Mr. the United States may— I ask unanimous consent that the CHAMBLISS, Mr. ROCKEFELLER, (1) use the information furnished by the text of the bill be printed in the applicant pursuant to an application filed Mr. LIEBERMAN, Mrs. BOXER, RECORD. under this Act to initiate removal pro- Mr. WYDEN, Mr. NELSON of Flor- There being no objection, the bill was ceedings against any persons identified in ida, and Mr. CORZINE): ordered to be printed in the RECORD, as the application; S. 2076. A bill to amend title 5, follows: (2) make any publication whereby the in- United States Code, to provide to as- S. 2076 formation furnished by any particular indi- sistant United States attorneys the Be it enacted by the Senate and House of Rep- vidual pursuant to an application under this same retirement benefits as are af- Act can be identified; or resentatives of the United States of America in forded to Federal law enforcement offi- Congress assembled, (3) permit anyone other than an officer or cers; to the Committee on Homeland employee of the United States Government SECTION 1. SHORT TITLE. or, in the case of applications filed under Security and Governmental Affairs. This Act may be cited as the ‘‘Assistant this Act with a designated entity, that des- Mr. LEAHY. I am pleased to join United States Attorney Retirement Benefit ignated entity, to examine applications filed with Senator HATCH in introducing the Equity Act of 2005’’. under this Act. Assistant United States Attorney Re- SEC. 2. RETIREMENT TREATMENT OF ASSISTANT (b) REQUIRED DISCLOSURE.—The Attorney tirement Benefit Equity Act of 2005. UNITED STATES ATTORNEYS. General or the Secretary of Homeland Secu- This bill was previously introduced in (a) CIVIL SERVICE RETIREMENT SYSTEM.— rity shall provide the information furnished the 107th and 108th Congresses. A (1) ASSISTANT UNITED STATES ATTORNEY DE- under this section, and any other informa- House companion bill, H.R. 3183, has al- FINED.—Section 8331 of title 5, United States tion derived from such furnished informa- ready been introduced and currently Code, is amended— tion, to— (A) in paragraph (28), by striking ‘‘and’’ at (1) a duly recognized law enforcement enti- has 43 bipartisan cosponsors. the end; ty in connection with an investigation or Fairness is the driving force behind (B) in the first paragraph (29), by striking prosecution of an offense described in para- this legislation. The bill would correct the period and inserting a semicolon; graph (2) or (3) of section 212(a) of the Immi- an inequity that exists under current (C) in the second paragraph (29)— gration and Nationality Act (8 U.S.C. law, whereby AUSAs receive substan- (i) by striking ‘‘(29)’’ and inserting ‘‘(30)’’; 1182(a)), when such information is requested tially less favorable retirement bene- and in writing by such entity; or fits than nearly all other people in- (ii) by striking the period and inserting ‘‘; (2) an official coroner for purposes of af- volved in the Federal criminal justice and’’; and firmatively identifying a deceased individual (D) by adding at the end the following: (whether or not such individual is deceased system. The bill would increase the re- ‘‘(31) ‘assistant United States attorney’ as a result of a crime). tirement benefits given to AUSAs, as means— (c) PENALTY.—Whoever knowingly uses, well as other designated attorneys em- ‘‘(A) an assistant United States attorney publishes, or permits information to be ex- ployed by DOJ who act primarily as under section 542 of title 28; and amined in violation of this section shall be criminal prosecutors, by including ‘‘(B) any other attorney employed by the fined not more than $10,000. them in the Civil Service Retirement Department of Justice occupying a position SEC. 10. EXPEDITED PROCESSING OF APPLICA- System. This change would bring their designated by the Attorney General upon TIONS; PROHIBITION ON FEES. retirement benefits inline with thou- finding that the position— Regulations promulgated under this Act ‘‘(i) involves routine employee responsibil- shall provide that applications under this sands of other employees involved in ities that are substantially similar to those Act will be considered on an expedited basis the Federal criminal justice system. of assistant United States attorneys; and and without a requirement for the payment Enhanced retirement benefits will ‘‘(ii) is critical to the Department’s suc- by the applicant of any additional fee for allow us to attract and retain the best cessful accomplishment of an important mis- such expedited processing. and the brightest for these vital posi- sion.’’.

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(2) RETIREMENT TREATMENT.—Chapter 83 of (ii) is critical to the Department’s success- Civil Service Retirement and Disability title 5, United States Code, is amended by ful accomplishment of an important mission; Fund the difference between the individual adding after section 8351 the following: and contributions that were actually made for ‘‘§ 8352. Assistant United States attorneys (2) the term ‘‘incumbent’’ means an indi- such service and the individual contributions vidual who is serving as an assistant United that would have been made for such service ‘‘Except as provided under the Assistant States attorney on the effective date of this if the amendments made by section 2 of this United States Attorneys Retirement Benefit section. Act had then been in effect. Equity Act of 2005 (including the provisions (b) DESIGNATED ATTORNEYS.—If the Attor- (2) EFFECT OF NOT CONTRIBUTING.—If the de- relating to the non-applicability of manda- ney General makes any designation of an at- posit required under paragraph (1) is not tory separation requirements under section torney to meet the definition under sub- paid, all prior service of the incumbent shall 8335(b) and 8425(b) of this title), an assistant section (a)(1)(B) for purposes of being an in- remain fully creditable as law enforcement United States attorney shall be treated in cumbent under this section— officer service, but the resulting annuity the same manner and to the same extent as (1) such designation shall be made before shall be reduced in a manner similar to that a law enforcement officer for purposes of this the effective date of this section; and described in section 8334(d)(2)(B) of title 5, chapter.’’. (2) the Attorney General shall submit to United States Code. This paragraph shall not (3) TECHNICAL AND CONFORMING AMEND- the Office of Personnel Management before apply in the case of a disability annuity. MENTS.—(A) The table of sections for chapter that effective date— (3) PRIOR SERVICE DEFINED.—For purposes 83 of title 5, United States Code, is amended (A) the name of the individual designated; of this section, the term ‘‘prior service’’ by inserting after the item relating to sec- and means, with respect to any individual who tion 8351 the following: (B) the period of service performed by that makes an election (or is deemed to have ‘‘8352. Assistant United States attorneys.’’ individual as an assistant United States at- made an election) under subsection (d)(1)(A), (B) Section 8335(a) of such title is amended torney before that effective date. all service performed as an assistant United by striking ‘‘8331(29)(A)’’ and inserting (c) NOTICE REQUIREMENT.—Not later than 9 States attorney, but not exceeding 20 years, ‘‘8331(30)(A)’’. months after the date of enactment of this performed by such individual before the date (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- Act, the Department of Justice shall take as of which applicable retirement deductions TEM.— measures reasonably designed to provide no- begin to be made in accordance with such (1) ASSISTANT UNITED STATES ATTORNEY DE- tice to incumbents on— election. (1) their election rights under this Act; and FINED.—Section 8401 of title 5, United States (g) REGULATIONS.—Except as provided Code, is amended— (2) the effects of making or not making a under section 4, the Office of Personnel Man- (A) in paragraph (34), by striking ‘‘and’’ at timely election under this Act. agement shall prescribe regulations nec- (d) ELECTION AVAILABLE TO INCUMBENTS.— the end; essary to carry out this Act, including provi- (1) IN GENERAL.—An incumbent may elect, (B) in paragraph (35), by striking the pe- sions under which any interest due on the for all purposes, to be treated— riod and inserting ‘‘; and’’ ; and amount described under subsection (e) shall (A) in accordance with the amendments (C) by adding at the end the following: be determined. made by this Act; or ‘‘(36) ‘assistant United States attorney’ (h) EFFECTIVE DATE.—This section shall (B) as if this Act had never been enacted. means— take effect 120 days after the date of enact- (2) FAILURE TO ELECT.—Failure to make a ‘‘(A) an assistant United States attorney ment of this Act. under section 542 of title 28; and timely election under this subsection shall be treated in the same way as an election SEC. 4. DEPARTMENT OF JUSTICE ADMINISTRA- ‘‘(B) any other attorney employed by the TIVE ACTIONS. Department of Justice occupying a position under paragraph (1)(A), made on the last day allowable under paragraph (3). (a) REGULATIONS.— designated by the Attorney General upon (1) IN GENERAL.—Not later than 120 days finding that the position— (3) TIME LIMITATION.—An election under this subsection shall not be effective unless after the date of enactment of this Act, the ‘‘(i) involves routine employee responsibil- Attorney General, in consultation with the ities that are substantially similar to those the election is made not later than the ear- lier of— Office of Personnel Management, shall pro- of assistant United States attorneys; and mulgate regulations for designating attor- ‘‘(ii) is critical to the Department’s suc- (A) 120 days after the date on which the no- tice under subsection (c) is provided; or neys described under section 3(a)(1)(B). cessful accomplishment of an important mis- (2) CONTENTS.—Any regulation promul- sion.’’. (B) the date on which the incumbent in- volved separates from service. gated under paragraph (1) shall ensure that (2) RETIREMENT TREATMENT.—Section 8402 (e) LIMITED RETROACTIVE EFFECT.— attorneys designated as assistant United of title 5, United States Code, is amended by (1) EFFECT ON RETIREMENT.—In the case of States attorneys described under section adding at the end the following: an incumbent who elects (or is deemed to 3(a)(1)(B) have routine employee responsibil- ‘‘(h) Except as provided under the Assist- have elected) the option under subsection ities that are substantially similar to those ant United States Attorneys Retirement (d)(1)(A), all service performed by that indi- of assistant United States attorneys. Benefit Equity Act of 2005 (including the pro- vidual as an assistant United States attor- (b) DESIGNATIONS.—The designation of any visions relating to the non-applicability of ney and, with respect to (B) below, including attorney as an assistant United States attor- mandatory separation requirements under any service performed by such individual ney described under section 3(a)(1)(B) shall section 8335(b) and 8425(b) of this title), an pursuant to an appointment under sections be at the discretion of the Attorney General. assistant United States attorney shall be 515, 541, 543, and 546 of title 28, United States treated in the same manner and to the same Code, shall— By Mr. MCCAIN: extent as a law enforcement officer for pur- (A) to the extent performed on or after the S. 2078. A bill to amend the Indian poses of this chapter.’’. effective date of that election, be treated in Gaming Regulatory Act to clarify the (c) MANDATORY SEPARATION.—Sections accordance with applicable provisions of sub- 8335(b) and 8425(b) of title 5, United States authority of the National Indian Gam- chapter III of chapter 83 or chapter 84 of title Code, are amended by adding at the end the ing Commission to regulate class III 5, United States Code, as amended by this following: ‘‘The preceding provisions of this gaming, to limit the lands eligible for Act; and subsection shall not apply in the case of an gaming, and for other purposes; to the (B) to the extent performed before the ef- assistant United States attorney as defined fective date of that election, be treated in Committee on Indian Affairs. under section 8331(31) or 8401(36).’’. accordance with applicable provisions of sub- Mr. MCCAIN. Mr. President, I am in- (d) EFFECTIVE DATE.—The amendments chapter III of chapter 83 or chapter 84 of such troducing today a bill to amend regu- made by this section shall take effect on the title, as if the amendments made by this Act latory provisions of the Indian Gaming first day of the first applicable pay period be- had then been in effect. ginning on or after 120 days after the date of Regulatory Act (IGRA). The bill clari- (2) NO OTHER RETROACTIVE EFFECT.—Noth- fies that the National Indian Gaming enactment of this Act. ing in this Act (including the amendments SEC. 3. PROVISIONS RELATING TO INCUMBENTS. Commission (NIGC) has authority to made by this Act) shall affect any of the promulgate and enforce Minimum In- (a) DEFINITIONS.—In this section— terms or conditions of an individual’s em- (1) the term ‘‘assistant United States at- ployment (apart from those governed by sub- ternal Control Standards as to Class III torney’’ means— chapter III of chapter 83 or chapter 84 of title gaming; grants the NIGC Chairman au- (A) an assistant United States attorney 5, United States Code) with respect to any thority to approve contracts, and ex- under section 542 of title 28, United States period of service preceding the date on which pands contract approval to include con- Code; and such individual’s election under subsection tracts not only for management con- (B) any other attorney employed by the (d) is made (or is deemed to have been made). tracts but also for gaming operation Department of Justice occupying a position (f) INDIVIDUAL CONTRIBUTIONS FOR PRIOR development contracts and consulting designated by the Attorney General upon SERVICE.— finding that the position— (1) IN GENERAL.—An individual who makes services, as well as for any contract the (i) involves routine employee responsibil- an election under subsection (d)(1)(A) shall, fees for which are to be paid as a per- ities that are substantially similar to those with respect to prior service performed by centage of gaming revenue; tightens re- of assistant United States attorneys; and such individual, deposit, with interest, to the strictions on off-reservation gaming;

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13390 CONGRESSIONAL RECORD — SENATE November 18, 2005 gives the NIGC authority to issue com- than ‘‘management’’ contracts that re- consent that the text of the bill be plaints against any individual or enti- quire NIGC review. In these cases, printed in the RECORD. ty, not just against tribes or manage- tribes run the risk that contractors There being no objection, the bill was ment contractors, that violate IGRA or will enforce unfair contract terms, and ordered to be printed in the RECORD, as federal regulations; and requires all tribes and patrons run the risk that the follows: tribes to pay fees to the NIGC. tribe will contract with unsuitable S. 2078 When IGRA was enacted in 1988, In- partners. This amendment extends Be it enacted by the Senate and House of Rep- dian gaming was a $200 million dollar NIGC approval to all significant gam- resentatives of the United States of America in industry. Today, the industry earns $19 ing operation related contracts so that Congress assembled, billion a year and is spread throughout the Indian gaming industry remains, as SECTION 1. SHORT TITLE. the nation. The amendments reflect far as possible, free from unscrupulous This Act may be cited as the ‘‘Indian Gam- the need to re-evaluate what con- and unsuitable contractors. ing Regulatory Act Amendments of 2005’’. stitutes appropriate regulation of this Related to protecting the integrity of SEC. 2. DEFINITIONS. vastly changed enterprise. I have al- Indian gaming is the issue of off-res- Section 4 of the Indian Gaming Regulatory ways been and continue to be a sup- ervation gaming. When enacted in 1988, Act (25 U.S.C. 2703) is amended— (1) in paragraph (7)(E), by striking ‘‘of the porter of the rights of Indian tribes to IGRA generally banned Indian gaming Indian Gaming Regulatory Act (25 U.S.C. conduct gaming, a right guaranteed by that was not located on reservations, 2710(d)(3))’’; and the Supreme Court in the California v. however, in the interest of fairness, (2) by adding at the end the following: Cabazon decision and codified in IGRA, several exceptions to this ban were pro- ‘‘(11) GAMING-RELATED CONTRACT.—The but I also continue to believe that ef- vided. Exploitation of these exceptions, term ‘gaming-related contract’ means— fective regulation of these enterprises not anticipated at the time IGRA was ‘‘(A) a contract or other agreement relat- are critical to tribes’ continued suc- enacted, has led to a burgeoning prac- ing to the management and operation of an cess. tice by unscrupulous developers seek- Indian tribal gaming activity, including a Ensuring that the NIGC is able to contract for services under which the gam- ing to profit off Indian tribes desperate ing-related contractor— continue its oversight of Class ill gam- for economic development. Predict- ‘‘(i) exercises material control over the ing is necessary to this effective regu- ably, these ill-advised deals have in- gaming activity (or any part of the gaming lation. On August 24, 2005, the U.S. Dis- vited a backlash against Indian gaming activity); or trict Court for the District of Columbia generally. These amendments to IGRA ‘‘(ii) advises or consults with a person that issued its decision in Colorado River will put an end to the most trouble- exercises material control over the gaming Indian Tribes v. NIGC (‘‘CRIT’’), ruling some of these proposals by eliminating activity (or any part of the gaming activity); that the National Indian Gaming Com- the authority of the Secretary to take ‘‘(B) an agreement relating to the develop- mission (NIGC) did not have jurisdic- ment or construction of a facility to be used land into trust off-reservation pursu- for an Indian tribal gaming activity (includ- tion to issue Class ill Minimum Inter- ant to the so-called ‘‘two-part deter- ing a facility that is ancillary to such an ac- nal Controls Standards (MICS). These mination’’ provisions of Section 20. tivity) the cost of which is greater than standards regulate day-to-day oper- In addressing concerns about other $250,000; or ations of gaming operations. Specifi- exceptions in Section 20 for land ‘‘(C) an agreement that provides for com- cally, they provide rules that designate claims, initial reservations and re- pensation or fees based on a percentage of how cash is handled by the gaming op- stored reservations, these amendments the net revenues of an Indian tribal gaming eration, prescribe surveillance over strike a balance by curbing potential activity. game play, and provide auditing proce- abuses of these exceptions, while not ‘‘(12) GAMING-RELATED CONTRACTOR.—The term ‘gaming-related contractor’ means an dures. unfairly penalizing those who lost their entity or an individual, including an indi- Until the Court’s decision, the NIGC lands through no fault of their own, or vidual who is an officer, or who serves on the had been regulating Class ill gaming even had them taken illegally—often board of directors, of an entity, or a stock- through MICS since 1999. The regula- by force. Thus, newly recognized and holder that directly or indirectly holds at tions applied both to Class II gaming— restored tribes may still obtain lands, least 5 percent of the issued and outstanding that is, bingo and games similar to and conduct gaming on them, but such stock of an entity, that enters into a gam- bingo—and to Class III gaming—includ- lands must be in the area where the ing-related contract with— ing slot machines and table games— particular tribe has its most signifi- ‘‘(A) an Indian tribe; or which represents the largest source of ‘‘(B) an agent of an Indian tribe. cant ties. This has been the case for ‘‘(13) MATERIAL CONTROL.—The term ‘mate- revenue in Indian gaming. Following to most newly recognized and restored rial control’, with respect to a gaming activ- CRIT decision this summer, however, tribes, and surely is not unfair to im- ity, means the exercise of authority or su- some tribes have challenged NIGC’s au- pose on all similarly situated tribes. pervision over a matter that substantially thority to issue or enforce the MICS. For tribes that successfully reclaim affects a financial or management aspect of Although without NIGC authority, lands taken illegally and want to con- an Indian tribal gaming activity.’’. oversight of Class ill gaming may be duct gaming on them, these amend- SEC. 3. NATIONAL INDIAN GAMING COMMISSION. provided by tribal-State compacts, ments will require congressional con- Section 5 of the Indian Gaming Regulatory States’ roles in enforcement varies firmation and the lands must be within Act (25 U.S.C. 2704) is amended— widely and many have left such regula- (1) in subsection (c)— the state where the tribe has or had its (A) by striking ‘‘(c) Vacancies’’ and insert- tion to NIGC. In a Nationwide indus- last reservation. This provision does ing the following: try, uniform federal minimum internal not impair any tribe’s legal rights to ‘‘(c) VACANCIES.— control standards are appropriate. This reclaim lands, but will discourage at- ‘‘(1) IN GENERAL.—Except as provided in amendment makes clear that NIGC tempts by creative non-Indian devel- paragraph (2), a vacancy’’; continues to have the authority it has opers to turn a tribe’s legal rights into (B) by striking the second sentence and in- exercised until now to issue and en- a form of extortion. serting the following: force MICS, including the ability to in- Ensuring that penalties are appro- ‘‘(3) EXPIRATION OF TERM.—Unless a mem- ber has been removed for cause under sub- spect facilities and audit premises in priate and can be brought against the section (b)(6), the member may— order to assure compliance. responsible party is another means of ‘‘(A) serve after the expiration of the term Protecting the integrity of Indian protecting the integrity of Indian gam- of office of the member until a successor is gaming also requires that the NIGC’s ing. To this end the bill clarifies that appointed; or authority to review manager contracts civil penalties can be imposed on any ‘‘(B) be reappointed to serve on the Com- be expanded. IGRA originally identi- violator of IGRA, not just Indian tribes mission.’’; and fied only one kind of contract that was or management contractors. (C) by inserting after paragraph (1) (as des- subject to NIGC approval: management Finally, this bill will ensure fairness ignated by subparagraph (A)) the following: contracts. History has shown, however, in the regulation of Indian gaming by ‘‘(2) VICE CHAIRMAN.—The Vice Chairman shall act as Chairman in the absence or dis- that in order to avoid NIGC review, assuring that all tribes bear their ap- ability of the Chairman.’’; and some contracts have been fashioned as propriate share of the cost of regula- (2) in subsection (e), in the second sen- ‘‘consulting’’ contracts or ‘‘develop- tion so that the industry, as a whole, tence, by inserting ‘‘or disability’’ after ‘‘in ment’’ contracts, i.e., something other continues to prosper. I ask unanimous the absence’’.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13391 SEC. 4. POWERS OF THE CHAIRMAN. ‘‘(II) primary management officials and ‘‘SEC. 12. GAMING-RELATED CONTRACTS. Section 6 of the Indian Gaming Regulatory other key employees of the gaming enter- ‘‘(a) IN GENERAL.—To be enforceable under Act (25 U.S.C. 2705) is amended— prise, as determined by the Chairman; and this Act, a gaming-related contract shall (1) in subsection (a)— ‘‘(III) any person that is a party to a gam- be— (A) in paragraph (3), by striking ‘‘and’’ at ing-related contract; and’’; and ‘‘(1) in writing; and the end; (ii) in clause (ii)(I), by striking ‘‘primary’’ ‘‘(2) approved by the Chairman under sub- (B) by striking paragraph (4) and inserting and all that follows through ‘‘with’’ and in- section (c). the following: serting ‘‘the individuals and entities de- ‘‘(b) CONTRACT REQUIREMENTS.— ‘‘(4) approve gaming-related contracts for scribed in clause (i), including’’; ‘‘(1) IN GENERAL.—A gaming-related con- class II gaming and class III gaming under (C) in paragraph (3)— tract under this Act shall provide for the In- section 12; and’’; and (i) by redesignating subparagraphs (C) and dian tribe, at a minimum, provisions relat- (C) by adding at the end the following: (D) as subparagraphs (D) and (E), respec- ing to— ‘‘(5) conduct a background investigation tively; and ‘‘(A) accounting and reporting procedures, and make a determination with respect to (ii) by striking subparagraph (B) and in- including, as appropriate, provisions relating the suitability of a gaming-related con- serting the following: to verifiable financial reports; tractor, as the Chairman determines to be ‘‘(B) the plan is approved by the Secretary ‘‘(B) the access required to ensure proper appropriate.’’; and after the Secretary determines that— performance of the gaming-related contract, (2) by adding at the end the following: ‘‘(i) the plan is consistent with the uses de- including access to, with respect to a gaming ‘‘(c) DELEGATION OF AUTHORITY.— scribed in paragraph (2)(B); activity— ‘‘(1) IN GENERAL.—The Chairman may dele- ‘‘(ii) the plan adequately addresses the pur- ‘‘(i) daily operations; gate any authority under this section to any poses described in clauses (i) and (iii) of ‘‘(ii) real property; member of the Commission, as the Chairman paragraph (2)(B); and ‘‘(iii) equipment; and determines to be appropriate. ‘‘(iii) a per capita payment is a reasonable ‘‘(iv) any other tangible or intangible prop- ‘‘(2) REQUIREMENT.—In carrying out an ac- method of providing for the general welfare erty used to carry out the activity; tivity pursuant to a delegation under para- of the Indian tribe and the members of the ‘‘(C) assurance of performance of each graph (1), a member of the Commission shall Indian tribe; party to the gaming-related contract, includ- be subject to, and act in accordance with— ‘‘(C) the Secretary determines that the ing the provision of bonds under subsection ‘‘(A) the general policies formally adopted plan provides an adequate mechanism for the (d), as the Chairman determines to be nec- by the Commission; and monitoring and enforcement, by the Sec- essary; and ‘‘(B) the regulatory decisions, findings, and retary and the Chairman, of the compliance ‘‘(D) the reasons for, and method of, termi- determinations of the Commission pursuant of the plan (including any amendment, revi- nating the gaming-related contract. to Federal law.’’. sion, or rescission of any part of the plan);’’; ‘‘(2) TERM.— SEC. 5. POWERS OF THE COMMISSION. and ‘‘(A) IN GENERAL.—Except as provided in Section 7(b) of the Indian Gaming Regu- (D) in paragraph (4)(B)(i)— subparagraph (B), the term of a gaming-re- latory Act (25 U.S.C. 2706(b)) is amended— (i) in subclause (I), by striking ‘‘of the lated contract shall not exceed 5 years. (1) in paragraphs (1) and (4), by inserting Act,’’ and inserting a semicolon; ‘‘(B) EXCEPTION.—Notwithstanding sub- ‘‘and class III gaming’’ after ‘‘class II gam- (ii) in subclause (II), by striking ‘‘of this paragraph (A), a gaming-related contract ing’’ each place it appears; subsection’’ and inserting a semicolon; may have a term of not to exceed 7 years if— (2) in paragraph (2), by inserting ‘‘or class (iii) in subclause (III), by striking ‘‘, and’’ ‘‘(i) the Indian tribal party to the gaming- III gaming’’ after ‘‘class II gaming’’; and and inserting ‘‘; and’’; and related contract submits to the Chairman a (3) in paragraph (10), by inserting ‘‘, includ- (iv) in subclause (IV), by striking ‘‘Na- request for such a term; and ing regulations addressing minimum inter- tional Indian Gaming’’; ‘‘(ii) the Chairman determines that the nal control standards for class II gaming and (2) in subsection (d)— term is appropriate, taking into consider- class III gaming activities’’ before the period (A) in paragraph (1)— ation the circumstances of the gaming-re- at the end. (i) in subparagraph (A)— lated contract. SEC. 6. COMMISSION STAFFING. (I) in clause (i), by striking ‘‘lands,’’ and ‘‘(3) FEES.— (a) GENERAL COUNSEL.—Section 8(a) of the inserting ‘‘lands;’’; ‘‘(A) IN GENERAL.—Notwithstanding the Indian Gaming Regulatory Act (25 U.S.C. (II) in clause (ii), by striking ‘‘, and’’ and payment terms of a gaming-related contract, 2707(a)) is amended by striking ‘‘basic’’ and inserting ‘‘; and’’; and and except as provided in subparagraph (B), all that follows through the end of the sub- (III) in clause (iii), by striking the comma the fee of a gaming-related contractor or section and inserting the following: ‘‘pay at the end and inserting a semicolon; and beneficiary of a gaming-related contract payable for level IV of the Executive Sched- (ii) in subparagraph (B), by striking ‘‘, shall not exceed an amount equal to 30 per- ule under chapter 11 of title 2, United States and’’ and inserting ‘‘; and’’; cent of the net revenues of the gaming oper- Code, as adjusted by section 5318 of title 5, (B) in paragraph (2)— ation that is the subject of the gaming-re- United States Code.’’. (i) in subparagraph (B)(i), by striking ‘‘, lated contract. (b) OTHER STAFF.—Section 8(b) of the In- dian Gaming Regulatory Act (25 U.S.C. or’’ and inserting ‘‘; or’’; and ‘‘(B) EXCEPTION.—The fee of a gaming-re- 2707(b)) is amended by striking ‘‘basic’’ and (ii) in subparagraph (D)(iii)(I), by striking lated contractor or beneficiary of a gaming- all that follows through the end of the sub- ‘‘, and’’ and inserting ‘‘; and’’; related contract may be in an amount equal section and inserting the following: ‘‘pay (C) in paragraph (7)(B)— to not more than 40 percent of the net reve- payable for level IV of the Executive Sched- (i) in clause (ii)(I), by striking ‘‘, and’’ and nues of the gaming operation that is the sub- ule under chapter 11 of title 2, United States inserting ‘‘; and’’; ject of the gaming-related contract if the Code, as adjusted by section 5318 of title 5, (ii) in clause (iii)(I), by striking ‘‘, and’’ Chairman determines that such a fee is ap- United States Code.’’. and inserting ‘‘; and’’; and propriate, taking into consideration the cir- (c) TEMPORARY AND INTERMITTENT SERV- (iii) in clause (vii)(I), by striking ‘‘, and’’ cumstances of the gaming-related contract. ICES.—Section 8(c) of the Indian Gaming and inserting ‘‘; and’’; ‘‘(c) APPROVAL BY CHAIRMAN.— Regulatory Act (25 U.S.C. 2707(c)) is amended (D) in paragraph (8)(B)— ‘‘(1) GAMING-RELATED CONTRACTS.— by striking ‘‘basic’’ and all that follows (i) in clause (i), by striking the comma at ‘‘(A) IN GENERAL.—An Indian tribe shall through the end of the subsection and insert- the end and inserting a semicolon; and submit each gaming-related contract of the ing the following: ‘‘pay payable for level IV (ii) in clause (ii), by striking ‘‘, or’’ and in- tribe to the Chairman for approval by not of the Executive Schedule under chapter 11 serting ‘‘; or’’; and later than the earlier of— of title 2, United States Code, as adjusted by (E) by striking paragraph (9); and ‘‘(i) the date that is 90 days after the date section 5318 of title 5, United States Code.’’. (3) by adding at the end the following: on which the gaming-related contract is exe- SEC. 7. TRIBAL GAMING ORDINANCES. ‘‘(f) PROVISION OF INFORMATION TO CHAIR- cuted; or Section 11 of the Indian Gaming Regu- MAN.—Immediately after approving a plan ‘‘(ii) the date that is 90 days before the latory Act (25 U.S.C. 2710) is amended— date on which the gaming-related contract is (including any amendment, revision, or reci- (1) in subsection (b)— scheduled to be completed. sion of any part of a plan) under subsection (A) in paragraph (1)(A), by striking ‘‘, and’’ ‘‘(B) FACTORS FOR CONSIDERATION.—In de- and inserting ‘‘; and’’; (b)(3), the Secretary shall provide to the termining whether to approve a gaming-re- (B) in paragraph (2)(F)— Chairman— lated contract under this subsection, the (i) by striking clause (i) and inserting the ‘‘(1) a notice of the approval; and Chairman may take into consideration any following: ‘‘(2) any information used by the Secretary information relating to the terms, parties, ‘‘(i) ensures that background investiga- in approving the plan.’’. and beneficiaries of— tions and ongoing oversight activities are SEC. 8. GAMING-RELATED CONTRACTS. ‘‘(i) the gaming-related contract; and conducted with respect to— ‘‘(ii) any other agreement relating to the ‘‘(I) tribal gaming commissioners and key Section 12 of the Indian Gaming Regu- Indian gaming activity, as determined by the tribal gaming commission employees, as de- latory Act (25 U.S.C. 2711) is amended to read Chairman. termined by the Chairman; as follows: ‘‘(C) DEADLINE FOR DETERMINATION.—

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‘‘(i) IN GENERAL.—The Chairman shall ap- ‘‘(2) GAMING-RELATED CONTRACTORS.— the suitability of a gaming-related con- prove or disapprove a gaming-related con- ‘‘(A) IN GENERAL.—Not later than 90 days tractor that— tract under this subsection by not later than after the date on which the Chairman re- ‘‘(i) has been determined to be suitable by 90 days after the date on which the Chairman ceives a gaming-related contract, the Chair- the Chairman with respect to another gam- makes a determination regarding the suit- man shall make a determination regarding ing-related contract being carried out on the ability of each gaming-related contractor the suitability of each gaming-related con- date on which the Chairman makes a deter- under paragraph (2). tractor to carry out any gaming activity mination under this paragraph; and ‘‘(ii) EXPEDITED REVIEW.— that is the subject of the gaming-related ‘‘(ii) certifies to the Chairman that the in- ‘‘(I) IN GENERAL.—If each gaming-related contract. formation provided during a preceding suit- contractor has been determined by the ‘‘(B) REQUIREMENTS.—The Chairman shall ability determination has not materially Chairman to be suitable under paragraph (2) make a determination under subparagraph changed. on or before the date on which the gaming- (A) that a gaming-related contractor is un- ‘‘(G) RESPONSIBILITY OF GAMING-RELATED related contract is submitted to the Chair- suitable if, as determined by the Chairman— CONTRACTOR.—A gaming-related contractor man, the Chairman shall approve or dis- ‘‘(i) the gaming-related contractor— shall— approve the gaming-related contract by not ‘‘(I) is an elected member of the governing ‘‘(i) pay the costs of any investigation ac- later than 30 days after the date on which body of an Indian tribe that is a party to the tivity of the Chairman in carrying out this the gaming-related contract is submitted. gaming-related contract; paragraph; ‘‘(II) FAILURE TO DETERMINE.—If the Chair- ‘‘(II) has been convicted of— ‘‘(ii) provide to the Chairman a notice of man fails to make a determination by the any change in information provided during a ‘‘(aa) a felony; or date described in subclause (I), a gaming-re- preceding investigation on discovery of the ‘‘(bb) any offense relating to gaming; lated contract described in that subclause change; and ‘‘(III)(aa) knowingly and willfully provided shall be considered to be approved. ‘‘(iii) during an investigation of suitability any materially important false statement or ‘‘(III) AMENDMENTS.—The Chairman may under this paragraph, provide to the Chair- other information to the Commission or an require the parties to a gaming-related con- man such bonds under subsection (d) as the Indian tribe that is a party to the gaming-re- tract considered to be approved under sub- Chairman determines to be appropriate to lated contract; or clause (II) to amend the gaming-related con- shield an Indian tribe from liability result- tract, as the Chairman considers to be appro- ‘‘(bb) failed to respond to a request for in- ing from an action of the gaming-related priate to meet the requirements under sub- formation under this Act; contractor. ‘‘(IV) poses a threat to the public interest section (b). ‘‘(H) REGISTRY.—The Chairman shall estab- or the effective regulation or conduct of ‘‘(iii) EARLY OPERATION.— lish and maintain a registry of each suit- gaming under this Act, taking into consider- ‘‘(I) IN GENERAL.—On approval of the Chair- ability determination made under this para- man under subclause (II), a gaming-related ation the behavior, criminal record, reputa- graph. contract may be carried out before the date tion, habits, and associations of the gaming- ‘‘(3) ADDITIONAL REVIEWS.—Notwith- on which the gaming-related contract is ap- related contractor; standing an approval under paragraph (1), or proved by the Chairman under clause (i). ‘‘(V) unduly interfered, or attempted to un- a determination of suitability under para- ‘‘(II) APPROVAL BY CHAIRMAN.—The Chair- duly interfere, with any determination or graph (2), if the Chairman determines that a man may approve the early operation of a governing process of the governing body of gaming-related contract, or any party to gaming-related contract under subclause (I) an Indian tribe relating to a gaming activ- such a contract, is in violation of this Act, if the Chairman determines that— ity, for the benefit of the gaming-related the Chairman may— ‘‘(aa) adequate bonds have been provided contractor; or ‘‘(A) suspend performance under the gam- under paragraph (2)(G)(iii) and subsection ‘‘(VI) deliberately or substantially failed ing-related contract; (d); and to comply with the terms of— ‘‘(B) require the parties to amend the gam- ‘‘(bb) the gaming-related contract will be ‘‘(aa) the gaming-related contract; or ing-related contract; or amended as the Chairman considers to be ap- ‘‘(bb) a tribal gaming ordinance or resolu- ‘‘(C) revoke a determination of suitability propriate to meet the requirements under tion approved and adopted under this Act; or under paragraph (2)(D). subsection (b). ‘‘(ii) a trustee would determine that the ‘‘(4) TERMINATION.—Termination of a gam- ‘‘(D) REQUIREMENTS FOR DISAPPROVAL.— gaming-related contractor is unsuitable, in ing-related contract shall not require the ap- The Chairman shall disapprove a gaming-re- accordance with the duties of skill and dili- proval of the Chairman. lated contract under this subsection if the gence of the trustee. ‘‘(d) BONDS.— Chairman determines that— ‘‘(C) FAILURE TO DETERMINE.—If the Chair- ‘‘(1) IN GENERAL.—The Chairman may re- ‘‘(i) the gaming-related contract fails to man fails to make a suitability determina- quire a gaming-related contractor to provide meet any requirement under subsection (b); tion with respect to a gaming-related con- to the Chairman a bond to ensure the per- ‘‘(ii) a gaming-related contractor is unsuit- tractor by the date described in subpara- formance of the gaming-related contractor able under paragraph (2); graph (A), each gaming-related contractor under a gaming-related contract. ‘‘(iii) a gaming-related contractor or bene- shall be considered to be suitable to carry ‘‘(2) REGULATIONS.—The Chairman, by reg- ficiary of the gaming-related contract— out the gaming activity that is the subject ulation, shall establish the amount of a bond ‘‘(I) unduly interfered with or influenced, of the applicable gaming-related contract. required under this subsection. or attempted to interfere with or influence, ‘‘(D) REVOCATION.—At any time, based on a ‘‘(3) METHOD OF PAYMENT.—A bond under a decision or process of an Indian tribal gov- showing of good cause, the Chairman may— this subsection may be provided— ernment relating to the gaming activity for ‘‘(i) make a determination that a gaming- ‘‘(A) in cash or negotiable securities; the benefit of the gaming-related contractor related contractor is unsuitable under this ‘‘(B) through a surety bond guaranteed by or beneficiary; or subsection; or a guarantor acceptable to the Chairman; or ‘‘(II) deliberately or substantially failed to ‘‘(ii) revoke a suitability determination ‘‘(C) through an irrevocable letter of credit comply with— under this subsection. issued by a banking institution acceptable to ‘‘(aa) the gaming-related contract; or ‘‘(E) TEMPORARY SUITABILITY.— the Chairman. ‘‘(bb) a tribal gaming ordinance or resolu- ‘‘(i) IN GENERAL.—For purposes of meeting ‘‘(4) USE OF BONDS.—The Chairman shall tion adopted and approved pursuant to this a deadline under paragraph (1)(C), the Chair- use a bond provided under this subsection to Act; man may determine that a gaming-related pay the costs of a failure of the gaming-re- ‘‘(iv) the Indian tribe with jurisdiction contractor is temporarily suitable if— lated contractor that provided the bond to over the Indian lands on which the gaming ‘‘(I) the Chairman determined the gaming- perform under a gaming-related contract. activity is located will not receive the pri- related contractor to be suitable with re- ‘‘(e) APPEAL OF DETERMINATION.— mary benefit as sole proprietor of the gam- spect to another gaming-related contract ‘‘(1) IN GENERAL.—An Indian tribe or a ing activity, taking into consideration any being carried out on the date on which the gaming-related contractor may submit to agreement relating to the gaming activity; Chairman makes a determination under this the Commission a request for an appeal of a ‘‘(v) a trustee would disapprove the gam- paragraph; and determination of the Chairman under sub- ing-related contract, in accordance with the ‘‘(II) the gaming-related contractor has not section (c) or (d). duties of skill and diligence of the trustee, otherwise been determined to be unsuitable ‘‘(2) DETERMINATION OF COMMISSION.— because the compensation or fees under the by the Chairman. ‘‘(A) HEARINGS.—The Commission shall gaming-related contract do not bear a rea- ‘‘(ii) FINAL DETERMINATION.—The Chairman schedule a hearing relating to an appeal sonable relationship to the cost of the goods shall make a suitability determination with under paragraph (1) by not later than 30 days or the benefit of the services provided under respect to a gaming-related contractor that after the date on which a request for the ap- the gaming-related contract; or is the subject of a temporary suitability de- peal is received. ‘‘(vi) a person or an Indian tribe would vio- termination under clause (i) by the date de- ‘‘(B) DEADLINE FOR DETERMINATION.—The late this Act— scribed in subparagraph (A), in accordance Commission shall make a determination, by ‘‘(I) on approval of the gaming-related con- with subparagraph (F). majority vote of the Commission, relating to tract; or ‘‘(F) UPDATING DETERMINATIONS.—The an appeal under this subsection by not later ‘‘(II) in carrying out the gaming-related Chairman, as the Chairman determines to be than 5 days after the date of the hearing re- contract. appropriate, may limit an investigation of lating to the appeal under subparagraph (A).

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‘‘(C) CONCURRENCE.—If the Commission ‘‘(i) a description of any act or omission ‘‘(4) EFFECT OF SUBSECTION.—Notwith- concurs with a determination of the Chair- that is the basis of the belief of the Commis- standing any other provision of this sub- man under this subsection, the determina- sion; and section, land that, before the date of enact- tion shall be considered to be a final agency ‘‘(ii) a description of any action being con- ment of the Indian Gaming Regulatory Act action. sidered by the Commission relating to the Amendments of 2005, was determined by the ‘‘(D) DISSENT.— act or omission. Secretary or the Chairman to be eligible to ‘‘(i) IN GENERAL.—If the Commission dis- ‘‘(B) REQUIREMENTS.—A written complaint be used for purposes of gaming shall con- sents from a determination of the Chairman under subparagraph (A)— tinue to be eligible for those purposes.’’. under this subsection, the Chairman may— ‘‘(i) shall be written in common and con- SEC. 11. CONFORMING AMENDMENT. ‘‘(I) rescind the determination of the cise language; (a) IN GENERAL.—Section 123(a)(2) of the Chairman; or ‘‘(ii) shall identify any statutory or regu- Department of the Interior and Related ‘‘(II) on a finding of immediate and irrep- latory provision relating to an alleged viola- Agencies Appropriations Act, 1998 (Public arable harm to the Indian tribe that is the tion by the Indian tribe or party; and Law 105–83; 111 Stat. 1566) is amended— subject of the determination, maintain the ‘‘(iii) shall not be written only in statutory (1) in subparagraph (A), by adding ‘‘and’’ at determination. or regulatory language.’’; the end; ‘‘(ii) FINAL AGENCY ACTION.—A decision by (2) in subsection (b)— (2) in subparagraph (B), by striking ‘‘; and’’ the Chairman to maintain a determination (A) by striking ‘‘(b)(1) The Chairman’’ and and inserting a period; and under clause (i)(II) shall be considered to be inserting the following: (3) by striking subparagraph (C). a final agency action. ‘‘(b) TEMPORARY CLOSURES.— (b) APPLICABILITY.—Notwithstanding any ‘‘(3) APPEAL OF COMMISSION DETERMINA- ‘‘(1) IN GENERAL.—The Chairman’’; other provision of law, section 18(a) of the TION.—An Indian tribe, a gaming-related con- (B) in paragraph (1)— Indian Gaming Regulatory Act (25 U.S.C. tractor, or a beneficiary of a gaming-related (i) by striking ‘‘Indian game’’ and inserting 2717(a)) shall apply to all Indian tribes. contract may appeal a determination of the ‘‘Indian gaming activity, or any part of such Commission under paragraph (2) to the a gaming activity,’’; and By Mr. SMITH (for himself, Mr. United States District Court for the District (ii) by striking ‘‘section 11 or 13 of this THUNE, Mr. ALLARD, Mr. BURNS, of Columbia. Act’’ and inserting ‘‘section 11 or 13’’; and and Mr. THOMAS): ‘‘(f) CONVEYANCE OF REAL PROPERTY.—No (C) in paragraph (2)— gaming-related contract under this Act shall (i) by striking ‘‘(2) Not later than thirty’’ S. 2079. A bill to improve the ability transfer or otherwise convey any interest in and inserting the following: of the Secretary of Agriculture and the land or other real property unless the trans- ‘‘(2) HEARINGS.— Secretary of the Interior to promptly fer or conveyance— ‘‘(A) IN GENERAL.—Not later than 30’’; implement recovery treatments in re- ‘‘(1) is authorized under law; and (ii) in subparagraph (A) (as designating by sponse to catastrophic events affecting ‘‘(2) is specifically described in the gaming- clause (i))— the natural resources of Forest Service related contract. (I) by striking ‘‘management contractor’’ land and Bureau of Land Management ‘‘(g) CONTRACT AUTHORITY.—The authority and inserting ‘‘party to a gaming-related Land, respectively, to support the re- of the Secretary under section 2103 of the Re- contract’’; and vised Statutes (25 U.S.C. 81) relating to con- (II) by striking ‘‘permanent’’ and inserting covery of non-Federal land damaged by tracts under this Act is transferred to the ‘‘final’’; and catastrophic events, to assist impacted Commission. (iii) in the second sentence— communities, to revitalize Forest Serv- ‘‘(h) NO EFFECT ON TRIBAL AUTHORITY.— (I) by striking ‘‘Not later than sixty’’ and ice experimental forests, and for other This section does not expand, limit, or other- inserting the following: purposes; to the Committee on Energy wise affect the authority of any Indian tribe ‘‘(B) DETERMINATION OF COMMISSION.—Not and Natural Resources. or any party to a Tribal-State compact to in- later than 60’’; and Mr. BURNS. Mr. President, I rise vestigate, license, or impose a fee on a gam- (II) by striking ‘‘permanent’’ and inserting today in support of the Forests for Fu- ing-related contractor.’’. ‘‘final’’; SEC. 9. CIVIL PENALTIES. (3) in subsection (c), by striking ‘‘(c) A de- ture Generations Act, because it ad- Section 14 of the Indian Gaming Regu- cision’’ and inserting the following: dresses a very serious problem in our latory Act (25 U.S.C. 2713) is amended— ‘‘(c) APPEAL OF FINAL DETERMINATIONS.—A National Forests. I am not sure how (1) by striking the section designation and determination’’; and many people in this body have wit- heading and all that follows through sub- (4) in subsection (d), by striking ‘‘(d) Noth- nessed the devastation of a cata- section (a) and inserting the following: ing’’ and inserting the following: strophic wildfire, but I recommend ‘‘SEC. 14. CIVIL PENALTIES. ‘‘(d) EFFECT ON REGULATORY AUTHORITY OF that everyone tour a burned over for- ‘‘(a) PENALTIES.— INDIAN TRIBES.—Nothing’’. est. It is a sobering reality, often re- ‘‘(1) VIOLATION OF ACT.— SEC. 10. GAMING ON LATER-ACQUIRED LAND. sembling a moonscape. ‘‘(A) IN GENERAL.—An Indian tribe, indi- Section 20(b) of the Indian Gaming Regu- The worst fire year in recent Mon- vidual, or entity that violates any provision latory Act (25 U.S.C. 2719(b)) is amended— of this Act (including any regulation of the (1) in paragraph (1)— tana history was the summer of 2000, Commission and any Indian tribal regula- (A) in subparagraph (A), by striking ‘‘ (A) when we burned 945,000 acres of produc- tion, ordinance, or resolution approved under the Secretary, after consultation’’ and in- tive Montana land. After months of section 11 or 13) in carrying out a gaming-re- serting the following: smoke-filled air, we were left with lated contract may be subject to, as the ‘‘(A)(i) before November 18, 2005, the Sec- decimated wildlife habitat, charred Chairman determines to be appropriate— retary reviewed, or was in the process of re- hillsides, sediment-filled streams, and ‘‘(i) an appropriate civil fine, in an amount viewing, at the Central Office of the Bureau millions of board feet of dead, standing not to exceed $25,000 per violation per day; or of Indian Affairs, Washington, DC, the peti- timber. Active forest management ‘‘(ii) an order of the Chairman for an ac- tion of an Indian tribe to have land taken counting and disgorgement, including inter- into trust for purposes of gaming under this would require that restoration of these est. Act; and fragile soils and ecosystems begin as ‘‘(B) APPLICATION TO INDIAN TRIBES.—An In- ‘‘(ii) the Secretary, after consultation’’; soon as possible, but that is almost dian tribe shall not be subject to and never the case on national forest land. disgorgement under subparagraph (A)(ii) un- (B) in subparagraph (B)— Instead, we spend millions of dollars less the Chairman determines that the In- (i) in clause (i), by striking the comma at and thousands of hours writing a plan dian tribe grossly violated a provision of this the end and inserting the following: ‘‘under to restore the burned area, which is in- Act. Federal statutory law, if the land is within a evitably appealed, challenged, and liti- ‘‘(2) APPEALS.—The Chairman shall pro- State in which is located— vide, by regulation, an opportunity to appeal ‘‘(I) the reservation of such Indian tribe; or gated by an environmental group. We a determination relating to a violation under ‘‘(II) the last recognized reservation of end up arguing in the courtroom when paragraph (1). such Indian tribe;’’; we should be working in the forest. ‘‘(3) WRITTEN COMPLAINTS.— (ii) in clause (ii), by striking ‘‘, or’’ and in- I have seen side-by-side sections of ‘‘(A) IN GENERAL.—If the Commission has serting ‘‘if, as determined by the Secretary, land where private landowners or even reason to believe that an Indian tribe or a the Indian tribe has a temporal, cultural, the State of Montana has taken quick party to a gaming-related contract may be and geographic nexus to the land; or’’; and action and removed some dead or dying subject to a penalty under paragraph (1), the (iii) in clause (iii), by inserting before the timber then replanted the forest. News final closure of an Indian gaming activity, or period at the end the following: ‘‘if, as deter- a modification or termination order relating mined by the Secretary, the Indian tribe has are growing on the private land before to the gaming-related contract, the Chair- a temporal, cultural, and geographic nexus any of the Federal timber is even har- man shall provide to the Indian tribe or to the land’’; and vested. It is amazing to me, and it party a written complaint, including— (2) by adding at the end the following: makes absolutely no sense. For that

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13394 CONGRESSIONAL RECORD — SENATE November 18, 2005 reason I am happy to cosponsor this Whereas the Honorable Henry Morgenthau, 1915 . . . offenses which had been committed bill, because it is time to reintroduce United States Ambassador to the Ottoman on Turkish territory against persons of some common sense into a system that Empire from 1913 to 1916, organized and led Turkish citizenship, though of Armenian or has gone far off the tracks. protests by officials of many countries, Greek race. This article constitutes there- among them the allies of the Ottoman Em- fore a precedent for Article 6c and 5c of the f pire, against the Armenian Genocide; Nuremberg and Tokyo Charters, and offers SUBMITTED RESOLUTIONS Whereas Ambassador Morgenthau explic- an example of one of the categories of itly described to the Department of State ‘crimes against humanity’ as understood by the policy of the Government of the Ottoman these enactments’’; Empire as ‘‘a campaign of race extermi- Whereas House Joint Resolution 148, 94th SENATE RESOLUTION 320—CALL- nation’’, and was instructed on July 16, 1915, ING ON THE PRESIDENT TO EN- Congress, adopted by the House of Rep- by Secretary of State Robert Lansing that resentatives on April 8, 1975, resolved that SURE THAT THE FOREIGN POL- the ‘‘Department approves your procedure ‘‘April 24, 1975, is hereby designated as ‘Na- ICY OF THE UNITED STATES RE- . . . to stop Armenian persecution’’; tional Day of Remembrance of Man’s Inhu- FLECTS APPROPRIATE UNDER- Whereas Senate Concurrent Resolution 12, manity to Man’, and the President of the STANDING AND SENSITIVITY 64th Congress, agreed to July 18, 1916, re- United States is authorized and requested to CONCERNING ISSUES RELATED solved that ‘‘the President of the United issue a proclamation calling upon the people States be respectfully asked to designate a of the United States to observe such day as TO HUMAN RIGHTS, ETHNIC day on which the citizens of this country a day of remembrance for all the victims of CLEANSING, AND GENOCIDE DOC- may give expression to their sympathy by genocide, especially those of Armenian an- UMENTED IN THE UNITED contributing funds now being raised for the cestry’’; STATES RECORD RELATING TO relief of the Armenians’’, who, at that time, Whereas Proclamation 4838 of April 22, 1981 were enduring ‘‘starvation, disease, and un- THE ARMENIAN GENOCIDE (95 Stat. 1813) issued by President Ronald told suffering’’; Reagan, stated, in part, that ‘‘[l]ike the Mr. ENSIGN (for himself and Mr. Whereas President Woodrow Wilson agreed DURBIN) submitted the following reso- with such Concurrent Resolution and en- genocide of the Armenians before it, and the lution; which was referred to the Com- couraged the formation of the organization genocide of the Cambodians which followed mittee on Foreign Relations: known as Near East Relief, which was incor- it—and like too many other persecutions of too many other people—the lessons of the S. RES 320 porated by the Act of August 6, 1919, 66th Congress (41 Stat. 273, chapter 32); Holocaust must never be forgotten’’; Whereas the Armenian Genocide was con- Whereas, from 1915 through 1930, Near East Whereas House Joint Resolution 247, 98th ceived and carried out by the Ottoman Em- Relief contributed approximately $116,000,000 Congress, adopted by the House of Rep- pire from 1915 to 1923, resulting in the depor- to aid survivors of the Armenian Genocide, resentatives on September 10, 1984, resolved tation of nearly 2,000,000 Armenians, of including aid to approximately 132,000 Arme- that ‘‘April 24, 1985, is hereby designated as whom 1,500,000 men, women, and children nian orphans; ‘National Day of Remembrance of Man’s In- were killed, 500,000 survivors were expelled Whereas Senate Resolution 359, 66th Con- humanity to Man’, and the President of the from their homes, and which succeeded in gress, agreed to May 11, 1920, stated in part, United States is authorized and requested to the elimination of more than 2,500-year pres- ‘‘the testimony adduced at the hearings con- issue a proclamation calling upon the people ence of Armenians in their historic home- ducted by the subcommittee of the Senate of the United States to observe such day as land; Committee on Foreign Relations have clear- a day of remembrance for all the victims of Whereas, on May 24, 1915, the Allied Powers ly established the truth of the reported mas- genocide, especially the one and one-half issued the joint statement of England, sacres and other atrocities from which the million people of Armenian ancestry’’; France, and Russia that explicitly charged, Armenian people have suffered’’; Whereas, in August 1985, after extensive for the first time ever, another government Whereas such Senate Resolution followed study and deliberation, the United Nations of committing ‘‘a crime against humanity’’; the report to the Senate of the American Sub-Commission on Prevention of Discrimi- Whereas that joint statement stated ‘‘the Military Mission to Armenia, which was led nation and Protection of Minorities voted 14 Allied Governments announce publicly to by General James Harbord, dated April 13, to 1 to accept a report entitled ‘‘Study of the the Sublime Porte that they will hold per- 1920, that stated ‘‘[m]utilation, violation, Question of the Prevention and Punishment sonally responsible for these crimes all mem- torture, and death have left their haunting of the Crime of Genocide’’, which stated bers of the Ottoman Government, as well as memories in a hundred beautiful Armenian ‘‘[t]he Nazi aberration has unfortunately not those of their agents who are implicated in valleys, and the traveler in that region is been the only case of genocide in the 20th such massacres’’; seldom free from the evidence of this most century. Among other examples which can Whereas the post-World War I Turkish colossal crime of all the ages’’; be cited as qualifying are . . . the Ottoman Government indicted the top leaders in- Whereas, as displayed in the United States massacre of Armenians in 1915–1916’’; volved in the ‘‘organization and execution’’ Holocaust Memorial Museum, Adolf Hitler, Whereas such report also explained that of the Armenian Genocide and in the ‘‘mas- on ordering his military commanders to at- ‘‘[a]t least 1,000,000, and possibly well over sacre and destruction of the Armenians’’; tack Poland without provocation in 1939, dis- half of the Armenian population, are reliably Whereas in a series of courts-martial, offi- missed objections by saying ‘‘[w]ho, after all, estimated to have been killed or death cials of the Young Turk Regime were tried speaks today of the annihilation of the Ar- marched by independent authorities and eye- and convicted on charges of organizing and menians?’’ and thus set the stage for the Hol- witnesses and this is corroborated by reports executing massacres against the Armenian ocaust; in United States, German, and British ar- people; Whereas Raphael Lemkin, who coined the chives and of contemporary diplomats in the Whereas the officials who were the chief term ‘‘genocide’’ in 1944, and who was the Ottoman Empire, including those of its ally organizers of the Armenian Genocide, Min- earliest proponent of the Convention on the Germany’’; ister of War Enver, Minister of the Interior Prevention and Punishment of Genocide, in- Whereas the United States Holocaust Me- Talaat, and Minister of the Navy Jemal, voked the Armenian case as a definitive ex- morial Council, an independent Federal were tried by military tribunals, found ample of genocide in the 20th century; agency that serves as the board of trustees of guilty, and condemned to death for their Whereas the first resolution on genocide the United States Holocaust Memorial Mu- crimes, however, the punishments imposed adopted by the United Nations, United Na- seum pursuant to section 2302 of title 36, by the tribunals were not enforced; tions General Assembly Resolution 96(1), United States Code, unanimously resolved on Whereas the Armenian Genocide and the dated December 11, 1946, (which was adopted April 30, 1981, that the Museum would ex- failure to carry out the death sentence at the urging of Raphael Lemkin), and the hibit information regarding the Armenian against Enver, Talaat, and Jemal are docu- Convention on the Prevention and Punish- Genocide and the Museum has since done so; mented with overwhelming evidence in the ment of Genocide, done at Paris December 9, Whereas, reviewing an aberrant 1982 ex- national archives of Austria, France, Ger- 1948, recognized the Armenian Genocide as pression by the Department of State (which many, Russia, the United Kingdom, the the type of crime the United Nations in- was later retracted) that asserted that the United States, the Vatican, and many other tended to prevent and punish by codifying facts of the Armenian Genocide may be am- countries, and this vast body of evidence at- existing standards; biguous, the United States Court of Appeals tests to the same facts, the same events, and Whereas, in 1948, the United Nations War for the District of Columbia in 1993, after a the same consequences; Crimes Commission invoked the Armenian review of documents pertaining to the policy Whereas the National Archives and Genocide as ‘‘precisely . . . one of the types record of the United States, noted that the Records Administration of the United States of acts which the modern term ‘crimes assertion on ambiguity in the United States holds extensive and thorough documentation against humanity’ is intended to cover’’ and record about the Armenian Genocide ‘‘con- on the Armenian Genocide, especially in its as a precedent for the Nuremberg tribunals; tradicted longstanding United States policy holdings for the Department of State under Whereas such Commission stated that and was eventually retracted’’; Record Group 59, files 867.00 and 867.40, which ‘‘[t]he provisions of Article 230 of the Peace Whereas, on June 5, 1996, the House of Rep- are open and widely available to the public Treaty of Sevres were obviously intended to resentatives adopted an amendment to H.R. and interested institutions; cover, in conformity with the Allied note of 3540, 104th Congress (the Foreign Operations,

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13395 Export Financing, and Related Programs Ap- dom—necessary to act to prevent a rep- quality of life for individuals with disabil- propriations Act, 1997), to reduce aid to Tur- etition of these terrible crimes. Be- ities; key by $3,000,000 (an estimate of its payment cause the problem isn’t simply a mat- Whereas Alan Reich was born in Pearl of lobbying fees in the United States) until ter of knowing, but about knowing River, New York, was a well-respected and the Turkish Government acknowledged the beloved member of his family, and served as Armenian Genocide and took steps to honor when and how to act. an inspirational figure in the disability com- the memory of its victims; Senator ENSIGN and I have submitted munity; Whereas President William Jefferson Clin- a resolution that acknowledges the suf- Whereas Alan Reich— ton, on April 24, 1998, stated, ‘‘[t]his year, as fering of those destroyed by the Arme- (1) graduated from Dartmouth College in in the past, we join with Armenian-Ameri- nian genocide. 1952, where he was an all-American track and cans throughout the nation in commemo- It calls on the President to remember field athlete; rating one of the saddest chapters in the his- the hard lessons of the Armenian geno- (2) received a Master’s degree in Russian tory of this century, the deportations and literature from Middlebury College in 1953; cide in the conduct of U.S. foreign pol- (3) was awarded a diploma in Slavic lan- massacres of a million and a half Armenians icy and to assure that our knowledge of in the Ottoman Empire in the years 1915– guages and Eastern European studies from 1923’’; this terrible crime informs our human the University of Oxford; (4) received an M.B.A. from Harvard Uni- Whereas President George W. Bush, on rights policies. As I said, the Armenian genocide was versity in 1959; and April 24, 2004, stated, ‘‘[o]n this day, we (5) was a brilliant linguist who spoke 5 lan- pause in remembrance of one of the most the first genocide of the 20th century. guages; horrible tragedies of the 20th century, the It was also the first time that the Whereas Alan Reich served in the Army annihilation of as many as 1,500,000 Arme- American public found itself con- from 1953 to 1957 as an infantry officer and nians through forced exile and murder at the fronting such a cruel, man-made catas- Russian language interrogation officer in end of the Ottoman Empire’’; and trophe. Germany, and was named as a member of the Whereas, despite the international recogni- United States Army Infantry Officer Can- tion and affirmation of the Armenian Geno- America closely followed the crisis. In 1915, the New York Times alone pub- didate School Hall of Fame; cide, the failure of the domestic and inter- Whereas Alan Reich married Gay Forsythe national authorities to punish those respon- lished 145 articles on the Armenian 1 Reich, and shared with her 50 years of mar- sible for the Armenian Genocide is a reason massacres, roughly one every 2 ⁄2 days. riage and a deep commitment to each other why similar genocides have recurred and Dedicated and courageous American and their three children, James, Jeffery, and may recur in the future, and that a just reso- diplomats tried to end the carnage. Our Elizabeth; lution will help prevent future genocides: ambassador to Constantinople, Henry Whereas from 1960 to 1970, Alan Reich was Now, therefore, be it Morgenthau, played an important role employed as an executive at Polaroid Cor- Resolved, That the Senate— poration when, at age 32, he became a quad- (1) calls on the President to ensure that in bringing the massacres to the atten- tion of the outside world. riplegic due to a swimming accident, and the foreign policy of the United States re- used a wheelchair as a result of his injury; flects appropriate understanding and sensi- Americans, such as Mark Twain, Henry Adams, and Clara Barton, spoke Whereas although Alan Reich was told he tivity concerning issues related to human would not drive or write again, he relearned rights, ethnic cleansing, and genocide docu- out against the massacres and a broad- both skills and returned to work at Polaroid mented in the United States record relating based American humanitarian move- Corporation; to the Armenian Genocide and the con- ment sought to provide relief to the Whereas Alan Reich— sequences of the failure to realize a just reso- desperate Armenians and pushed the (1) served in the Department of State from lution; and 1970 to 1975 as a Deputy Assistant Secretary (2) calls on the President, in the Presi- U.S. Government to protect the vic- tims from further violence. It was the for Educational and Cultural Affairs; dent’s annual message commemorating the (2) later served as Director of the Bureau of Armenian Genocide issued on or about April birth of the American international East-West Trade for the Department of Com- 24 to accurately characterize the systematic human rights movement. merce; and deliberate annihilation of 1,500,000 Arme- The Near East Relief Organization, (3) was named the President of the United nians as genocide and to recall the proud his- founded in 1919 to assist Armenian ref- States Council for the International Year of tory of United States intervention in opposi- ugees, provided more than $116 million Disabled Persons in 1978; and tion to the Armenian Genocide. for the cause during its 10-year life- (4) was the first person to address the Mr. DURBIN. Mr. President, I rise United Nations General Assembly from a time—the equivalent of more than $1 today to recall and to honor the 1.5 wheelchair when the United Nations opened billion in today’s money. million Armenians killed by the Otto- the International Year of the Disabled in We need to recapture that energy and 1981; man government between 1915 and 1923. determination because the best way to Whereas in 1982, Alan Reich transformed Genocides claimed the lives of some 60 honor those who died is to recognize the Council for the International Year of million people in the century just past, their suffering and dedicate ourselves Disabled Persons into the National Organiza- 16 million after the end of the Second to preventing such a destruction of en- tion on Disability, an organization that ac- World War, when we told ourselves, tively seeks on national, State, and local tire communities in the future. ‘‘Never again.’’ The Armenian Geno- levels full and equal participation for indi- Recognizing the Armenian genocide cide was the 20th century’s first geno- viduals with disabilities in all aspects of life; takes on added importance in the face cide, a vicious, organized crime against Whereas Alan Reich— of the genocide occurring right now in (1) founded the Bimillennium Foundation humanity that included murder, depor- the Darfur region of Sudan. As we in 1984 to encourage national leaders to set tation, torture, and slave labor. pause to reflect upon this grievous ex- goals aimed at improving the lives of people Some would ignore the Armenian vic- with disabilities for the year 2000; tims and forget how they died. We need ample of man’s inhumanity to man, let (2) served as past Chairman of the People- to fight against such forgetfulness. us honor the victims of the Armenian to-People Committee on Disability; and An Armenian named Vahram genocide and all crimes against hu- (3) worked to advance research in regenera- Dadrian was a survivor of the genocide manity not only by acknowledging tion of the central nervous system as Chair- and wrote about his experiences in a their suffering, but also by acting to man of the Paralysis Cure Research Founda- tion and as President of the National Para- moving memoir. But by the 1940s, he halt similar atrocities that are occur- ring now before our very eyes. plegia Foundation; had begun to lose hope. ‘‘Everything Whereas Alan Reich, who used a wheel- has been forgotten,’’ he wrote, ‘‘our f chair for 43 years, led an effort that raised . . . dead could never have imagined, SENATE RESOLTUION 321—COM- $1,650,000 to add the statue of Franklin Dela- even for a fraction of a moment, that MEMORATING THE LIFE, no Roosevelt in a wheelchair to the memo- they would have been forgotten so rial of the former President in Washington, ACHIEVEMENTS, AND CONTRIBU- D.C.; soon.’’ TIONS OF ALAN A. REICH We must restore that lost hope. We Whereas Alan Reich stated in 2001, ‘‘The must not forget. To do so would dis- Mr. DEWINE (for himself and Mr. unveiling is a major national moment, the honor the memories of the dead and HARKIN) submitted the following reso- removal of the shroud of shame that cloaks disability. The statue will become a shrine send a message to the world that we lution; which was referred to the Com- mittee on the Judiciary: to people with disabilities, but it will also in- might tolerate genocide. spire everyone to overcome obstacles. When We will not tolerate the intolerable. S. RES. 321 you see the memorial that follows the stat- We will remember, and in doing so, cul- Whereas Alan Reich devoted his life to ue, what will be in your mind is that he did tivate the knowledge—and the wis- civic involvement and efforts to improve the all this from a wheelchair.’’;

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13396 CONGRESSIONAL RECORD — SENATE November 18, 2005 Whereas in July 2005, Alan Reich received My wife Fran and I extend our deep- SENATE RESOLUTION 322—EX- the George H. W. Bush Medal, an award es- est sympathy to Alan Reich’s family PRESSING THE SENSE OF THE tablished to honor outstanding service under for their loss. SENATE ON THE TRIAL, SEN- the Americans with Disabilities Act of 1990 TENCING, AND IMPRISONMENT (42 U.S.C. 12101 et seq.); Mr. HARKIN. Mr. President, I am Whereas Alan Reich is survived by his wife, OF MIKHAIL KHODORKOVSKY honored to be the lead Democratic co- AND PLATON LEBEDEV partner, and best friend, Gay, their 2 sons sponsor of this resolution to com- James and Jeffery, their daughter Elizabeth, Mr. BIDEN (for himself, Mr. MCCAIN, and 11 grandchildren; and memorate the life, achievements and and Mr. OBAMA) submitted the fol- Whereas Alan Reich passed away on No- contributions of Alan Reich. lowing resolution; which was consid- vember 8, 2005, and the contributions he I was greatly saddened, last week, to made to his family, his community, and his ered and agreed to: Nation will not be forgotten: Now, therefore, hear about the passing of this great S. RES. 322 be it and passionate advocate for the rights Whereas the United States supports the de- Resolved, That the Senate— of people with disabilities. As many velopment of democracy, civil society, and (1) honors the life, achievements, and con- Senators know very well, Alan was the the rule of law in the Russian Federation; tributions of Alan Reich; Whereas the rule of law and the guarantee (2) extends its deepest sympathies to the founder and president emeritus of the National Organization on Disability. of equal justice under the law are funda- family of Alan Reich for their loss of this mental attributes of democratic societies; great and generous man; and Over the past 25 years, both he and the Whereas the trial, sentencing, and impris- (3) respectfully requests the Secretary of National Organization on Disability onment of Mikhail Khodorkovsky and the Senate to transmit a copy of this resolu- have been tremendously effective advo- Platon Lebedev have raised troubling ques- tion to the family of Alan Reich. cates for the full and equal participa- tions about the impartiality and integrity of Mr. DEWINE. Mr. President, I am the judicial system in Russia; pleased today join with Senator HAR- tion of persons with disabilities in all Whereas the Department of State 2004 KIN to submit a resolution commemo- aspects of American life. Country Report on Human Rights Practices rating the many contributions and The achievements of Alan Reich, and in Russia stated that the arrest of Mr. achievements of Alan Reich, who was the sheer breadth of his activism and Khodorkovsky was ‘‘widely believed to have an inspirational figure in the disability been prompted, at least in part, by the con- leadership, are simply remarkable. community. Alan Reich devoted his siderable financial support he provided to op- own life to the improving the quality While president of the National Organi- position groups;’’ of life for so many others—especially zation on Disability, he built a broad Whereas Secretary of State Condoleezza coalition of disability groups that suc- Rice has remarked that the arrest of Mr. individuals with disabilities. He re- Khodorkovsky and the dismantling of his cently passed away on November 8, cessfully fought for the inclusion of a company have ‘‘raised significant concerns’’ 2005, at the age of 75. statue of President Roosevelt in a about the independence of the judiciary in Alan Reich was the founder of the wheelchair at the FDR Memorial. He Russia; National Organization on Disability. spearheaded critical research to track Whereas the independent non-govern- This organization is active on a local, the progress of Americans with disabil- mental organization Freedom House has as- State, and national level in efforts to serted that the conviction of Mr. ities in key areas of life. He founded seek full and equal participation for Khodorkovsky ‘‘underscores the serious ero- people with disabilities in all aspects of and chaired the Paralysis Cure Re- sion of the rule of law and growing intoler- life. You see, at the young age of 32, search Foundation; was president of ance for political dissent in Russia’’; Alan became a quadriplegic following a what became the National Spinal Cord Whereas upon concluding an investigation Injury Association; and he founded the of the facts surrounding the case of Mr. swimming accident. He used a wheel- Khodorkovsky and Mr. Lebedev, the Human chair as a result of this injury. While National Task Force on Disability. Rights Committee of the Parliamentary As- Alan was told he would not drive or Alan also led the way in taking the dis- sembly of the Council of Europe determined write again, he relearned both skills ability rights movement into the inter- that the two men were ‘‘arbitrarily singled and went on to become an inspiration national arena. He chaired the World out’’ by the Russia authorities, violating the for all those in the disability commu- principle of equality before the law; Committee on Disability, and was the Whereas in May 2005, a Moscow court sen- nity. In 1990, he received the George first individual using a wheelchair to H.W. Bush Medal for outstanding serv- tenced Mr. Khodorkovsky to serve 9 years in address the United Nations General As- prison; ice under the Americans with Disabil- Whereas Article 73 of the Russian Criminal ities Act. sembly. For these and many other achievements, Alan was awarded the Penitentiary Code stipulates that except Alan Reich is probably best known under extraordinary circumstances, pris- for leading an effort that raised $1.65 George Bush Medal this past July. oners serve their terms of deprivation of lib- million to add the statue of FOR in a I want to express my own profound erty on the territory of subjects of the Rus- wheelchair to the former President’s respect for this remarkable individual sian Federation where they reside or were memorial here in Washington, DC. As and for all that he accomplished in his convicted; Whereas on or about October 16, 2005, Mr. Alan said in 2001: life. He played a pivotal role in the dis- The unveiling is a major national moment, Khodorkovsky was sent to prison camp YG the removal of the shroud of shame that ability rights revolution that has 14/10 in the Chita Region of Siberia; cloaks disability. The statue will become a transformed this country in important Whereas on or about October 16, 2005, Mr. shrine to people with disabilities, but it will ways in recent decades. He improved Lebedev was sent to penal camp number 98/ also inspire everyone to overcome obstacles. the lives of countless individuals with 3 in the arctic region of Yamal-Nenets; Whereas the transfer of Mr. Khodorkovsky When you see the memorial that follows the disabilities, both in this country and statue, what will be in your mind is that he and Mr. Lebedev constitutes an apparent vio- did all this from a wheelchair. throughout the world. And, perhaps lation of Russia law and hearkens back to best of all, he has left a living legacy in the worst practices and excesses of the So- Alan Reich married his best friend viet era; and partner in life, Gay Forsythe the form of the advocacy organizations he founded, which will now continue Whereas a broad coalition of human rights Reich. They shared 50 years of mar- advocates and intellectuals in Russia have riage and were deeply committed to his work into the future. appealed to Vladimir Lukin, the Human each other and to their 3 children— Alan Reich was a wonderful advocate Rights Commissioner of the Russian Federa- James, Jeffery, and Elizabeth–as well and a great American. He fought with tion, to investigate and rectify any abuse of Russia law associated with the transfer of as their 11 grandchildren. all his heart to win equity, access, and Alan Reich’s contributions to his Mr. Khodorkovsky and Mr. Lebedev; and opportunity for people with disabil- family, his community, and to this Na- Whereas the selective disregard for the tion will never be forgotten. As ities. He changed countless lives, and rule of law by officials of the Russian Fed- eration further undermines the standing and Chesterton said many years ago, made America a much better and fairer society. For all these reasons, the status of the Russian Federation among the ‘‘Great men do great things even when democratic nations of the world: Now, there- they’re gone.’’ That is certainly true of United States Senate honors Alan fore, be it Alan Reich. His legacy will live on al- Reich, today, with this resolution ex- Resolved, That it is the sense of the Senate ways. pressing our respect and appreciation. that—

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13397 (1) the criminal justice system in Russia which lists all authorized top-level Internet sult in a less functional Internet with dimin- has not accorded Mikhail Khodorkovsky and domains; ished benefits for all people; Platon Lebedev fair, transparent, and impar- Whereas the recently articulated prin- Whereas in the Declaration of Principles of tial treatment under the laws of the Russian ciples of the United States on the domain the First World Summit on the Information Federation; name and addressing system of the Internet Society, held in Geneva in 2003, delegates (2) the standing and status of the Russian (DNS) are that— from 175 nations declared the ‘‘common de- Federation among the democratic nations of (1) the Federal Government will— sire and commitment to build a people-cen- the world would be greatly enhanced if the (A) preserve the security and stability of tered, inclusive and development oriented authorities of the Russian Federation were the DNS; Information Society, where everyone can to take the necessary actions to dispel wide- (B) take no action with the potential to ad- create, access, utilize and share information spread concerns that— versely affect the effective and efficient op- and knowledge’’; (A) the criminal cases against Mr. eration of the DNS; and Whereas delegates at the First World Sum- Khodorkovsky, Mr. Lebedev, and their asso- (C) maintain the historic role of the United mit also reaffirmed, ‘‘as an essential founda- ciates are politically motivated; States regarding modifications to the root tion of the Information Society, and as out- (B) the transfer of Mr. Khodorkovsky and zone file; lined in Article 19 of the Universal Declara- Mr. Lebedev to prison camps thousands of (2) governments have a legitimate interest tion of Human Rights, that everyone has the kilometers from their homes and families in the management of country code top level right to freedom of opinion and expression’’ represents a violation of the norms and prac- domains (ccTLD); and that ‘‘this right includes freedom to hold tices of Russia law; and (3) the United States is committed to opinions without interference and to seek, (C) in cases dealing with perceived polit- working with the international community receive and import information and ideas ical threats to the authorities, the judiciary to address the concerns of that community through any media and regardless of fron- of Russia is an instrument of the Kremlin in accordance with the stability and security tiers’’; and such judiciary is not truly independent; of the DNS; Whereas the United Nations Secretary (4) ICANN is the appropriate technical and General has stated the objective of the 2005 manager of the Internet, and the United (3) notwithstanding any other disposition World Summit on the Information Society in States will continue to provide oversight so of the cases of Mr. Khodorkovsky and Mr. Tunis is to ensure ‘‘benefits that new infor- that ICANN maintains focus and meets its mation and communication technologies, in- Lebedev, and without prejudice to further core technical mission; and disposition of same, Mr. Khodorkovsky and cluding the Internet, can bring to economic (5) dialogue relating to Internet govern- and social development’’ and that ‘‘to defend Mr. Lebedev should be transferred to penal ance should continue in multiple relevant facilities with locations that are consonant the Internet is to defend freedom itself’’; and fora, and the United States encourages an Whereas discussions at the November 2005 with the norms and general practices of Rus- ongoing dialogue with all stakeholders and sia law. World Summit on the Information Society will continue to support market-based ap- may include discussion of transferring con- f proaches and private sector leadership; trol of the Internet to a new intergovern- Whereas the final report issued by the mental entity, and could be the beginning of SENATE RESOLUTION 323—EX- Working Group on Internet Governance a prolonged international debate regarding PRESSING THE SENSE OF THE (WGIG), established by the United Nations the future of Internet governance: Now, SENATE THAT THE UNITED NA- Secretary General in accordance with a man- therefore, be it date given during the first World Summit on TIONS AND OTHER INTER- Resolved, That the Senate— the Information Society, and comprised of 40 (1) calls on the President to continue to op- NATIONAL ORGANIZATIONS members from governments, private sector, pose any effort to transfer control of the SHOULD NOT BE ALLOWED TO and civil society, issued 4 possible models, 1 Internet to the United Nations or any other EXERCISE CONTROL OVER THE of which envisages a Global Internet Council international entity; INTERNET that would assume international Internet (2) applauds the President for— governance; (A) clearly and forcefully asserting that Mr. COLEMAN (for himself, Mr. WAR- Whereas that report contains recommenda- the United States has no present intention of NER, Mr. PRYOR, Mr. SMITH, Mr. tions for relegating the private sector and relinquishing the historic leadership role the DEMINT, Mr. BENNETT, Mr. NELSON of nongovernmental organizations to an advi- United States has played in Internet govern- Florida, Mr. KYL, Mr. ALLEN, Mr. MAR- sory capacity; ance; and TINEZ, Mr. BUNNING, and Mr. CHAM- Whereas the European Union has also pro- (B) articulating a vision of the future of BLISS) submitted the following resolu- posed transferring control of the Internet, the Internet that places privatization over tion; which was considered and agreed including the global allocation of Internet politicization with respect to the Internet; to: Protocol number blocks, procedures for and changing the root zone file, and rules appli- (3) calls on the President to— S. RES. 323 cable to DNS, to a ‘‘new model of inter- (A) recognize the need for, and pursue a Whereas market-based policies and private national cooperation’’ which could confer continuing and constructive dialogue with sector leadership have given the Internet the significant leverage to the Governments of the international community on, the future flexibility to evolve; Iran, Cuba, and China, and could impose an of Internet governance; and Whereas given the importance of the Inter- undesirable layer of politicized bureaucracy (B) advance the values of an open Internet net to the global economy, it is essential on the operations of the Internet that could in the broader trade and diplomatic con- that the underlying domain name system result in an inadequate response to the rapid versations of the United States. and technical infrastructure of the Internet pace of technological change; f remain stable and secure; Whereas some nations that advocate rad- Whereas the Internet was created in the ical change in the structure of Internet gov- SENATE RESOLUTION 324—EX- United States and has flourished under ernance censor the information available to PRESSING SUPPORT FOR THE United States supervision and oversight, and their citizens through the Internet and use PEOPLE OF SRI LANKA IN THE the Federal Government has followed a path the Internet as a tool of surveillance to cur- WAKE OF THE TSUNAMI AND of transferring Internet control from the de- tail legitimate political discussion and dis- THE ASSASSINATION OF THE SRI fense sector to the civilian sector, including sent, and other nations operate tele- LANKAN FOREIGN MINISTER the Internet Corporation for Assigned Names communications systems as state-controlled and Numbers (ICANN) with the goal of full monopolies or highly-regulated and highly- AND URGING SUPPORT AND RE- privatization; taxed entities; SPECT FOR FREE AND FAIR Whereas the developing world deserves the Whereas some nations in support of trans- ELECTIONS IN SRI LANKA access to knowledge, services, commerce, ferring Internet governance to an entity af- Mr. MCCAIN (for himself, Mr. BIDEN, and communication, the accompanying bene- filiated with the United Nations, or another and Mr. LUGAR) submitted the fol- fits to economic development, education, international entity, might seek to have lowing resolution; which was consid- and health care, and the informed discussion such an entity endorse national policies that that is the bedrock of democratic self-gov- block access to information, stifle political ered and agreed to ernment that the Internet provides; dissent, and maintain outmoded communica- S. RES. 324 Whereas the explosive and hugely bene- tions structures; Whereas, on December 26, 2004, Sri Lanka ficial growth of the Internet did not result Whereas the structure and control of Inter- was struck by a tsunami that left some 30,000 from increased government involvement but net governance has profound implications for dead and hundreds of thousands of people from the opening of the Internet to com- homeland security, competition and trade, homeless; merce and private sector innovation; democratization, free expression, access to Whereas the United States and the world Whereas on June 30, 2005, President George information, privacy, and the protection of community recognized the global impor- W. Bush announced that the United States intellectual property, and the threat of some tance of preventing that tragedy from spi- intends to maintain its historic role over the nations to take unilateral actions that raling into an uncontrolled disaster and sent master ‘‘root zone’’ file of the Internet, would fracture the root zone file would re- aid to Sri Lanka to provide immediate relief;

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13398 CONGRESSIONAL RECORD — SENATE November 18, 2005 Whereas the massive tsunami reconstruc- in America has been called an epidemic by Colindres Aleman, Daniel Canales Ramirez, tion effort in Sri Lanka creates significant Transportation Secretary Norman Mineta; Carlos Joaquin Contreras Palacios, Fran- challenges for the country; Whereas according to the National High- cisco Orlando Contreras Recinos, and Jose Whereas the democratic process in Sri way Transportation Safety Administration, Roberto Moreno Canjura, were found guilty Lanka is further challenged by the refusal of wearing a seat belt saved 15,434 lives in 2004; by the Salvadoran courts of the executions the Liberation Tigers of Tamil Eelam, a and of the churchwomen and were sentenced to group that the Secretary of State has des- Whereas the Sunday after Thanksgiving is 30 years in prison, marking the first case in ignated as a Foreign Terrorist Organization, the busiest highway traffic day of the year: the history of El Salvador where a member to renounce violence as a means of effecting Now, therefore, be it of the Salvadoran Armed Forces was con- political change; Resolved, That the Senate— victed of murder by a Salvadoran judge; Whereas, on August 12, 2005, the Sri (1) encourages— Whereas the United Nations Commission Lankan Foreign Minister Lakhsman (A) high schools, colleges, universities, ad- on the Truth for El Salvador was established Kadirgamar was assassinated at his home in ministrators, teachers, primary schools, and under the terms of the historic January 1992 Colombo in a brutal terrorist act that has secondary schools to launch campus-wide Peace Accords that ended El Salvador’s 12 been widely attributed to the Liberation Ti- educational campaigns to urge students to years of civil war and was charged to inves- gers of Tamil Eelam by officials in Sri be careful about safety when driving; tigate and report to the Salvadoran people Lanka, the United States, and other coun- (B) national trucking firms to alert their on human rights crimes committed by all tries; drivers to be especially focused on driving sides during the course of the civil war; Whereas democratic elections are sched- safely during the heaviest traffic day of the Whereas in March 1993, the United Nations uled to be held in Sri Lanka on November 17, year, and to publicize the importance of the Commission on the Truth for El Salvador 2005; and day using Citizen’s band (CB) radios and in found that the execution of the 4 church- Whereas the United States has an interest truck stops across the Nation; women from the United States was planned in a free and fair democratic process in Sri (C) clergy to remind their members to and that Subsergeant Luis Antonio Colindres Lanka, and the peaceful resolution of the in- travel safely when attending services and Aleman carried out orders from a superior to surgency that has afflicted Sri Lanka for gatherings; execute them, and that then Colonel Carlos more than two decades: Now, therefore, be it (D) law enforcement personnel to remind Eugenio Vides Casanova, then Director-Gen- Resolved, That the Senate— drivers and passengers to drive particularly eral of the National Guard and his cousin, (1) expresses its support for the people of safely on the Sunday after Thanksgiving; Lieutenant Colonel Oscar Edgardo Casanova Sri Lanka as they recover from the dev- and Vejar, then Commander of the Zacatecoluca astating tsunami that occurred on December (E) everyone to use the Sunday after military detachment where the murders 26, 2004, and the assassination of the Sri Thanksgiving as an opportunity to educate were committed, and other military per- Lankan Foreign Minister Lakhsman themselves about highway safety; and sonnel knew that members of the National Kadirgamar on August 12, 2005; (2) designates November 27, 2005, as ‘‘Drive Guard had committed the murders pursuant (2) expresses its support for the courageous Safer Sunday’’. to orders of a superior and that the subse- quent coverup of the facts adversely affected decision by the democratically-elected Gov- f ernment of Sri Lanka, following the assas- the judicial investigation into the murders of the 4 churchwomen from the United sination of Foreign Minister Kadirgamar, to SENATE RESOLUTION 327—REMEM- States; remain in discussions with the Liberation BERING AND COMMEMORATING Whereas the United Nations Commission Tigers of Tamil Eelam in an attempt to re- THE LIVES AND WORK OF on the Truth for El Salvador determined solve peacefully the issues facing the people MARYKNOLL SISTERS MAURA that General Jose Guillermo Garcia, then of Sri Lanka; and CLARKE AND ITA FORD, URSU- Minister of Defense, made no serious effort (3) urges all parties in Sri Lanka to remain LINE SISTER DOROTHY KAZEL, to conduct a thorough investigation of re- committed to the negotiating process and to AND CLEVELAND LAY MISSION sponsibility for the murders of the church- make every possible attempt at national rec- women; onciliation. TEAM MEMBER JEAN DONOVAN, WHO WERE EXECUTED BY MEM- Whereas the families of the 4 churchwomen f BERS OF THE ARMED FORCES from the United States continue their efforts OF EL SALVADOR ON DECEMBER to determine the full truth surrounding the SENATE RESOLUTION 325—TO AU- murders of their loved ones, appreciate the THORIZE THE PRINTING OF A 2, 1980 cooperation of United States Government REVISED EDITION OF THE SEN- Mr. FEINGOLD (for himself, Mr. agencies in disclosing and providing docu- ATE ELECTION LAW GUIDEBOOK DODD, and Mr. LEAHY) submitted the ments relevant to the churchwomen’s mur- Mr. LOTT submitted the following following resolution; which was re- ders, and pursue requests to release to the family members the few remaining undis- resolution; which was considered and ferred to the Committee on Foreign Relations: closed documents and reports pertaining to agreed to: this case; S. RES. 326 S. RES. 325 Whereas the families of the 4 churchwomen Resolved, That the Committee on Rules and Whereas on December 2, 1980, 4 church- from the United States appreciate the abil- Administration shall prepare a revised edi- women from the United States, Maryknoll ity of those harmed by violence to bring suit tion of the Senate Election Law Guidebook, Sisters Maura Clarke and Ita Ford, Ursuline against Salvadoran military officers in Senate Document 106-14 , and that such docu- Sister Dorothy Kazel, and Cleveland Lay United States courts under the Torture Vic- ment shall be printed as a Senate document. Mission Team Member Jean Donovan, were tim Protection Act of 1991 (28 U.S.C. 1350 violated and executed by members of the Na- note); SEC. 2. There shall be printed, beyond the usual number, 500 additional copies of the tional Guard of El Salvador; Whereas the lives of these 4 churchwomen document specified in the first section for Whereas in 1980, Maryknoll Sisters Maura from the United States have, for the past 25 the use of the Committee on Rules and Ad- Clarke and Ita Ford were working in the par- years, served as inspiration for and continue ministration. ish of the Church of San Juan Bautista in to inspire Salvadorans, Americans, and peo- Chalatenango, El Salvador, providing food, ple throughout the world to answer the call f transportation, and other assistance to refu- to service and to pursue lives dedicated to SENATE RESOLUTION 326—DESIG- gees and Ursuline Sister Dorothy Kazel and addressing the needs and aspirations of the NATING NOVEMBER 27, 2005, AS Cleveland Lay Mission Team Member Jean poor, the vulnerable, and the disadvantaged, Donovan were working in the parish of the especially among women and children; ‘‘DRIVE SAFER SUNDAY’’ Church of the Immaculate Conception in La Whereas the lives of the 4 churchwomen Mr. CHAMBLISS (for himself, Mr. Libertad, El Salvador, providing assistance from the United States have also inspired ISAKSON, and Mrs. LINCOLN) submitted and support to refugees and other victims of numerous books, plays, films, music, reli- the following resolution; which was violence; gious events, and cultural events; considered and agreed to: Whereas these 4 churchwomen from the Whereas schools, libraries, research cen- United States dedicated their lives to work- ters, spiritual centers, health clinics, wom- S. RES. 326 ing with the poor of El Salvador, especially en’s and children’s programs in the United Whereas motor vehicle travel is the pri- women and children left homeless, displaced, States and in El Salvador have been named mary means of transportation in the United and destitute by the Salvadoran civil war; after or dedicated to Sisters Maura Clarke, States; Whereas these 4 churchwomen from the Ita Ford, Dorothy Kazel, and lay missionary Whereas everyone on the roads and high- United States joined the more than 70,000 ci- Jean Donovan; ways needs to drive more safely to reduce vilians who were murdered during the course Whereas the Maryknoll Sisters, deaths and injuries resulting from motor ve- of the Salvadoran civil war; headquartered in Ossining, New York, the hicle accidents; Whereas on May 23 and May 24, 1984, 5 Ursuline Sisters, headquartered in Cleve- Whereas the death of almost 43,000 people a members of the National Guard of El Sal- land, Ohio, numerous religious task forces in year in more than 6 million highway crashes vador, including Subsergeant Luis Antonio the United States, and the Salvadoran and

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13399 international religious communities based in Whereas the Education for All Handi- outcomes and enhance independent living El Salvador annually commemorate the lives capped Children Act of 1975 established the skills; and martyrdom of the 4 churchwomen from Federal priority of ensuring that all chil- Whereas the Individuals with Disabilities the United States; dren, regardless of the nature or severity of Education Improvement Act of 2004 protects Whereas the historic January 1992 Peace their disability, have available to them a the procedural safeguards that guarantee the Accords ended 12 years of civil war and have free appropriate public education in the least rights of children with disabilities to a free allowed the Government and the people of El restrictive environment; and appropriate public education while es- Salvador to achieve significant progress in Whereas the Education of the Handicapped tablishing mechanisms for parents and creating and strengthening democratic, po- Act was further amended by the Education schools to resolve disagreements about edu- litical, economic, and social institutions; of the Handicapped Act Amendments of 1986 cational planning and the implementation of and (Public Law 99–457) to create a preschool such planning, thus reducing unnecessary Whereas December 2, 2005, marks the 25th grant program for children with disabilities litigation; anniversary of the deaths of these 4 spir- aged 3 through 5 and an early intervention Whereas the Individuals with Disabilities itual, courageous, and generous church- program for infants and toddlers with dis- Education Improvement Act of 2004 con- women from the United States: Now, there- abilities under 3 years of age and their fami- tinues to ensure that all students with dis- fore, be it lies; abilities receive the services and supports Resolved, That the Senate— Whereas the Education of the Handicapped necessary in order to achieve positive edu- (1) remembers and commemorates the lives Act Amendments of 1990 (Public Law 101–476) cational outcomes in both public and private and work of Sisters Maura Clarke, Ita Ford, renamed the Education of the Handicapped educational settings; and Dorothy Kazel and lay missionary Jean Act as the Individuals with Disabilities Edu- Whereas the Individuals with Disabilities Donovan; cation Act (referred to in this resolution as Education Improvement Act of 2004 ensures (2) extends sympathy and support for the ‘‘IDEA’’) (20 U.S.C. 1400 et seq.); that the vast majority of IDEA funds will go families, friends, and religious communities Whereas IDEA currently serves an esti- directly to the classroom and provides of the 4 churchwomen from the United mated 269,000 infants and toddlers, 679,000 States and local educational agencies addi- States; preschoolers, and 6,000,000 children aged 6 to tional flexibility to provide for the costs of (3) continues to find inspiration in the 21; educating high need children with disabil- lives and work of these 4 churchwomen from Whereas IDEA has helped reduce the num- ities; the United States; ber of children with developmental disabil- Whereas IDEA has supported, through its (4) calls upon the people of the United ities who must live in State institutions discretionary programs, 3 decades of re- States and religious congregations to par- away from their families; search, demonstration, and personnel prepa- ticipate in local, national, and international Whereas the number of children with dis- ration in effective practices for educating events commemorating the 25th anniversary abilities who complete high school with children with disabilities, enabling teachers, of the martyrdom of the 4 churchwomen standard diplomas has grown significantly related services providers, and other edu- from the United States; since the enactment of IDEA; cators to effectively meet the educational (5) recognizes that while progress has been Whereas more students with disabilities and developmental needs of all children; made during the post-war period, the work are participating in national and State test- Whereas Federal and State governments begun by the 4 churchwomen from the ing programs, and graduation rates for stu- support effective, research-based practices in United States remains unfinished and social dents with disabilities are continuously ris- the classroom to ensure appropriate services and economic hardships persist among many ing, since the enactment of IDEA; and supports for children with disabilities; sectors of Salvadoran society; and Whereas the number of children with dis- and (6) calls upon the President, the Secretary abilities who enroll in college as freshmen Whereas IDEA continues to marshal the of State, the Administrator of the United has more than tripled since the enactment of resources of this Nation to implement the States Agency for International Develop- IDEA; promise of full participation in society for ment, and the heads of other Government de- Whereas IDEA promotes partnerships be- children with disabilities: Now, therefore, be partments and agencies to continue to sup- tween parents of children with disabilities it Resolved, That the Senate— port and collaborate with the Government of and education professionals in the design and (1) recognizes the 30th anniversary of the El Salvador and with private sector, non- implementation of the special education and enactment of the Education for All Handi- governmental, and religious organizations in related services provided to children with capped Children Act of 1975 (Public Law 94– their efforts to reduce poverty and hunger disabilities; 142); and to promote educational opportunity, Whereas the integration of students with (2) acknowledges the many and varied con- health care, and social equity for the people disabilities in the classroom, learning along- tributions of children with disabilities and of El Salvador. side their peers without disabilities, has their parents, teachers, related services pro- f heightened the Nation’s awareness of the viders, and other educators; and needs and capabilities of students with dis- SENATE RESOLUTION 328—RECOG- (3) reaffirms the commitment of Congress abilities; to the Individuals with Disabilities Edu- NIZING THE 30TH ANNIVERSARY Whereas the Individuals with Disabilities cation Act (20 U.S.C. 1400 et seq.) so that all OF THE ENACTMENT OF THE Education Improvement Act of 2004 (Public children with disabilities receive a free ap- EDUCATION FOR ALL HANDI- Law 108–446) reauthorizes IDEA and ensures propriate public education. CAPPED CHILDREN ACT OF 1975 that children with disabilities are guaran- Mr. ENZI. Mr. President, I rise today AND REAFFIRMING THE COMMIT- teed a quality education based on the high to introduce a resolution that recog- MENT OF CONGRESS TO THE IN- academic standards required under the Ele- mentary and Secondary Education Act of nizes the 30th anniversary of the enact- DIVIDUALS WITH DISABILITIES ment of the predecessor to the Individ- EDUCATION ACT SO THAT ALL 1965 (20 U.S.C. 6301 et seq.), as amended by the No Child Left Behind Act of 2001 (Public uals with Disabilities Education Act, CHILDREN WITH DISABILITIES Law 107–110); IDEA, to commemorate its passage, RECEIVE A FREE APPROPRIATE Whereas the Individuals with Disabilities commend its many authors, and sug- PUBLIC EDUCATION IN THE Education Improvement Act of 2004 strength- gest some actions we should take to LEAST RESTRICTIVE ENVIRON- ens IDEA’s focus on the educational results protect, preserve, and advance its leg- MENT of children with disabilities and better pre- acy as a vital component of our laws on pares those children for further education Mr. ENZI (for himself, Mr. KENNEDY, beyond high school or employment; education and civil rights. Mr. ROBERTS, Mr. REED, Mr. BURR, Mr. Whereas the Individuals with Disabilities On November 29, 1975, President Ger- JEFFORDS, Mr. GREGG, Mrs. MURRAY, Education Improvement Act of 2004 further ald Ford signed into law the Education Mr. HATCH, Mrs. CLINTON, Mr. DEWINE, enables special education teachers, related for All Handicapped Children Act, a Mr. BINGAMAN, Ms. MIKULSKI, Mr. HAR- services providers, other educators, and landmark piece of legislation that re- KIN, and Mr. DODD) submitted the fol- State and local educational agencies to focus flected America’s fundamental and lowing resolution; which was referred on promoting the academic and functional continuing concern for education and to the Committee on Health, Edu- achievement of children with disabilities; human rights. This legislation re- Whereas the Individuals with Disabilities affirmed the most basic values of our cation, Labor, and Pensions: Education Improvement Act of 2004 places a S. RES. 328 democracy by extending education and new priority on providing students with dis- civil rights protections to individuals Whereas the Education for All Handi- abilities with positive behavioral supports capped Children Act of 1975 (Public Law 94– through school-wide interventions; with disabilities. As we celebrate the 142) was signed into law 30 years ago on No- Whereas the Individuals with Disabilities anniversary of the IDEA’s enactment, vember 29, 1975, and amended the State grant Education Improvement Act of 2004 enables it is, like all anniversaries, an appro- program under part B of the Education of students with disabilities, through the power priate time to both recount the past the Handicapped Act; of technology, to achieve better educational and contemplate the future.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13400 CONGRESSIONAL RECORD — SENATE November 18, 2005 Before 1700, there was little tolera- abilities. According to the Department It is fitting that today, in this place, tion for anyone who was different. Per- of Education, IDEA currently serves al- we recognize and celebrate the anniver- sons with disabilities were often most 7 million schoolchildren, pre- sary of legislation that says so much abused, condemned as incapable of schoolers, and infants and toddlers about who we are as a people and what being able to participate in social ac- with disabilities along side their coun- we stand for as a nation when it comes tivities, and simply forgotten. In 1817, terparts without disabilities. What was to educating all of our citizens. It is Thomas Hopkins Gallaudet, a teacher unheard of 30 years ago is now a reality the responsibility of those of us who of individuals who are deaf, opened a for millions of students with disabil- follow to ensure that the brightness school for people who are deaf in Con- ities across the Nation: a right to re- never fades, the promise of opportunity necticut. This was the first school in ceiving a free and appropriate edu- never wanes, and our rights to edu- America designed to serve individuals cation in their neighborhood school. cation, life, liberty, and the pursuit of with disabilities. In 1850, at a time Because of IDEA and other similar happiness apply equally and fully to all when most caregivers believed that laws, the education that students with Americans, including those with dis- persons with disabilities needed to live disabilities are receiving is providing abilities. in institutions apart from their fami- such individuals with the skills nec- f lies, a school for youth with cognitive essary to succeed in postsecondary en- SENATE RESOLUTION 329—CON- disabilities was opened in Massachu- vironments, work, pay taxes, live inde- GRATULATING COACH BILL SNY- setts. pendently, and pursue the American DER FOR HIS ACHIEVEMENTS In the late 1800s, the number of chil- dream. DURING 17 YEARS AS THE HEAD dren with disabilities attending public However, anniversaries are not just FOOTBALL COACH OF THE KAN- schools increased dramatically due to for looking back, and celebrating the SAS STATE UNIVERSITY WILD- education and child labor laws. Many achievements of the past. They must CATS public schools developed special edu- also be an occasion for looking forward cation for children with disabilities, in anticipation of the challenges that Mr. ROBERTS (for himself and Mr. however, this usually involved creating still lie before us. All involved should BROWNBACK) submitted the following separate classes. In 1899, Michigan was be proud of the accomplishments em- resolution; which was referred to the the first State to introduce these class- bodied in the Individuals with Disabil- Committee on the Judiciary: es statewide, and by the 1920s, special ities Education Act, but no one should S. RES. 329 education had become well established believe our work is done. Indeed, there Whereas, on November 30, 1998, Bill Snyder throughout the Nation. is still more to do. was named as the 32nd football coach at Kan- For the next 50 years, special edu- A report issued by the Institute for sas State University; cation took place mostly in isolated Higher Education Policy in 2004 focus- Whereas upon his hiring, Kansas State had ing on the education level of students experienced years of unsuccessful seasons classrooms where children with disabil- and in the 52 years prior to his hiring, the ities seldom mixed with their non- with disabilities in the United States contains some disturbing data. It notes Kansas State University football team had a disabled peers. It is against this back- combined record of only 134 wins; drop that advocates in the disability that while 91 percent of the general Whereas Bill Snyder directed and orches- community worked tirelessly to affect adult population has a high school di- trated a football program success and turn- the passage of the Individuals with Dis- ploma, only 78 percent of adults with around that is now considered by many to be abilities Education Act. It is also disabilities do. Even more disturbing is the greatest in the history of collegiate ath- against this backdrop that this Con- the fact that only 57 percent of youths letics; Whereas Bill Snyder coached the Kansas gress had the wisdom and under- with disabilities received standard high school diplomas. Although the 78 per- State Wildcats to 11 consecutive postseason standing to fully comprehend the na- bowl appearances; ture of the problem and the resolve and cent graduation rate represents a sig- nificantly higher rate than 15 years Whereas the teams coached by Bill Snyder determination to act. Similar to May ago, it remains inadequate, and signifi- became the second program in college foot- 17, 1954, when the U.S. Supreme Court ball history to win 11 games, 6 times in a 7 cantly behind the rate for individuals announced the Brown v. the Board of year time span; without disabilities. Whereas the teams coached by Bill Snyder Education decision that ‘‘separate edu- The National Educational Longitu- cational facilities are inherently un- won the Big 12 North Division title on 4 oc- dinal Study reported in 2000 that 73 casions and appeared in 3 Big 12 Champion- equal’’ with the signing of the Edu- percent of high school graduates with ship games; cation for All Handicapped Children disabilities enrolled in some form of Whereas the 2003 team coached by Bill Act, families, Congress, and the Presi- postsecondary education compared to Snyder was crowned the Big 12 Champion; dent believed that a segregated form of 84 percent of their peers without dis- Whereas Bill Snyder coached 42 National education for students with disabilities abilities. However, students with dis- Football League draft picks, 45 All-America was inappropriate and narrowed what abilities who were highly qualified aca- selections, and 68 first team all-conference children with disabilities could learn honorees at Kansas State University; demically enrolled in 4-year colleges at Whereas Bill Snyder was named National and become in society. the same rate, 79 percent, as their As President Ford noted when he Coach of the year in 1991, 1994, and 1998; peers without disabilities. Whereas Bill Snyder was named the Bear signed the Education for the Handi- The lesson here is a simple one. When Bryant and Football Writers Association of capped Act into law: ‘‘Everyone can we believe in and have high expecta- America National Coach of the year in 1998; agree with the objective stated in the tions for all Americans, Americans Whereas in the best sense of collegiate ath- title of this bill—educating all handi- with disabilities can compete at the letics, Bill Snyder has been a mentor and, capped children in our Nation.’’ IDEA same level as Americans without dis- through his own actions, taught leadership was advanced on the equally simple abilities. With the passage of the No and personal responsibility to young men; and equally compelling notion that Child Left Behind Act, the Individuals Whereas Bill Snyder has changed the segregation was not the answer and all with Disabilities Education Act, and course of history at Kansas State University, including contributing to an increased en- people should have the opportunity to possibilities available within the soon rollment from 18,120 at his hiring in 1988 to receive a free and appropriate public to be reauthorized Higher Education nearly 24,000 in 2005; education. It is therefore fitting that Act, we have the opportunity to make Whereas Bill Snyder and his family have we take a moment to remember all significant strides and further level the given of themselves and contributed numer- those men and women who worked playing field. As elected officials, it is ous hours and resources to charitable causes with such purposefulness and passion our responsibility to ensure that stu- throughout the State of Kansas to the bet- to ensure that such a simple yet endur- dents, teachers, school systems, and terment of numerous individuals and the ing value of our culture was properly teacher education programs are all State as a whole; Whereas Bill Snyder has instilled a new reflected in our education laws. held to high standards, improving the sense of pride in the State for all current and Since the passage of the IDEA, we education levels, graduation rates, and native Kansans; have seen significant improvements in postsecondary achievements of all stu- Whereas Bill Snyder currently ranks as the the educational employment and eco- dents, including students with disabil- most successful coach in Kansas State Uni- nomic well-being of citizens with dis- ities. versity history with 135 wins;

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13401 Whereas the Kansas State Board of Re- The coaches that first started their loved it and lived it. It has been a gents has recognized the contributions of careers at K-State under Coach Snyder grand experience. When K-State goes Coach Bill Snyder and his family to the now read like a ‘‘Who’s Who’’ in college to a bowl game, 25,000 to 30,000 diehard State of Kansas and Kansas State University football. fans are in attendance, win or lose. by renaming the football stadium ‘‘Bill Sny- But great as those and the rest of the der Family Football Stadium’’; and Bill Snyder and his wife Sharon and records are, that does not really tell Whereas the contributions of Bill Snyder their family gave K-State their all and the Bill Snyder story. Simply put, this to Kansas State University, the State of Coach Snyder has given us all pride, Kansas, and countless young adults are wor- is a man who restored and instilled a new sense of pride in a university and self esteem, and confidence. It has been thy of honor and recognition: Now, there- one heck of a trail ride for me and my fore, be it throughout our State. This is a man Resolved, That the Senate— and his family who have given of them- family as I know it has been for count- (1) congratulates Coach Bill Snyder and his selves and contributed countless hours less others. family upon his planned retirement on No- and resources to charitable causes I just don’t know of anyone in their vember 19, 2005, as the most successful coach chosen profession who has made more in Kansas State University history with a throughout Kansas. current record of 135 wins; With all of his successes and at- of a difference in so many people’s lives (2) commends Coach Bill Snyder for his tributes, this is a man who is humble, than Coach Snyder. Simply put, Bill mentoring and teaching of leadership and self effacing, soft spoken, and who Snyder has been a class act and then values to young men; knows you can get a lot more done if some and collegiate sports, Kansas (3) commends Coach Bill Snyder and his you don’t care who gets the credit. State University, the State of Kansas family for their selfless support of Kansas In many ways, Bill Snyder is a pri- and his players and fans have been the State University and their charitable activi- vate man who has God given ability to beneficiaries. ties throughout the State of Kansas, while inspire others in the public arena. He Thanks Coach. ‘‘Every Man A Wild- displaying the heartland values of honesty, has taught his players that in the cat!’’ integrity, and humility; and games of football and life, success is (4) respectfully directs the Enrolling Clerk never final, failure is never fatal and of the Senate to transmit an enrolled copy of f this resolution to— that in the end its courage that counts. By his example, he showed them the (A) Bill Snyder and his family; and SENATE CONCURRENT RESOLU- (B) Kansas State University President Jon attributes of honesty, character and TION 67—URGING JAPAN TO Wefald. reputation are not old fashioned. On HONOR ITS COMMITMENTS Mr. ROBERTS. Mr. President, today the playing field and in life he instilled UNDER THE 1986 MARKET-ORI- I am submitting a Senate Resolution the truism that if you don’t drop the ENTED SECTOR-SELECTIVE commending the contributions and ball you won’t have to complain about record of a most unique and deserving the way the ball bounces. The same is (MOSS) AGREEMENT ON MED- man, the retiring football coach of true regarding his individual player ICAL EQUIPMENT AND PHARMA- Kansas State University Wildcats, Bill marching orders, never say bad things CEUTICALS, AND FOR OTHER Snyder. about your opponent win or lose, take PURPOSES I suppose some, especially non sports care of your self, conduct yourself in Mr. COLEMAN submitted the fol- fans, might raise an eyebrow or ques- your best interests and that of your lowing concurrent resolution; which tion a Senate Resolution congratu- university and teammates. A coach on was referred to the Committee on For- lating a football coach, no matter how the field and a coach in life. eign Relations: successful in wins and losses—after all, I want to get back and emphasize as some have said, ‘‘it’s only a game.’’ this restoring pride achievement on a S. CON. RES. 67 But in the case of Coach Bill Snyder more personal basis. I know my exam- Whereas the revolution in medical tech- his contributions transcend his out- ple is replete with similar experiences nology has improved our ability to respond standing record of wins and losses; with the thousands of families who to emerging threats and prevent, identify, they represent being a mentor and make up what is now referred to in the treat, and cure a broad range of diseases and disabilities, and has the proven potential to teacher of leadership and values to sports pages as the ‘‘Wildcat Nation.’’ bring even more valuable advances in the fu- young men during a time when colle- My Dad was a proud graduate of Kan- ture; giate athletics and sports in general sas State as I was and my son attended Whereas medical technology has driven face challenge after challenge involv- Kansas State—three generations. dramatic productivity gains for the benefit ing unbecoming conduct and worse. Sports fans and devoted K-State alum- of patients, providers, employers, and our Coach Snyder’s contribution—football ni all, we went through what many economy; is a game of course but in the case of loyal K-Stater’s call the decades of Whereas investment from the United Bill Snyder one of his greatest con- Death Valley Days, seasons of defeat, States medical technology industry produces tributions has been to enable young seasons of eternal optimism always the majority of the $220,000,000,000 global tempered, if not shattered by the re- business in development of medical devices, men to win in the game of life by being diagnostic products, and medical informa- responsible citizens. ality of yet another loss. There were tion systems, allowing patients to lead And, this unique ability on the ath- some average seasons, a few good sea- longer, healthier, and more productive lives; letic field became a catalyst for alumni sons, but ‘‘depths of despair’’ would not Whereas the United States medical tech- interest and a renewal of financial sup- be an understatement for many of the nology industry supports almost 350,000 port throughout the university ena- faithful who endured and endured and Americans in high-value jobs located in bling all students in all academic fields endured. And, the defeats somehow be- every State, and was historically a key in- to benefit. came interwoven with the fabric of our dustry, as it was a net contributor to the Much has been said in Kansas and alma mater and apologies for psycho- United States balance of trade with Japan, throughout the football sports world logical exaggeration but even into the which was a trade surplus of over about the amazing turnaround Coach $7,000,000,000 in 2001, and continued to be a psyche of being a K-State graduate and surplus until 2005, when the trade balance be- Snyder achieved at K-State; directing our self worth. came a trade deficit of $1,300,000,000, due in and orchestrating a football program And then came President Jon Wefald part to changes in the policies of Japan that success story that is now considered by and then came Bill Snyder and both impact medical devices; many to be the greatest in the history men grabbed K-State by the collar and Whereas Japan is one of the most impor- of collegiate athletics. said: Enough, we’re going to win both tant trading partners of the United States; The record in the resolution I have academically and on the athletic field. Whereas United States products account introduced speaks for itself; three time And, wonder of wonders, they did just for roughly 1⁄2 of the global market, but gar- 1 national coach of the year, 11 post sea- that. ner only a ⁄4 share of Japan’s market; son bowl games, only the second pro- Sports writers have called it a mir- Whereas Japan has made little progress in implementing its commitments to cut prod- gram in college football history to win acle. To many diehard K-State fans uct review times and improve their reim- 11 games, 6 times in a 7-year time span, that was not an understatement. Win- bursement system in bilateral consultations 42 NFL draft picks, 45 All America se- ning season followed winning season on policy changes under the Market-Oriented lections, and 68 first team all con- and generations of alumni witnessed Sector-Selective (MOSS) Agreement on Med- ference players. That is quite a record. this success story took it to heart, ical Equipment and Pharmaceuticals, signed

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13402 CONGRESSIONAL RECORD — SENATE November 18, 2005 on January 9, 1986, between the United support its bid to become a member of blood pump, anesthesia monitor and States and Japan; the U.N. Security Council. many more examples. The success we Whereas, although regulatory reviews in As with any partnership, the U.S. and have had in Minnesota is also indic- Japan remain among the lengthiest in the Japan face the occasional challenges to world and Japan needs to accelerate patient ative of the positive trends that have access to safe and beneficial medical tech- this cooperation. One might argue this been experienced by the entire industry nologies, recently adopted measures actually is an opportunity for the U.S. and throughout the U.S. increase regulatory burdens on manufactur- Japan to strengthen their partnership The positive trends of American med- ers and delay access without enhancing pa- and increase collaboration and trade. ical technology companies’ perform- tient safety; The time is now to push this coopera- ance in domestic and international Whereas the general cost of doing business tion. However, I am concerned about a markets are not reflected in their expe- in Japan is the highest in the world and is threat to our trade relationship with rience with the Japanese market. The driven significantly higher by certain factors Japan based on our medical technology in the medical technology sector, and ineffi- fact of the matter is that U.S. medical ciencies in Japanese distribution networks industry’s market access in Japan. It is technology companies are discrimi- and hospital payment systems and unique crucial to my State of Minnesota that nated by Japanese policies. There are regulatory burdens drive up the cost of we have access to this market and to numerous examples of these policies, bringing innovations to Japanese consumers our country. but I will only briefly mention a few. and impede patient access to life-saving and Last Congress, I submitted a resolu- Japan has adopted a foreign reference life-enhancing medical technologies; tion in the Senate expressing my con- pricing system to reduce reimburse- Whereas artificial government price caps cern that discriminatory practices and such as the foreign average price policy ment prices in Japan’s health system, systematic barriers have limited the a tool long opposed by the U.S. Govern- adopted by the Government of Japan in 2002 ability of the U.S. medical device in- restrict patient access and fail to recognize ment and the medical technology in- the value of innovation; dustry to introduce new technologies dustry. This system calls for the estab- 1 into the Japanese healthcare system. Whereas less than ⁄10 of 1 percent of the lishment and revision of reimburse- tens of thousands of medical technologies in- Today, I am resubmitting similar reso- ment rates on the basis of prices paid troduced in Japan in the last 10 years re- lution. I am concerned that insufficient for medical technology products in the ceived new product pricing; progress has been made by the Japa- U.S., France, Germany, and the U.K. Whereas the Government of Japan has nese to address policies that penalize adopted artificial price caps that are tar- This pricing policy therefore fails to American companies and ultimately account for the high costs of bringing geted toward technologies predominately prevent Japanese citizens from receiv- marketed by companies from the United advanced technologies to the Japanese States and is considering further cuts to ing the most advanced healthcare. market, and instead bases prices on ar- This resolution recognizes that med- these products; and bitrary conditions that exist outside of ical technology has driven dramatic Whereas these discriminatory pricing poli- Japan. cies will allow the Japanese Government to productivity gains for the benefit of pa- take advantage of research and development tients, providers, employers and our In addition, Japan’s system for ap- from the United States: Now, therefore, be it economy. It also states that Japan is proving the use of new medical tech- Resolved by the Senate (the House of Rep- one of the most important trading nologies is the slowest and most costly resentatives concurring), That Congress— partners of the U.S., and urges Japan in the developed world. The backlog in (1) urges Japan to honor its commitments processing applications for medical under the Market-Oriented Sector-Selective to honor its commitments under the Market-Oriented, Sector Specific, technology products is staggering, and (MOSS) Agreement on Medical Equipment may be primarily related to the lack of and Pharmaceuticals, signed on January 9, MOSS Agreement. This agreement 1986, between the United States and Japan calls on the Japanese to improve the staff dedicated towards the review of (in this resolution referred to as the ‘‘MOSS reimbursement environment for med- applications. Importantly, the end re- Agreement’’), by— ical technologies by actively pro- sult has been that the medical tech- (A) reducing regulatory barriers to the ap- moting pricing policies that encourage nologies used to treat patients in proval and adoption of new medical tech- Japan are often several generations be- nologies; and innovation and eliminating policies based on inappropriate comparisons to hind the products utilized in the U.S. (B) meeting or exceeding agency perform- These and other regulatory hurdles ance goals for premarket approvals and markets outside Japan. adopting an appropriate, risk-based Discriminatory practices targeting embedded in the Japanese medical postmarket system consistent with globally the medical device industry directly af- technology industry conflict with regu- accepted practices; fect my state and many of my con- latory commitments made to the U.S. (2) urges Japan to honor its commitments stituents. This is due to the fact that under the MOSS trade agreement. under the MOSS Agreement to improve the Minnesota is the proud home to a They also contradict the philosophy reimbursement environment for medical thriving medical technology industry. underpinning the Global Harmoni- technologies by actively promoting pricing Minnesota’s medical alley is a rich cor- zation Task Force, to which the U.S., policies that encourage innovation for the Europe and Japan are a party. Even benefit of Japanese patients and the Japa- ridor of more than 8,000 medical-re- nese economy and eliminating reimburse- lated companies—12 percent of our our friends need to be held accountable ment policies based on inappropriate com- workforce—and is home to over 520 to the agreements they sign, otherwise parisons to markets outside Japan; and FDA-registered medical technology they become less valuable than the (3) urges Japan to honor its commitments manufacturers. Employment in the in- paper they are printed on. under the MOSS Agreement by— dustry increased 33 percent from 1991 I urge our friends in the Japanese (A) implementing fair and open processes to 2001, adding over 23,000 jobs to the Government to take aggressive action and rules that do not disproportionately to remedy this clearly unfavorable sit- harm medical technology products from the State of Minnesota. The jobs produced United States; and by the medical technology industry uation. Non-tariff regulatory and reim- (B) providing opportunities for consulta- represent a lucrative opportunity for bursement policies discriminate U.S. tion with trading partners. my constituents, as the aggregate fig- manufacturers. While these policies Mr. COLEMAN. Mr. President, we ure for wages exceeds $1.3 billion an av- hurt U.S. manufacturers’ economi- share a strategic and important rela- erage of over $56,000 per employee. cally, ultimately the biggest losers of tionship with Japan. A relationship The benefits that Minnesota has de- these policies are Japanese patients. that has proven to be vital for both rived from being home to a flourishing Innovative medical technologies offer countries, as we enhance our collabora- medical technology industry are well- the possibility of key health solutions tion on everything from economic pur- deserved and a product of hard work. to all nations, including those that suits to our joint national security in- Minnesota ranks second only to Cali- face severe health care budget con- terests. On all of these fronts Japan fornia in device companies, and our straints and the demands of aging pop- has demonstrated that it is both a State is home to many technology ulations. Past experience has dem- committed partner of the U.S. as well firsts: the first implantable cardiac onstrated that the U.S. and Japan are as a global leader in its own right. It is pacemaker, artificial heart valve, able to overcome challenges that arise because Japan has demonstrated its implantable drug transfusion pump, in our relationship, thus making it leadership on the global stage that I wireless cardiac monitoring system, stronger. I think that both countries

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13403 stand to gain significantly if the prin- States and is considering further cuts to LEAHY, and Mr. LEVIN) proposed an ciples of the resolution I am presenting these products; and amendment to the joint resolution H.J. today are upheld. Whereas these discriminatory pricing poli- Res. 72, Official Title Not Available; as cies will allow the Japanese Government to follows: I urge my fellow colleagues to join take advantage of research and development me in Japan to honor its commitments from the United States: Now, therefore, be it At the end of the resolution, insert the fol- under the 1986 Market-Oriented Sector- Resolved by the Senate (the House of Rep- lowing: Selective, MOSS, Agreement on Med- resentatives concurring), That Congress— SEC. 2. COMMUNITY SERVICES BLOCK GRANT ACT. ical Equipment and Pharmaceuticals (1) urges Japan to honor its commitments Notwithstanding section 101 of Public Law by supporting this resolution. under the Market-Oriented Sector-Selective (MOSS) Agreement on Medical Equipment 109–77, for the period beginning on October 1, S. CON. RES. 67 and Pharmaceuticals, signed on January 9, 2005 and ending on December 17, 2005, the amount appropriated under that Public Law Whereas the revolution in medical tech- 1986, between the United States and Japan to carry out the Community Services Block nology has improved our ability to respond (in this resolution referred to as the ‘‘MOSS Grant Act shall be based on a rate for oper- to emerging threats and prevent, identify, Agreement’’), by— ations that is not less than the rate for oper- treat, and cure a broad range of diseases and (A) reducing regulatory barriers to the ap- ations for activities carried out under such disabilities, and has the proven potential to proval and adoption of new medical tech- Act for fiscal year 2005. bring even more valuable advances in the fu- nologies; and (B) meeting or exceeding agency perform- ture; Mrs. HUTCHISON (for Mr. Whereas medical technology has driven ance goals for premarket approvals and SA 2673. dramatic productivity gains for the benefit adopting an appropriate, risk-based SHELBY) proposed an amendment to the of patients, providers, employers, and our postmarket system consistent with globally bill H.R. 4133, to temporarily increase economy; accepted practices; the borrowing authority of the Federal Whereas investment from the United (2) urges Japan to honor its commitments Emergency Management Agency for States medical technology industry produces under the MOSS Agreement to improve the carrying out the national flood insur- reimbursement environment for medical the majority of the $220,000,000,000 global ance program; as follows: business in development of medical devices, technologies by actively promoting pricing On page 2 line 12, strike ‘‘8,500,000,000’’ and diagnostic products, and medical informa- policies that encourage innovation for the insert ‘‘18,500,000,000’’. tion systems, allowing patients to lead benefit of Japanese patients and the Japa- At the end insert the following: longer, healthier, and more productive lives; nese economy and eliminating reimburse- Whereas the United States medical tech- ment policies based on inappropriate com- ‘‘SEC. 3 EMERGENCY SPENDING. nology industry supports almost 350,000 parisons to markets outside Japan; and ‘‘The Amendment made under section 2 is Americans in high-value jobs located in (3) urges Japan to honor its commitments designated as emergency spending, as pro- every State, and was historically a key in- under the MOSS Agreement by— vided under section 402 of H. Con. Res. 95 dustry, as it was a net contributor to the (A) implementing fair and open processes (109th Congress).’’ United States balance of trade with Japan, and rules that do not disproportionately which was a trade surplus of over harm medical technology products from the SA 2674. Mr. MCCONNELL (for Mr. $7,000,000,000 in 2001, and continued to be a United States; and BROWNBACK) proposed an amendment surplus until 2005, when the trade balance be- (B) providing opportunities for consulta- to the bill S. 1462, to promote peace came a trade deficit of $1,300,000,000, due in tion with trading partners. and accountability in Sudan, and for part to changes in the policies of Japan that f other purposes; as follows: impact medical devices; AMENDMENTS SUBMITTED AND Strike all after the enacting clause and in- Whereas Japan is one of the most impor- sert the following: tant trading partners of the United States; PROPOSED SECTION 1. SHORT TITLE. Whereas United States products account SA 2672. Mr. HARKIN (for himself, Mr. JEF- This Act may be cited as the ‘‘Darfur for roughly 1⁄2 of the global market, but gar- FORDS, Mr. KENNEDY, Mr. BINGAMAN, Ms. Peace and Accountability Act of 2005’’. ner only a 1⁄4 share of Japan’s market; STABENOW, Ms. MIKULSKI, Mr. LAUTENBERG, SEC. 2. DEFINITIONS. Whereas Japan has made little progress in Mr. ROCKEFELLER, Mr. AKAKA, Mr. KERRY, implementing its commitments to cut prod- Mr. PRYOR, Mr. CARPER, Mr. KOHL, Mr. In this Act: uct review times and improve their reim- LEAHY, and Mr. LEVIN) proposed an amend- (1) APPROPRIATE CONGRESSIONAL COMMIT- bursement system in bilateral consultations ment to the joint resolution H.J. Res. 72, Of- TEES.—The term ‘‘appropriate congressional on policy changes under the Market-Oriented ficial Title Not Available. committees’’ means the Committee on Inter- Sector-Selective (MOSS) Agreement on Med- SA 2673. Mrs. HUTCHISON (for Mr. national Relations of the House of Rep- ical Equipment and Pharmaceuticals, signed SHELBY) proposed an amendment to the bill resentatives and the Committee on Foreign on January 9, 1986, between the United H.R. 4133, to temporarily increase the bor- Relations of the Senate. States and Japan; rowing authority of the Federal Emergency (2) GOVERNMENT OF SUDAN.— Whereas, although regulatory reviews in Management Agency for carrying out the na- (A) IN GENERAL.—The term ‘‘Government Japan remain among the lengthiest in the tional flood insurance program. of Sudan’’ means the National Congress world and Japan needs to accelerate patient SA 2674. Mr. MCCONNELL (for Mr. BROWN- Party, formerly known as the National Is- access to safe and beneficial medical tech- BACK) proposed an amendment to the bill S. lamic Front, government in Khartoum, nologies, recently adopted measures actually 1462, to promote peace and accountability in Sudan, or any successor government formed increase regulatory burdens on manufactur- Sudan, and for other purposes. on or after the date of the enactment of this ers and delay access without enhancing pa- SA 2675. Mr. MCCONNELL (for Mr. PRYOR) Act (including the coalition National Unity tient safety; proposed an amendment to the bill H.R. 358, Government agreed upon in the Comprehen- Whereas the general cost of doing business to require the Secretary of the Treasury to sive Peace Agreement for Sudan), except in Japan is the highest in the world and is mint coins in commemoration of the 50th an- that such term does not include the regional driven significantly higher by certain factors niversary of the desegregation of the Little Government of Southern Sudan. in the medical technology sector, and ineffi- Rock Central High School in Little Rock, (B) OFFICIALS OF THE GOVERNMENT OF ciencies in Japanese distribution networks Arkansas, and for other purposes. SUDAN.—The term ‘‘Government of Sudan’’, and hospital payment systems and unique SA 2676. Mr. MCCONNELL (for Mr. when used with respect to an official of the regulatory burdens drive up the cost of SUNUNU) proposed an amendment to the bill Government of Sudan, does not include an bringing innovations to Japanese consumers S. 1047, to require the Secretary of the Treas- individual— and impede patient access to life-saving and ury to mint coins in commemoration of each (i) who was not a member of such govern- life-enhancing medical technologies; of the Nation’s past Presidents and their ment prior to July 1, 2005; or Whereas artificial government price caps spouses, respectively to improve circulation (ii) who is a member of the regional Gov- such as the foreign average price policy of the $1 coin, to create a new bullion coin, ernment of Southern Sudan. adopted by the Government of Japan in 2002 and for other purposes. (3) COMPREHENSIVE PEACE AGREEMENT FOR SUDAN.—The term ‘‘Comprehensive Peace restrict patient access and fail to recognize f the value of innovation; Agreement for Sudan’’ means the peace Whereas less than 1⁄10 of 1 percent of the TEXT OF AMENDMENTS agreement signed by the Government of Sudan and the Sudan People’s Liberation tens of thousands of medical technologies in- SA 2672. Mr. HARKIN (for himself, troduced in Japan in the last 10 years re- Movement/Army (SPLM/A) in Nairobi, Mr. JEFFORDS, Mr. KENNEDY, Mr. ceived new product pricing; Kenya, on January 9, 2005. Whereas the Government of Japan has BINGAMAN, Ms. STABENOW, Ms. MIKUL- SEC. 3. FINDINGS. adopted artificial price caps that are tar- SKI, Mr. LAUTENBERG, Mr. ROCKE- Congress makes the following findings: geted toward technologies predominately FELLER, Mr. AKAKA, Mr. KERRY, Mr. (1) On July 22, 2004, the House of Rep- marketed by companies from the United PRYOR, Mr. CARPER, Mr. KOHL, Mr. resentatives and the Senate declared that

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13404 CONGRESSIONAL RECORD — SENATE November 18, 2005 the atrocities occurring in the Darfur region Resolution 1591, extending the military em- leges of membership by the General Assem- of Sudan are genocide. bargo established by Security Council Reso- bly until such time as the Government of (2) On September 9, 2004, Secretary of State lution 1556 to all the parties to the Sudan has honored pledges to cease attacks Colin L. Powell stated before the Committee N’djamena Ceasefire Agreement and any upon civilians, demobilize the Janjaweed and on Foreign Relations of the Senate, ‘‘geno- other belligerents in the states of North associated militias, grant free and unfet- cide has been committed in Darfur and. . . the Darfur, South Darfur, and West Darfur, call- tered access for deliveries of humanitarian Government of Sudan and the [Janjaweed] ing for an asset freeze and travel ban against assistance in the Darfur region, and allow for bear responsibility—and genocide may still those individuals who impede the peace proc- safe, unimpeded, and voluntary return of ref- be occurring’’. ess, constitute a threat to stability in Darfur ugees and internally displaced persons; (3) On September 21, 2004, in an address be- and the region, commit violations of inter- (7) the President should use all necessary fore the United Nations General Assembly, national humanitarian or human rights law and appropriate diplomatic means to ensure President George W. Bush affirmed the Sec- or other atrocities, are responsible for offen- the full discharge of the responsibilities of retary of State’s finding and stated, ‘‘[a]t sive military overflights, or violate the mili- the Committee of the United Nations Secu- this hour, the world is witnessing terrible tary embargo, and establishing a Committee rity Council and the Panel of Experts estab- suffering and horrible crimes in the Darfur of the Security Council and a Panel of Ex- lished pursuant to section 3(a) of Security region of Sudan, crimes my government has perts to assist in monitoring compliance Council Resolution 1591 (March 29, 2005); concluded are genocide’’. with Security Council Resolutions 1556 and (8) the United States should not provide as- (4) On July 30, 2004, the United Nations Se- 1591. sistance to the Government of Sudan, other curity Council passed Security Council Reso- (10) On March 31, 2005, the United Nations than assistance necessary for the implemen- lution 1556, calling upon the Government of Security Council passed Security Council tation of the Comprehensive Peace Agree- Sudan to disarm the Janjaweed militias and Resolution 1593, referring the situation in ment for Sudan, the support of the regional to apprehend and bring to justice Janjaweed Darfur since July 1, 2002, to the prosecutor of Government of Southern Sudan and leaders and their associates who have incited the International Criminal Court and calling marginalized areas in northern Sudan (in- and carried out violations of human rights on the Government of Sudan and all parties cluding the Nuba Mountains, Southern Blue and international humanitarian law, and es- to the conflict to cooperate fully with the tablishing a ban on the sale or supply of Nile, Abyei, Eastern Sudan (Beja), Darfur, Court. and Nubia), as well as marginalized peoples arms and related materiel of all types, in- (11) In remarks before the G–8 Summit on cluding the provision of related technical in and around Khartoum, or for humani- June 30, 2005, President Bush reconfirmed tarian purposes in Sudan, until such time as training or assistance, to all nongovern- that ‘‘the violence in Darfur is clearly geno- mental entities and individuals, including the Government of Sudan has honored cide’’ and ‘‘the human cost is beyond cal- pledges to cease attacks upon civilians, de- the Janjaweed. culation’’. (5) On September 18, 2004, the United Na- mobilize the Janjaweed and associated mili- (12) On July 30, 2005, Dr. John Garang de tias, grant free and unfettered access for de- tions Security Council passed Security Coun- Mabior, the newly appointed Vice President cil Resolution 1564, determining that the liveries of humanitarian assistance in the of Sudan and the leader of the Sudan Peo- Darfur region, and allow for safe, unimpeded, Government of Sudan had failed to meet its ple’s Liberation Movement/Army (SPLM/A) obligations under Security Council Resolu- and voluntary return of refugees and inter- for the past 21 years, was killed in a tragic tion 1556, calling for a military flight ban in nally displaced persons; helicopter crash in southern Sudan, sparking and over the Darfur region, demanding the (9) the President should seek to assist riots in Khartoum and challenging the com- names of Janjaweed militiamen disarmed members of the Sudanese diaspora in the mitment of all the people of Sudan to the and arrested for verification, establishing an United States by establishing a student loan Comprehensive Peace Agreement for Sudan. International Commission of Inquiry on forgiveness program for those individuals Darfur to investigate violations of inter- SEC. 4. SENSE OF CONGRESS. who commit to return to southern Sudan for national humanitarian and human rights It is the sense of Congress that— a period of not less than 5 years for the pur- laws, and threatening sanctions should the (1) the genocide unfolding in the Darfur re- pose of contributing professional skills need- Government of Sudan fail to fully comply gion of Sudan is characterized by atrocities ed for the reconstruction of southern Sudan; with Security Council Resolutions 1556 and directed against civilians, including mass (10) the President should appoint a Presi- 1564, including such actions as to affect Su- murder, rape, and sexual violence committed dential Envoy for Sudan to provide steward- dan’s petroleum sector or individual mem- by the Janjaweed and associated militias ship of efforts to implement the Comprehen- bers of the Government of Sudan. with the complicity and support of the Na- sive Peace Agreement for Sudan, seek ways (6) The Report of the International Com- tional Congress Party-led faction of the Gov- to bring stability and peace to the Darfur re- mission of Inquiry on Darfur established ernment of Sudan; gion, address instability elsewhere in Sudan that the ‘‘Government of the Sudan and the (2) all parties to the conflict in the Darfur and northern Uganda, and pursue a truly Janjaweed are responsible for serious viola- region have continued to violate the comprehensive peace throughout the region; tions of international human rights and hu- N’djamena Ceasefire Agreement of April 8, (11) in order to achieve the goals specified manitarian law amounting to crimes under 2004, and the Abuja Protocols of November 9, in paragraph (10) and to further promote international law,’’ that ‘‘these acts were 2004, and violence against civilians, humani- human rights and civil liberties, build de- conducted on a widespread and systematic tarian aid workers, and personnel of the Af- mocracy, and strengthen civil society, the basis, and therefore may amount to crimes rican Union Mission in Sudan (AMIS) is in- Presidential Envoy for Sudan should be em- against humanity,’’ and that Sudanese offi- creasing; powered to promote and encourage the ex- cials and other individuals may have acted (3) the African Union should rapidly ex- change of individuals pursuant to edu- with ‘‘genocidal intent’’. pand the size and amend the mandate of the cational and cultural programs, including (7) The Report of the International Com- African Union Mission in Sudan (AMIS) to programs funded by the United States Gov- mission of Inquiry on Darfur further notes authorize such action as may be necessary to ernment; that, pursuant to its mandate and in the protect civilians and humanitarian oper- (12) the international community should course of its work, the Commission had col- ations, and deter violence in the Darfur re- strongly condemn attacks against humani- lected information relating to individual gion without delay; tarian workers and demand that all armed perpetrators of acts constituting ‘‘violations (4) the international community, including groups in the Darfur region, including the of international human rights law and inter- the United Nations, the North Atlantic Trea- forces of the Government of Sudan, the national humanitarian law, including crimes ty Organization (NATO), the European Janjaweed, associated militias, the Sudan against humanity and war crimes’’ and that Union, and the United States, should imme- Liberation Movement/Army (SLM/A), the a sealed file containing the names of those diately act to mobilize sufficient political, Justice and Equality Movement (JEM), and individual perpetrators had been delivered to military, and financial resources to support all other armed groups to refrain from such the United Nations Secretary-General. the expansion of the African Union Mission attacks; (8) On March 24, 2005, the United Nations in Sudan so that it achieves the size, (13) the United States should fully support Security Council passed Security Council strength, and capacity necessary for pro- the Comprehensive Peace Agreement for Resolution 1590, establishing the United Na- tecting civilians and humanitarian oper- Sudan and urge rapid implementation of its tions Mission in Sudan (UNMIS), consisting ations, and ending the continued violence in terms; and of up to 10,000 military personnel and 715 ci- the Darfur region; (14) the new leadership of the Sudan Peo- vilian police and tasked with supporting im- (5) if an expanded and reinforced African ple’s Liberation Movement (SPLM) should— plementation of the Comprehensive Peace Union Mission in Sudan fails to stop geno- (A) seek to transform the SPLM into an in- Agreement for Sudan and ‘‘closely and con- cide in the Darfur region, the international clusive, transparent, and democratic polit- tinuously liais[ing] and coordinat[ing] at all community should take additional, disposi- ical body; levels with the African Union Mission in tive measures to prevent and suppress acts of (B) reaffirm the commitment of the SPLM Sudan (AMIS) with a view towards expedi- genocide in the Darfur region; to bringing peace not only to southern tiously reinforcing the effort to foster peace (6) acting under Article 5 of the Charter of Sudan, but also to the Darfur region, eastern in Darfur’’. the United Nations, the United Nations Se- Sudan, and northern Uganda; and (9) On March 29, 2005, the United Nations curity Council should call for suspension of (C) remain united in the face of potential Security Council passed Security Council the Government of Sudan’s rights and privi- efforts to undermine the SPLM.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13405 SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN President is authorized to provide assist- achieves the mandate, size, strength, and ca- DARFUR. ance, on such terms and conditions as the pacity needed to protect civilians and hu- (a) BLOCKING OF ASSETS AND RESTRICTION President may determine and in consulta- manitarian operations, and dissuade and ON VISAS.—Section 6 of the Comprehensive tion with the appropriate congressional com- deter fighting and violence in the Darfur re- Peace in Sudan Act of 2004 (Public Law 108– mittees, to reinforce the deployment and op- gion of Sudan, and urges member states of 497; 50 U.S.C. 1701 note) is amended— erations of an expanded African Union Mis- the United Nations to accelerate political, (1) in the heading of subsection (b), by in- sion in Sudan (AMIS) with the mandate, size, material, financial, and other assistance to serting ‘‘OF APPROPRIATE SENIOR OFFICIALS strength, and capacity to protect civilians the African Union toward this end; OF THE SUDANESE GOVERNMENT’’ after ‘‘AS- and humanitarian operations, stabilize the (2) reinforces efforts of the African Union SETS’’; Darfur region of Sudan and dissuade and to negotiate peace talks between the Govern- (2) by redesignating subsections (c) deter air attacks directed against civilians ment of Sudan, the Sudan Liberation Move- through (e) as subsections (d) through (f), re- and humanitarian workers, including but not ment/Army (SLM/A), the Justice and Equal- spectively; and limited to providing assistance in the areas ity Movement (JEM), and associated armed (3) by inserting after subsection (b) the fol- of logistics, transport, communications, ma- groups in the Darfur region, calls on the lowing new subsection: teriel support, technical assistance, training, Government of Sudan, the SLM/A, and the ‘‘(c) BLOCKING OF ASSETS AND RESTRICTION command and control, aerial surveillance, JEM to abide by their obligations under the ON VISAS OF CERTAIN INDIVIDUALS IDENTIFIED and intelligence.’’. N’Djamena Ceasefire Agreement of April 8, BY THE PRESIDENT.— (b) NATO ASSISTANCE TO SUPPORT AMIS.— 2004 and subsequent agreements, urges all ‘‘(1) BLOCKING OF ASSETS.—Beginning on The President should instruct the United parties to engage in peace talks without pre- the date that is 30 days after the date of the States Permanent Representative to the conditions and seek to resolve the conflict, enactment of the Darfur Peace and Account- North Atlantic Treaty Organization (NATO) and strongly condemns all attacks against ability Act of 2005, and in the interest of con- to use the voice, vote, and influence of the humanitarian workers and African Union tributing to peace in Sudan, the President United States at NATO to advocate NATO personnel in the Darfur region; shall, consistent with the authorities grant- reinforcement of the African Union Mission (3) imposes sanctions against the Govern- ed in the International Emergency Economic in Sudan (AMIS), upon the request of the Af- ment of Sudan, including sanctions against Powers Act (50 U.S.C. 1701 et seq.), block the rican Union, including but not limited to the individual members of the Government of assets of any individual who the President provision of assets to dissuade and deter of- Sudan, and entities controlled or owned by determines is complicit in, or responsible fensive air strikes directed against civilians officials of the Government of Sudan or the for, acts of genocide, war crimes, or crimes and humanitarian workers in the Darfur re- National Congress Party in Sudan until such against humanity in Darfur, including the gion of Sudan and other logistical, transpor- time as the Government of Sudan has hon- family members or any associates of such in- tation, communications, training, technical ored its commitments to cease attacks on ci- dividual to whom assets or property of such assistance, command and control, aerial sur- vilians, demobilize and demilitarize the individual was transferred on or after July 1, veillance, and intelligence support. Janjaweed and associated militias, grant 2002. (c) DENIAL OF ENTRY AT UNITED STATES free and unfettered access for deliveries of ‘‘(2) RESTRICTION ON VISAS.—Beginning on PORTS TO CERTAIN CARGO SHIPS OR OIL TANK- humanitarian assistance, and allow for the the date that is 30 days after the date of the ERS.— safe and voluntary return of refugees and in- enactment of the Darfur Peace and Account- (1) IN GENERAL.—The President should take ternally displaced persons; ability Act of 2005, and in the interest of con- all necessary and appropriate steps to deny (4) extends the military embargo estab- tributing to peace in Sudan, the President the Government of Sudan access to oil reve- lished by United Nations Security Council shall deny visas and entry to any individual nues, including by prohibiting entry at Resolutions 1556 (July 30, 2004) and 1591 who the President determines is complicit United States ports to cargo ships or oil (March 29, 2005) to include a total prohibition in, or responsible for, acts of genocide, war tankers engaged in business or trade activi- on the sale or supply of offensive military crimes, or crimes against humanity in ties in the oil sector of Sudan or involved in equipment to the Government of Sudan, ex- Darfur, including the family members or any the shipment of goods for use by the armed cept for use in an internationally-recognized associates of such individual to whom assets forces of Sudan, until such time as the Gov- demobilization program or for non-lethal as- or property of such individual was trans- ernment of Sudan has honored its commit- sistance necessary to carry out elements of ferred on or after July 1, 2002.’’. ments to cease attacks on civilians, demobi- the Comprehensive Peace Agreement for (b) WAIVER.—Section 6(d) of the Com- lize and demilitarize the Janjaweed and asso- Sudan; prehensive Peace in Sudan Act of 2004 (as re- ciated militias, grant free and unfettered ac- (5) calls upon those member states of the designated by subsection (a)) is amended by cess for deliveries of humanitarian assist- United Nations that continue to undermine adding at the end the following new sen- ance, and allow for the safe and voluntary efforts to foster peace in Sudan by providing tence: ‘‘The President may waive the appli- return of refugees and internally displaced military assistance and equipment to the cation of paragraph (1) or (2) of subsection (c) persons. Government of Sudan, the SLM/A, the JEM, with respect to an individual if— (2) EXCEPTION.—Paragraph (1) shall not and associated armed groups in the Darfur ‘‘(1) the President determines that such a apply with respect to cargo ships or oil tank- region in violation of the embargo on such waiver is in the national interest of the ers involved in an internationally-recognized assistance and equipment, as called for in United States; and demobilization program or the shipment of United Nations Security Council Resolutions ‘‘(2) prior to exercising the waiver, the non-lethal assistance necessary to carry out 1556 and 1591, to immediately cease and de- President transmits to the appropriate con- elements of the Comprehensive Peace Agree- sist; and gressional committees a notification of the ment for Sudan. (6) acting under Article 5 of the Charter of waiver that includes the name of the indi- (d) PROHIBITION ON ASSISTANCE TO COUN- the United Nations, calls for suspension of vidual and the reasons for the waiver.’’. TRIES IN VIOLATION OF UNITED NATIONS SECU- the Government of Sudan’s rights and privi- (c) SANCTIONS AGAINST CERTAIN JANJAWEED RITY COUNCIL RESOLUTIONS 1556 AND 1591.— leges of membership by the General Assem- COMMANDERS AND COORDINATORS.—The Presi- (1) PROHIBITION.—Amounts made available bly until such time as the Government of dent should immediately consider imposing to carry out the Foreign Assistance Act of Sudan has honored pledges to cease attacks the sanctions described in section 6(c) of the 1961 (22 U.S.C. 2151 et seq.) may not be used upon civilians, demobilize the Janjaweed and Comprehensive Peace in Sudan Act of 2004 to provide assistance to the government of a associated militias, grant free and unfet- (as added by subsection (a)) against the country that is in violation of the embargo tered access for deliveries of humanitarian Janjaweed commanders and coordinators on military assistance with respect to Sudan assistance in the Darfur region, and allow for identified by former United States Ambas- imposed pursuant to United Nations Secu- safe, unimpeded, and voluntary return of ref- sador-at-Large for War Crimes before the rity Council Resolutions 1556 (July 30, 2004) ugees and internally displaced persons. Subcommittee on Africa of the Committee and 1591 (March 29, 2005). on International Relations of the House of SEC. 8. CONTINUATION OF RESTRICTIONS. (2) WAIVER.—The President may waive the Representatives on June 24, 2004. Restrictions against the Government of application of paragraph (1) if the President Sudan that were imposed or are otherwise SEC. 6. ADDITIONAL AUTHORITIES TO DETER determines and certifies to the appropriate AND SUPPRESS GENOCIDE IN applicable pursuant to Executive Order 13067 DARFUR. congressional committees that it is in the of November 3, 1997 (62 Federal Register (a) UNITED STATES ASSISTANCE TO SUPPORT national interests of the United States to do 59989), title III and sections 508, 512, 527, and AMIS.—Section 7 of the Comprehensive so. 569 of the Foreign Operations, Export Fi- Peace in Sudan Act of 2004 (Public Law 108– SEC. 7. MULTILATERAL EFFORTS. nancing, and Related Programs Appropria- 497; 50 U.S.C. 1701 note) is amended— The President shall direct the United tions Act, 2005 (division D of Public Law 108– (1) by striking ‘‘Notwithstanding’’ and in- States Permanent Representative to the 447), or any other similar provision of law, serting ‘‘(a) GENERAL ASSISTANCE.—Notwith- United Nations to use the voice and vote of should remain in effect and should not be standing’’; and the United States to urge the adoption of a lifted pursuant to such provisions of law (2) by adding at the end the following new resolution by the United Nations Security until the President transmits to the appro- subsection: Council which— priate congressional committees a certifi- ‘‘(b) ASSISTANCE TO SUPPORT AMIS.—Not- (1) supports the expansion of the African cation that the Government of Sudan is act- withstanding any other provision of law, the Union Mission in Sudan (AMIS) so that it ing in good faith—

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13406 CONGRESSIONAL RECORD — SENATE November 18, 2005 (1) to peacefully resolve the crisis in the (2) by inserting after subsection (b) the fol- (as amended by the Darfur Peace and Ac- Darfur region of Sudan; lowing new subsection: countability Act of 2005) and the reasons for (2) to disarm, demobilize, and demilitarize ‘‘(c) REPORT ON AFRICAN UNION MISSION IN such determination.’’. the Janjaweed and all government-allied mi- SUDAN (AMIS).—In conjunction with reports litias; required under subsections (a) and (b) of this SA 2675. Mr. MCCONNELL (for Mr. (3) to adhere to United Nations Security section thereafter, the Secretary of State PRYOR) proposed an amendment to the Council Resolutions 1556 (2004), 1564 (2004), shall submit to the appropriate congres- bill H.R. 358, to require the Secretary 1591 (2005), and 1593 (2005); sional committees a report, to be prepared in of the Treasury to mint coins in com- (4) to negotiate a peaceful resolution to the conjunction with the Secretary of Defense, memoration of the 50th anniversary of crisis in eastern Sudan; on— the desegregation of the Little Rock ‘‘(1) efforts to fully deploy the African (5) to fully cooperate with efforts to dis- Central High School in Little Rock, arm, demobilize, and deny safe haven to Union Mission in Sudan (AMIS) with the members of the Lords Resistance Army; and size, strength, and capacity necessary to sta- Arkansas, and for other purposes; as (6) to fully implement the Comprehensive bilize the Darfur region of Sudan and protect follows: Peace Agreement for Sudan without manipu- civilians and humanitarian operations; Strike all after the enacting clause and in- lation or delay, including by— ‘‘(2) the needs of AMIS to ensure success, sert the following: (A) implementing the recommendations of including in the areas of housing, transport, SECTION 1. SHORT TITLE. the Abyei Commission Report; communications, equipment, technical as- This Act may be cited as the ‘‘Little Rock (B) establishing other appropriate commis- sistance, training, command and control, in- Central High School Desegregation 50th An- sions and implementing and adhering to the telligence, and such assistance as is nec- niversary Commemorative Coin Act’’. recommendations of such commissions con- essary to dissuade and deter attacks, includ- SEC. 2. FINDINGS. sistent with the terms of the Comprehensive ing by air, directed against civilians and hu- Congress finds the following: Peace Agreement for Sudan; manitarian operations; (1) September 2007, marks the 50th anniver- (C) adhering to the terms of the Wealth ‘‘(3) the current level of United States as- sary of the desegregation of Little Rock Cen- Sharing Agreement; and sistance and other assistance provided to tral High School in Little Rock, Arkansas. (D) withdrawing government forces from AMIS, and a request for additional United (2) In 1957, Little Rock Central High was southern Sudan consistent with the terms of States assistance, if necessary; the site of the first major national test for the Comprehensive Peace Agreement for ‘‘(4) the status of North Atlantic Treaty the implementation of the historic decision Sudan. Organization (NATO) plans and assistance to of the United States Supreme Court in SEC. 9. ASSISTANCE EFFORTS IN SUDAN. support AMIS; and Brown, et al. v. Board of Education of Topeka, (a) ADDITIONAL AUTHORITIES.—Section ‘‘(5) the performance of AMIS in carrying et al., 347 U.S. 483 (1954). 501(a) of the Assistance for International Ma- out its mission in the Darfur region.’’. (3) The courage of the ‘‘Little Rock Nine’’ laria Control Act (Public Law 106–570; 114 (b) REPORT ON SANCTIONS IN SUPPORT OF (Ernest Green, Elizabeth Eckford, Melba Stat. 350; 50 U.S.C. 1701 note) is amended— PEACE IN DARFUR.—Section 8 of the Sudan Pattillo, Jefferson Thomas, Carlotta Walls, (1) by striking ‘‘Notwithstanding any other Peace Act (Public Law 107–245; 50 U.S.C. 1701 Terrence Roberts, Gloria Ray, Thelma provision of law’’ and inserting the fol- note), as amended by subsection (a), is fur- Mothershed, and Minnijean Brown) who lowing: ther amended— stood in the face of violence, was influential ‘‘(1) IN GENERAL.—Notwithstanding any (1) by redesignating subsection (d) (as re- to the Civil Rights movement and changed other provision of law’’; designated) as subsection (e); and American history by providing an example (2) by inserting ‘‘civil administrations,’’ (2) by inserting after subsection (c) the fol- on which to build greater equality. after ‘‘indigenous groups,’’; lowing new subsection: (4) The desegregation of Little Rock Cen- (3) by striking ‘‘areas outside of control of ‘‘(d) REPORT ON SANCTIONS IN SUPPORT OF tral High by the 9 African American students the Government of Sudan’’ and inserting PEACE IN DARFUR.—In conjunction with re- was recognized by Dr. Martin Luther King, ‘‘southern Sudan, southern Kordofan/Nuba ports required under subsections (a), (b), and Jr. as such a significant event in the strug- Mountains State, Blue Nile State, and (c) of this section thereafter, the Secretary gle for civil rights that in May 1958, he at- Abyei’’; of State shall submit to the appropriate con- tended the graduation of the first African (4) by inserting before the period at the end gressional committees a report regarding American from Little Rock Central High the following: ‘‘, including the Comprehen- sanctions imposed under subsections (a) School. sive Peace Agreement for Sudan’’; and through (d) of section 6 of the Comprehensive (5) A commemorative coin will bring na- (5) by adding at the end the following new Peace in Sudan Act of 2004, including— tional and international attention to the paragraph: ‘‘(1) a description of each sanction imposed lasting legacy of this important event. ‘‘(2) CONGRESSIONAL NOTIFICATION.—Assist- under such provisions of law; and SEC. 3. COIN SPECIFICATIONS. ance may not be obligated under this sub- ‘‘(2) the name of the individual or entity (a) DENOMINATIONS.—The Secretary of the section until 15 days after the date on which subject to the sanction, if applicable.’’. Treasury (hereinafter in this Act referred to the President has provided notice thereof to (c) REPORT ON INDIVIDUALS IDENTIFIED BY as the ‘‘Secretary’’) shall mint and issue not the congressional committees specified in THE UNITED NATIONS IN CONNECTION WITH more than 500,000 $1 coins each of which section 634A of the Foreign Assistance Act of GENOCIDE, WAR CRIMES, AND CRIMES AGAINST shall— 1961 (22 U.S.C. 2394–1) in accordance with the HUMANITY OR OTHER VIOLATIONS OF INTER- (1) weigh 26.73 grams; procedures applicable to reprogramming no- NATIONAL HUMANITARIAN LAW IN DARFUR.— (2) have a diameter of 1.500 inches; and tifications under such section.’’. Section 8 of the Sudan Peace Act (Public (3) contain 90 percent silver and 10 percent XCEPTION TO PROHIBITIONS IN EXECU- (b) E Law 107–245; 50 U.S.C. 1701 note), as amended copper. TIVE RDER O O N . 13067.—Subsection (b) of such by subsections (a) and (b), is further amend- (b) LEGAL TENDER.—The coins minted section is amended— ed— under this Act shall be legal tender, as pro- (1) in the heading, by striking ‘‘EXPORT (1) by redesignating subsection (e) (as re- vided in section 5103 of title 31, United States PROHIBITIONS’’ and inserting ‘‘PROHIBITIONS designated) as subsection (f); and Code. IN EXECUTIVE ORDER NO. 13067’’; (2) by inserting after subsection (d) the fol- (c) NUMISMATIC ITEMS.—For purposes of (2) by striking ‘‘shall not’’ and inserting lowing new subsection: section 5136 of title 31, United States Code, ‘‘should not’’; ‘‘(e) REPORT ON INDIVIDUALS IDENTIFIED BY all coins minted under this Act shall be con- (3) by striking ‘‘any export from an area in THE UNITED NATIONS IN CONNECTION WITH sidered to be numismatic items. Sudan outside of control of the Government GENOCIDE, WAR CRIMES, AND CRIMES AGAINST SEC. 4. DESIGN OF COINS. of Sudan, or to any necessary transaction di- HUMANITY OR OTHER VIOLATIONS OF INTER- (a) DESIGN REQUIREMENTS.—The design of rectly related to that export’’ and inserting NATIONAL HUMANITARIAN LAW IN DARFUR.— the coins minted under this Act shall be em- ‘‘activities or related transactions with re- Not later than 30 days after the date on blematic of the desegregation of the Little spect to southern Sudan, southern Kordofan/ which the United States has access to any of Rock Central High School and its contribu- Nuba Mountains State, Blue Nile State, or the names of the individuals identified by tion to civil rights in America. Abyei’’; and the International Commission of Inquiry on (b) DESIGNATION AND INSCRIPTIONS.—On (4) by striking ‘‘the export or related Darfur (established pursuant to United Na- each coin minted under this Act there shall transaction’’ and all that follows and insert- tions Security Council Resolution 1564 be— ing ‘‘such activities or related transactions (2004)), or the names of the individuals des- (1) a designation of the value of the coin; would directly benefit the economic recovery ignated by the Committee of the United Na- (2) an inscription of the year ‘‘2007’’; and and development of those areas and people.’’. tions Security Council (established pursuant (3) inscriptions of the words ‘‘Liberty’’, ‘‘In SEC. 10. REPORTS. to United Nations Security Council Resolu- God We Trust’’, ‘‘United States of America’’, (a) REPORT ON AFRICAN UNION MISSION IN tion 1591 (2005)), the Secretary of State shall and ‘‘E Pluribus Unum’’. SUDAN (AMIS) .—Section 8 of the Sudan submit to the appropriate congressional (c) SELECTION.—The design for the coins Peace Act (Public Law 107–245; 50 U.S.C. 1701 committees a report containing an assess- minted under this Act shall be— note) is amended— ment as to whether such individuals may be (1) selected by the Secretary after con- (1) by redesignating subsection (c) as sub- subject to sanctions under section 6 of the sultation with the Commission of Fine Arts; section (d); and Comprehensive Peace in Sudan Act of 2004 and

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13407 (2) reviewed by the Citizens Coinage Advi- Site, to the extent such funds were used for mittee on Finance be authorized to sory Committee established under section the purposes described in paragraph (1), (2), meet in open Executive Session during 5135 of title 31, United States Code. or (3) of subsection (b), shall be deemed to the session on Friday, November 18, SEC. 5. ISSUANCE OF COINS. meet the requirement of funds from private 2005, immediately following a vote on sources of section 5134(f)(1)(A)(ii) of title 31, (a) QUALITY OF COINS.—Coins minted under the Senate Floor (tentatively sched- this Act shall be issued in uncirculated and United States Code, with respect to the Sec- proof qualities. retary of the Interior. uled to occur at 9:30 a.m.), in the Presi- (b) COMMENCEMENT OF ISSUANCE.—The Sec- dent’s Room, S–216 of the Capitol, to retary may issue coins minted under this SA 2676. Mr. MCCONNELL (for Mr. consider favorably reporting S. 2027, Act beginning January 1, 2007, except that SUNUNU) proposed an amendment to the U.S.-Bahrain Free Trade Agree- the Secretary may initiate sales of such the bill S. 1047, to require the Sec- ment Implementation Act. coins, without issuance, before such date. retary of the Treasury to mint coins in The PRESIDING OFFICER. Without (c) TERMINATION OF MINTING AUTHORITY.— commemoration of each of the Nation’s objection, it is so ordered. No coins shall be minted under this Act after past Presidents and their spouses, re- The PRESIDING OFFICER. The mi- December 31, 2007. spectively, to improve circulation of nority leader is recognized. SEC. 6. SALE OF COINS. the $1 coin, to create a new bullion (a) SALE PRICE.—Notwithstanding any f other provision of law, the coins issued under coin, and for other purposes; as follows: this Act shall be sold by the Secretary at a On page 6, strike lines 6 through 11, and in- MISPLACED PRIORITIES price equal to the sum of the face value of sert the following: the coins, the surcharge required under sec- ‘‘(B) CONTINUITY PROVISIONS.— Mr. REID. Mr. President, as elected tion 7(a) for the coins, and the cost of design- ‘‘(i) IN GENERAL.—Notwithstanding sub- representatives of the American peo- ing and issuing such coins (including labor, paragraph (A), the Secretary shall continue ple, we have a responsibility to work materials, dies, use of machinery, overhead to mint and issue $1 coins which bear any de- with each other and to focus on their expenses, and marketing). sign in effect before the issuance of coins as needs. This is an obligation that Demo- (b) BULK SALES.—The Secretary shall required under this subsection (including the cratic Senators have not taken lightly. make bulk sales of the coins issued under so-called ‘Sacagawea-design’ $1 coins). We have spent the last 11 months try- this Act at a reasonable discount. ‘‘(ii) CIRCULATION QUANTITY.—Beginning ing to make a difference for each (c) PREPAID ORDERS AT A DISCOUNT.— January 1, 2007, and ending upon the termi- (1) IN GENERAL.—The Secretary shall ac- nation of the program under paragraph (8), American citizen. Democrats fought to cept prepaid orders for the coins minted the Secretary annually shall mint and issue protect Social Security when those in under this Act before the issuance of such such ‘Sacagawea-design’ $1 coins for circula- the majority, the Republicans, tried to coins. tion in quantities of no less than 1⁄3 of the destroy it through their risky privat- (2) DISCOUNT.—Sale prices with respect to total $1 coins minted and issued under this ization scheme. Democrats fought for a prepaid orders under paragraph (1) shall be subsection.’’. budget that honors America’s values. at a reasonable discount. On page 17, lines 6 and 7, strike ‘‘transpor- When Republicans passed a terrible SEC. 7. SURCHARGES. tation and’’. On page 17, line 7, strike ‘‘and entities’’. budget, leading religious leaders called (a) SURCHARGE REQUIRED.—All sales shall it immoral. They called it immoral be- include a surcharge of $10 per coin. On page 17, line 18, strike ‘‘1-year’’ and in- (b) DISTRIBUTION.—Subject to section sert ‘‘2-year’’. cause of its deep cuts and irresponsible 5134(f) of title 31, United States Code, and On page 17, line 24, strike ‘‘prominently’’. tax breaks. Why did they do that? One subsection (d), all surcharges which are re- On page 23, line 18, strike ‘‘$20’’ and insert only needs to look at the Old Testa- ceived by the Secretary from the sale of ‘‘$50’’. ment or the New Testament to find coins issued under this Act shall be promptly On page 24, line 2, strike ‘‘$20’’ and insert why. paid by the Secretary to the Secretary of the ‘‘$50’’. In the 112th Psalm we are told that: On page 24, line 3, insert ‘‘and proof’’ after Interior for the protection, preservation, and He hath given to the poor; his right- interpretation of resources and stories asso- ‘‘bullion’’. ciated with Little Rock Central High School On page 24, line 4, strike ‘‘not to exceed eousness will endure forever. In the National Historic Site, including the fol- 500,000 in any year’’ and insert ‘‘in such New Testament, in the Book of Gala- lowing: quantities, as the Secretary, in the Sec- tians, second chapter, 10th verse: Only (1) Site improvements at Little Rock Cen- retary’s discretion, may prescribe’’. that we should remember the poor. tral High School National Historic Site. On page 25, line 23, strike ‘‘the face value That is why leading religious leaders of (2) Development of interpretive and edu- of the coins; and’’ and insert ‘‘the market this country have called the budget an cation programs and historic preservation value of the bullion at the time of sale; and’’. immoral one. On page 26, between lines 9 and 10, insert projects. We moved quickly to help Katrina’s (3) Establishment of cooperative agree- the following: ments to preserve or restore the historic ‘‘(8) PROTECTIVE COVERING.— victims, when that storm exposed the character of the Park Street and Daisy L. ‘‘(A) IN GENERAL.—Each bullion coin hav- Bush administration’s incompetence. It Gatson Bates Drive corridors adjacent to the ing a metallic content as described in sub- became clear that Republicans were site. section (a)(11) and a design specified in para- going to sit on their hands. Democrats (c) LIMITATION.—Notwithstanding sub- graph (2) shall be sold in an inexpensive cov- tried to help families with energy section (a), no surcharge may be included ering that will protect the coin from damage prices, when prices spiked and congres- with respect to the issuance under this Act due to ordinary handling or storage. sional Republicans only seemed to care ‘‘(B) DESIGN.—The protective covering re- of any coin during a calendar year if, as of about their friends in the oil industry. the time of such issuance, the issuance of quired under subparagraph (A) shall be read- such coin would result in the number of com- ily distinguishable from any coin packaging We stood for the troops, veterans, memorative coin programs issued during that may be used to protect proof coins and a success story in Iraq, when it be- such year to exceed the annual 2 commemo- minted and issued under this subsection.’’. came clear that the White House was rative coin program issuance limitation f more interested in launching vicious under section 5112(m)(1) of title 31, United attacks than providing the leadership AUTHORITIES FOR COMMITTEES States Code (as in effect on the date of the America needs. TO MEET enactment of this Act). The Secretary of the Democrats know that we are sent Treasury may issue guidance to carry out COMMITTEE ON COMMERCE, SCIENCE, AND here to do a job on behalf of the Amer- this subsection. TRANSPORTATION ican people. We understand that to- (d) CREDITABLE FUNDS.—Notwithstanding Mr. SESSIONS. Mr. President, I ask any other provision of the law and recog- gether we can do better. Unfortu- nizing the unique partnership nature of the unanimous consent that the Com- nately, in most all instances, those in Department of Interior and the Little Rock mittee on Commerce, Science, and the majority have shunned our efforts. School District at the Little Rock Central Transportation be authorized to meet Instead of joining us in helping every High School National Historic Site and the on Friday, November 18, 2005, at 10 American, they have blocked our ef- significant contributions made by the Little a.m., on Future of Science. forts and decided to focus on the nar- Rock School District to preserve and main- The PRESIDING OFFICER. Without row interests of a special few. In fact, tain the historic character of the high objection, it is so ordered. school, any non-Federal funds expended by if you want to see the misplaced prior- the school district (regardless of the source COMMITTEE ON FINANCE ities of the Republican Party, look no of the funds) for improvements at the Little Mr. SESSIONS. Mr. President, I ask further than the agenda they set for Rock Central High School National Historic unanimous consent that the Com- the Senate.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13408 CONGRESSIONAL RECORD — SENATE November 18, 2005 If the Senate could spend over 30 Instead of changing course, as the we have much to be proud of as we go days debating extreme judges and de- Senate demanded, the White House has toward the Thanksgiving holiday. vote days to the tragic affairs of the decided to reignite the Cheney-Rove Even though my assessment of our Schiavo family, Republicans should smear machine and attack its critics accomplishments here differs dramati- have been able to find a few days to instead. We saw it yesterday with Con- cally from that of the Democratic lead- help millions of Americans with health gressman JACK MURTHA. While I don’t er, let me say to all our colleagues, care, education, and, of course, the agree with the immediate withdrawal Democrats and Republicans alike, we skyrocketing cost of gasoline, heating plan Congressman MURTHA proposed, have much to be thankful for this oil, and natural gas. this brave man’s patriotism and his Thanksgiving. We hope everyone will While some of the work we have done commitment to defend our country enjoy the holiday, come back refreshed this year is important, more important should never be questioned, especially for what we anticipate will be a very is the work that we have missed. Con- by this White House, as it was. brief session the week of December 12. sider the latest example: Katrina re- Congressman MURTHA served val- I also want to say a word about Iraq. lief. Democrats introduced a com- iantly in Vietnam. He is a highly deco- It is much in the news these days. The prehensive Katrina relief package. It rated veteran, someone who knows Senate spoke clearly this week that it was a good package. It was done hours what it is like to bleed in combat, lit- is not in favor of cutting and running. after the storm had passed. The legisla- erally. When he speaks, the White On a bipartisan basis, the Senate said tion, S. 1637, included proposals to en- House should listen. They could learn we will not cut and run in Iraq. That is sure that displaced families received something. Let’s remember, Congress- the message of the votes that we had the health care, housing, and financial man MURTHA isn’t the only combat earlier this week. We intend to stay relief they needed. Republicans talked veteran calling for a debate about Iraq. the course. We are winning in Iraq, and a good game about helping victims. Yet In the Senate, Republican Senator the policy is to win. over 2 months later, you only have to CHUCK HAGEL has also said it is our pa- How do you measure success in Iraq? pick up any newspaper to know that triotic duty to question what is going You measure it by the election last tens of thousands of Americans still on. January which brought into office a need housing, health care, and finan- The deceiving, distorting, and divi- temporary democratic government. Ev- cial help. Democrats have tried to act sive political attacks must end. We eryone remembers the ink-stained on these families’ behalf, but every need an open, honest debate about index fingers that were held up proudly time Republicans have found some- what is happening in Iraq. Next year I by the Iraqis as they, at risk to their thing better to do. hope Republicans will join with us in own lives, went to the polls and elected Of course, this is a pattern all too fa- this debate. It is easy to attack those an interim government. miliar. When Democrats wanted to dis- who don’t agree with you. The hard Last month on October 15—by the cuss health care and education, Repub- part is leading and giving our troops way, back in January, there was a 60- licans decided to debate changing Sen- the strategy for success. percent turnout, the same as our turn- ate rules so they could pack the courts The days and months ahead should be out last November and ours was 60 per- with some extreme nominees. When used to do the people’s business. We cent, higher than the turnout of 50 per- Democrats wanted to help families can’t change the past, but we can cent before that. The Iraqis turned out struggling with rising oil prices, Re- change the future. the same percentages last January as Next year we need to focus on the publicans gave billions in tax breaks to we did here, and I don’t think any priorities of American families. To- oil companies that are already making Americans were afraid they were going gether we can do better and give our obscene profits. And when Democrats to be shot or blown up by a bomb if citizens a government as good and hon- wanted to help the neediest among us, they went out to vote. est as its people. Republicans decided to make deep cuts If that were not good enough, in the The PRESIDING OFFICER (Mr. TAL- to programs working families depend constitutional election on October 15, ENT). The Senator from Kentucky. on so they could give tax breaks to spe- 63 percent of Iraqis turned out, and cial interests and the very elite of our f large numbers of Sunnis who had boy- country. A SUCCESSFUL FIRST SESSION cotted the election earlier began to America can do better than these Mr. MCCONNELL. Mr. President, I participate. misplaced priorities. Whether it is sup- listened carefully to my good friend, Clearly, Iraq is heading in the right porting our troops or providing relief the Democratic leader, give his evalua- direction. Surveys taken in September for rising health and energy costs, it is tion of the year that is coming to a indicate Iraqis are far more optimistic time for the Senate to get its priorities conclusion. Let me just suggest that I, about their future than we are about straight. The Democratic agenda is one not surprisingly, see it somewhat dif- ours in the United States. They are that deals with health care, energy ferently. In my couple of decades here more optimistic about their future costs, and, in effect, getting our prior- in the Senate, this has been quite pos- than we are ours here. So the Iraqis ities straight. sibly the most successful first session feel they are on the right path. They When we return next session, we of a Congress in my time here. are going to finish the job on December should not waste more time putting We began the year by passing a much 15 when they elect the first permanent the needs of the special few ahead of needed class action reform bill that democratic government in Iraqi his- the priorities of the American people. was long overdue to deal with one of tory, a fairly unusual thing in that Let’s pass fiscally responsible tax relief the areas of the litigation craze that is part of the world, I think we will all to help middle-class families being bad for American business and bad for agree. squeezed between declining wages and our economy. We followed on with the Next year, that permanent demo- rising prices. The rich are getting rich- Bankruptcy Reform Act, long in the cratic government will increasingly be er; the poor are getting poorer. The making, way overdue, to deal with peo- responsible for its own future and the middle class is getting squeezed. Let’s ple who have increasingly decided not fate of its own citizens as the Iraqi move forward on issues like energy de- to accept their responsibilities and pay military improves month after month. pendence, real security, and affordable their debts. So we do, indeed, have much to be health care. Let’s build on the progress We passed a budget, which is never thankful for this Thanksgiving. Most we made on Tuesday with our vote on easy around here, tax cuts, a Central of all, we are grateful for our wonderful Iraq. American free-trade agreement, an en- troops who have done an astonishing On Tuesday, Democrats and Repub- ergy bill, and a highway bill. We con- job in Iraq. They are proud of their licans voted overwhelmingly to express firmed a new Justice to the Supreme work. They are somewhat perplexed no confidence in the administration’s Court. We passed a terrorism reinsur- about the perception that they are fail- Iraq policy. We must continue to push ance measure and a pension reform ing when they all know they are suc- the President because it is clear that bill. ceeding dramatically. Hopefully, in the he has no interest in taking the Sen- It has been an extraordinarily suc- new year, we will be able to do a better ate’s advice. cessful first session of a Congress, and job of getting out the entire story in

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13409 Iraq, which is that dramatic progress is lution be agreed to, the preamble be the most recent Presidential runoff elec- being made. After all, when this demo- agreed to, the motion to reconsider be tions, including in the implementation of cratic government is elected on Decem- laid upon the table, and that any state- Ukraine’s new elections laws. SEC. 2. TERMINATION OF APPLICATION OF TITLE ber 15, it will be less than 3 years from ment relating to the concurrent resolu- IV OF THE TRADE ACT OF 1974 TO the time Saddam Hussein was toppled tion be printed in the RECORD, without UKRAINE. to the election of a permanent demo- further intervening action or debate. (a) PRESIDENTIAL DETERMINATIONS AND EX- cratic government in Iraq. It took us 11 The PRESIDING OFFICER. Without TENSION OF UNCONDITIONAL AND PERMANENT years in this country to get from the objection, it is so ordered. NONDISCRIMINATORY TREATMENT.—Notwith- Declaration of Independence to the The concurrent resolution (H. Con. standing any provision of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the writing of the Constitution in our first Res. 208) was agreed to. President may— democratic election. The preamble was agreed to. (1) determine that such title should no We are very impatient for immediate f longer apply to Ukraine; and success. In fact, the Iraqis have come a (2) after making a determination under long way in a short period of time AUTHORIZING EXTENSION OF UN- paragraph (1) with respect to Ukraine, pro- under very difficult circumstances. We CONDITIONAL AND PERMANENT claim the extension of unconditional and are proud of them and, most of all, we NONDISCRIMINATORY TREAT- permanent nondiscriminatory treatment MENT (permanent normal trade relations treat- are proud of our troops who made it ment) to the products of that country. possible for that to happen. Mr. MCCONNELL. Mr. President, I (b) TERMINATION OF APPLICATION OF TITLE With that, Mr. President, I think it is ask unanimous consent that the Com- IV.—On and after the effective date of the time to begin to wrap up in the Senate. mittee on Finance be discharged from extension under subsection (a)(2) of non- First, I congratulate the House of further consideration of S. 632, and discriminatory treatment to the products of Representatives and the Senate. We that the Senate proceed to its imme- Ukraine, chapter 1 of title IV of the Trade will shortly be passing a bill to honor Act of 1974 shall cease to apply to that coun- diate consideration. try. a great American, Rosa Parks, by plac- The PRESIDING OFFICER. Without ing a statue of her in the Capitol. I am Mr. MCCONNELL. Mr. President, I objection, it is so ordered. The clerk further ask that the bill be held at the very gratified by the swift action of the will report the bill by title. desk. House, followed on by the Senate to- The legislative clerk read as follows: The PRESIDING OFFICER. Without night. We have assured that Americans A bill (S. 632) to authorize the extension of objection, it is so ordered. who visit this place 100 years from now unconditional and permanent nondiscrim- f will see her statue and reflect on how inatory treatment (permanent normal trade one woman’s courage altered a nation. relations treatment) to the products of DIRECTING THE JOINT COM- I am also pleased and grateful to my Ukraine, and for other purposes. MITTEE ON THE LIBRARY TO OB- colleagues, particularly Senator DODD There being no objection, the Senate TAIN A STATUE OF ROSA PARKS in the Senate and Representative proceeded to consider the bill. Mr. MCCONNELL. Mr. President, I JESSE JACKSON, Jr., in the House, who Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Sen- took the lead over there for moving ask unanimous consent that the bill be ate proceed to immediate consider- quickly to accord Ms. Parks the honor read a third time and passed, the mo- ation of H. R. 4145, which was received she so richly deserves. I look forward tion to reconsider be laid upon the from the House and is at the desk. to the day when her statue is unveiled table, and any statements relating to The PRESIDING OFFICER. The and placed in this historic building the bill be printed in the RECORD. clerk will report the bill by title. alongside other American heroes. The PRESIDING OFFICER. Without The legislative clerk read as follows: Ms. Parks’ passing on October 24, just objection, it is so ordered. A bill (H. R. 4145) to direct the Joint Com- a few weeks ago, left us with sadness, The bill (S. 632) was read the third mittee on the Library to obtain a statue of but also with deep gratitude to the gift time and passed, as follows: Rosa Parks and to place the statue in the she left all of us. United States Capitol in National Statuary S. 632 Hall, and for other purposes. I am reminded of Dr. Martin Luther Be it enacted by the Senate and House of Rep- There being no objection, the Senate King’s conviction that human progress resentatives of the United States of America in never rolls in on the wheels of inevi- proceeded to consider the bill. Congress assembled, Mr. KERRY. Mr. President, last tability. It comes through the tireless SECTION 1. FINDINGS. night, the House of Representatives efforts of men. Today this Congress has Congress finds that Ukraine— passed H.R. 4145, a bill to direct the Ar- taken steps to ensure Parks’ achieve- (1) allows its citizens the right and oppor- chitect of the Capitol to obtain a stat- tunity to emigrate, free of any heavy tax on ments will never be forgotten. ue of Rosa Parks and to place the stat- f emigration or on the visas or other docu- ments required for emigration and free of ue in the United States Capitol in Na- RECOGNIZING 50TH ANNIVERSARY any tax, levy, fine, fee, or other charge on tional Statuary Hall. Today, the Sen- OF ROSA LOUISE PARKS’ RE- any citizens as a consequence of the desire of ate unanimously passed this legisla- FUSAL TO GIVE UP HER SEAT such citizens to emigrate to the country of tion, and I rise to thank my colleagues their choice; in this body and in the House of Rep- Mr. MCCONNELL. Mr. President, I (2) has received normal trade relations resentatives for their leadership and ask unanimous consent that the Judi- treatment since concluding a bilateral trade support for this important legislation, ciary Committee be discharged from agreement with the United States that en- which sends a message of hope and further consideration of H. Con. Res. tered into force on June 23, 1992, which re- freedom to the American people. 208, and that the Senate then proceed mains in force and provides the United Earlier this week a resolution spon- States with important rights; to its consideration. sored by Senator MCCONNELL and Sen- The PRESIDING OFFICER. Without (3) has been found to be in full compliance with the freedom of emigration requirements ator DODD passed this body to honor objection, it is so ordered. The clerk under title IV of the Trade Act of 1974 since Mrs. Parks. I thank Senators MCCON- will report the concurrent resolution 1997; NELL and DODD for their leadership on by title. (4) has committed itself to ensuring free- this issue and considering my concerns. The legislative clerk read as follows: dom of religion and preventing intolerance; I supported Mr. MCCONNELL’s and Mr. A concurrent resolution (H. Con. Res. 208) (5) has committed itself to continuing its DODD’s measure because I believe it is recognizing the 50th anniversary of Rosa efforts to return religious property to reli- paramount that we honor Rosa Parks Louise Parks’ refusal to give up her seat on gious organizations in accordance with exist- in our Capitol. However, I wanted to be the bus and the subsequent desegregation of ing law; clear that her statue should be in Stat- (6) has taken significant steps dem- American society. uary Hall, and I was glad to join Rep- There being no objection, the Senate onstrating its intentions to build a friendly and cooperative relationship with the United resentative JESSE JACKSON Jr. of Illi- proceeded to consider the concurrent States including participating in peace- nois in his effort to make that happen. resolution. keeping efforts in Europe; and Largely regarded as the mother of Mr. MCCONNELL. Mr. President, I (7) has made progress toward meeting the modern day Civil Rights move- ask unanimous consent that the reso- international commitments and standards in ment, Mrs. Parks’ act of courage on

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13410 CONGRESSIONAL RECORD — SENATE November 18, 2005 December 1, 1955, inspired a movement A resolution (S. Res. 322) expressing the Russia law associated with the transfer of that eventually brought about laws to sense of the Senate on the trial, sentencing Mr. Khodorkovsky and Mr. Lebedev; and end segregation, ensure voting rights, and imprisonment of Michael Khodorkovsky Whereas the selective disregard for the end discrimination in housing, and cre- and Platon Lebedev. rule of law by officials of the Russian Fed- eration further undermines the standing and ate a greater equality throughout this There being no objection, the Senate proceeded to consider the resolution. status of the Russian Federation among the nation. Moreover, it taught us all that democratic nations of the world: Now, there- Mr. MCCONNELL. I ask unanimous one individual can help to change the fore, be it world from the way things are to the consent that the resolution be agreed Resolved, That it is the sense of the Senate way things ought to be. With the pas- to, the preamble be agreed to, the mo- that— sage of this legislation, we ensure that tions to reconsider be laid upon the (1) the criminal justice system in Russia her memory is enshrined in the most table, and that any statements relating has not accorded Mikhail Khodorkovsky and Platon Lebedev fair, transparent, and impar- hallowed halls of our Government. On thereto be printed in the RECORD, with- out intervening action or debate. tial treatment under the laws of the Russian November 3, 2005, I introduced S. 1959, Federation; the companion legislation to Rep- The PRESIDING OFFICER. Without objection, it is so ordered. (2) the standing and status of the Russian resentative JACKSON’s H.R. 4145, which Federation among the democratic nations of The resolution (S. Res. 322) was would also place a statue of Rosa Parks the world would be greatly enhanced if the agreed to. in Statuary Hall in the Capitol. This is authorities of the Russian Federation were The preamble was agreed to. to take the necessary actions to dispel wide- a location of great significance, par- The resolution, with its preamble, ticularly on this occasion and particu- spread concerns that— reads as follows: (A) the criminal cases against Mr. larly with this individual. While there S. RES. 322 Khodorkovsky, Mr. Lebedev, and their asso- are memorials for prominent African ciates are politically motivated; Americans in the Capitol Collection, Whereas the United States supports the de- velopment of democracy, civil society, and (B) the transfer of Mr. Khodorkovsky and none of those are located in the hall the rule of law in the Russian Federation; Mr. Lebedev to prison camps thousands of that gives a State-by-State account of Whereas the rule of law and the guarantee kilometers from their homes and families our country’s history. of equal justice under the law are funda- represents a violation of the norms and prac- This week, Representative JACKSON mental attributes of democratic societies; tices of Russia law; and and I began a national week of action Whereas the trial, sentencing, and impris- (C) in cases dealing with perceived polit- ical threats to the authorities, the judiciary to pass our legislation honoring Rosa onment of Mikhail Khodorkovsky and Platon Lebedev have raised troubling ques- of Russia is an instrument of the Kremlin Parks with a statue in National Stat- and such judiciary is not truly independent; uary Hall. I thank Representative tions about the impartiality and integrity of the judicial system in Russia; and JACKSON for his leadership on this im- Whereas the Department of State 2004 (3) notwithstanding any other disposition portant effort. It was through his vi- Country Report on Human Rights Practices of the cases of Mr. Khodorkovsky and Mr. sion and dedication that we were able in Russia stated that the arrest of Mr. Lebedev, and without prejudice to further to reach our goal of having this legisla- Khodorkovsky was ‘‘widely believed to have disposition of same, Mr. Khodorkovsky and tion pass Congress by December 1, been prompted, at least in part, by the con- Mr. Lebedev should be transferred to penal facilities with locations that are consonant 2005—the 50th anniversary of Rosa siderable financial support he provided to op- position groups;’’ with the norms and general practices of Rus- Parks’ courageous decision not to sia law. move to the back of the bus. I also Whereas Secretary of State Condoleezza Rice has remarked that the arrest of Mr. f thank Senators MCCONNELL and DODD Khodorkovsky and the dismantling of his EXPRESSING SENSE OF SENATE for helping to make that happen. It company have ‘‘raised significant concerns’’ could not have been enacted without about the independence of the judiciary in THAT UNITED NATIONS AND their support. Russia; OTHER INTERNATIONAL ORGANI- Finally, I thank Senator OBAMA, Sen- Whereas the independent non-govern- ZATIONS NOT BE ALLOWED TO ator SMITH and my other Senate col- mental organization Freedom House has as- EXERCISE CONTROL OVER leagues who cosponsored S. 1959 for serted that the conviction of Mr. INTERNET Khodorkovsky ‘‘underscores the serious ero- their support in raising the awareness Mr. MCCONNELL. Mr. President, I and helping to ensure the passage of sion of the rule of law and growing intoler- ance for political dissent in Russia’’; ask unanimous consent that the Sen- this legislation. Mrs. Parks’ legacy, Whereas upon concluding an investigation ate now proceed to the consideration of and that of the movement she began, of the facts surrounding the case of Mr. S. Res. 323, which was submitted ear- has been served well by this bipartisan Khodorkovsky and Mr. Lebedev, the Human lier today. effort to honor her in Statuary Hall. Rights Committee of the Parliamentary As- The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I sembly of the Council of Europe determined clerk will report the resolution by ask unanimous consent that the bill be that the two men were ‘‘arbitrarily singled title. read three times and passed, the mo- out’’ by the Russia authorities, violating the The legislative clerk read as follows: tion to reconsider be laid upon the principle of equality before the law; A resolution (S. Res. 323) expressing the Whereas in May 2005, a Moscow court sen- sense of the Senate that the United Nations table, and that any statement relating tenced Mr. Khodorkovsky to serve 9 years in to the bill be printed in the RECORD, and other international organizations should prison; not be allowed to exercise control over the without intervening action or debate. Whereas Article 73 of the Russian Criminal Internet. The PRESIDING OFFICER. Without Penitentiary Code stipulates that except There being no objection, the Senate objection, it is so ordered. under extraordinary circumstances, pris- The bill (H.R. 4145) was read the third oners serve their terms of deprivation of lib- proceeded to consider the resolution. Mr. MCCONNELL. I ask unanimous time and passed. erty on the territory of subjects of the Rus- sian Federation where they reside or were consent that the resolution be agreed f convicted; to, the preamble be agreed to, and the EXPRESSING SENSE OF SENATE Whereas on or about October 16, 2005, Mr. motion to reconsider be laid upon the ON TRIAL, SENTENCING AND IM- Khodorkovsky was sent to prison camp YG table. PRISONMENT OF MICHAEL 14/10 in the Chita Region of Siberia; The PRESIDING OFFICER. Without KHODORKOVSKY AND PLATON Whereas on or about October 16, 2005, Mr. objection, it is so ordered. Lebedev was sent to penal camp number 98/ LEBEDEV The resolution (S. Res. 323) was 3 in the arctic region of Yamal-Nenets; agreed to. Mr. MCCONNELL. Mr. President, I Whereas the transfer of Mr. Khodorkovsky The preamble was agreed to. ask unanimous consent that the Sen- and Mr. Lebedev constitutes an apparent vio- The resolution, with its preamble, lation of Russia law and hearkens back to ate proceed to the immediate consider- reads as follows: ation of S. Res. 322 submitted earlier the worst practices and excesses of the So- viet era; S. RES. 323 today. Whereas a broad coalition of human rights Whereas market-based policies and private The PRESIDING OFFICER. The advocates and intellectuals in Russia have sector leadership have given the Internet the clerk will report the resolution by appealed to Vladimir Lukin, the Human flexibility to evolve; title. Rights Commissioner of the Russian Federa- Whereas given the importance of the Inter- The legislative clerk read as follows: tion, to investigate and rectify any abuse of net to the global economy, it is essential

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13411 that the underlying domain name system on the operations of the Internet that could (B) advance the values of an open Internet and technical infrastructure of the Internet result in an inadequate response to the rapid in the broader trade and diplomatic con- remain stable and secure; pace of technological change; versations of the United States. Whereas the Internet was created in the Whereas some nations that advocate rad- f United States and has flourished under ical change in the structure of Internet gov- United States supervision and oversight, and ernance censor the information available to EXPRESSING SUPPORT FOR the Federal Government has followed a path their citizens through the Internet and use PEOPLE OF SRI LANKA of transferring Internet control from the de- the Internet as a tool of surveillance to cur- fense sector to the civilian sector, including tail legitimate political discussion and dis- Mr. MCCONNELL. I now ask unani- the Internet Corporation for Assigned Names sent, and other nations operate tele- mous consent that the Senate proceed and Numbers (ICANN) with the goal of full communications systems as state-controlled to the consideration of S. Res. 324, privatization; monopolies or highly-regulated and highly- which was submitted earlier today. Whereas the developing world deserves the taxed entities; The PRESIDING OFFICER. The access to knowledge, services, commerce, Whereas some nations in support of trans- clerk will report the resolution by and communication, the accompanying bene- ferring Internet governance to an entity af- title. fits to economic development, education, filiated with the United Nations, or another The legislative clerk read as follows: and health care, and the informed discussion international entity, might seek to have that is the bedrock of democratic self-gov- such an entity endorse national policies that A resolution (S. Res. 324) expressing sup- ernment that the Internet provides; block access to information, stifle political port for the people of Sri Lanka in the wake Whereas the explosive and hugely bene- dissent, and maintain outmoded communica- of the tsunami and the assassination of the ficial growth of the Internet did not result tions structures; Sri Lankan Foreign Minister and urging sup- from increased government involvement but Whereas the structure and control of Inter- port and respect for free and fair elections in from the opening of the Internet to com- net governance has profound implications for Sri Lanka. merce and private sector innovation; homeland security, competition and trade, There being no objection, the Senate Whereas on June 30, 2005, President George democratization, free expression, access to proceeded to consider the resolution. W. Bush announced that the United States information, privacy, and the protection of Mr. MCCONNELL. I ask unanimous intends to maintain its historic role over the intellectual property, and the threat of some consent that the resolution be agreed master ‘‘root zone’’ file of the Internet, nations to take unilateral actions that which lists all authorized top-level Internet would fracture the root zone file would re- to, the preamble be agreed to, and the domains; sult in a less functional Internet with dimin- motion to reconsider be laid upon the Whereas the recently articulated prin- ished benefits for all people; table. ciples of the United States on the domain Whereas in the Declaration of Principles of The PRESIDING OFFICER. Without name and addressing system of the Internet the First World Summit on the Information objection, it is so ordered. (DNS) are that— Society, held in Geneva in 2003, delegates The resolution (S. Res. 324) was (1) the Federal Government will— from 175 nations declared the ‘‘common de- agreed to. (A) preserve the security and stability of sire and commitment to build a people-cen- The preamble was agreed to. the DNS; tered, inclusive and development oriented (B) take no action with the potential to ad- Information Society, where everyone can The resolution, with its preamble, versely affect the effective and efficient op- create, access, utilize and share information reads as follows: eration of the DNS; and and knowledge’’; S. RES. 324 (C) maintain the historic role of the United Whereas delegates at the First World Sum- Whereas, on December 26, 2004, Sri Lanka States regarding modifications to the root mit also reaffirmed, ‘‘as an essential founda- was struck by a tsunami that left some 30,000 zone file; tion of the Information Society, and as out- dead and hundreds of thousands of people (2) governments have a legitimate interest lined in Article 19 of the Universal Declara- homeless; in the management of country code top level tion of Human Rights, that everyone has the Whereas the United States and the world domains (ccTLD); right to freedom of opinion and expression’’ community recognized the global impor- (3) the United States is committed to and that ‘‘this right includes freedom to hold tance of preventing that tragedy from spi- working with the international community opinions without interference and to seek, raling into an uncontrolled disaster and sent to address the concerns of that community receive and import information and ideas aid to Sri Lanka to provide immediate relief; in accordance with the stability and security through any media and regardless of fron- Whereas the massive tsunami reconstruc- of the DNS; tiers’’; tion effort in Sri Lanka creates significant (4) ICANN is the appropriate technical Whereas the United Nations Secretary challenges for the country; manager of the Internet, and the United General has stated the objective of the 2005 Whereas the democratic process in Sri States will continue to provide oversight so World Summit on the Information Society in Lanka is further challenged by the refusal of that ICANN maintains focus and meets its Tunis is to ensure ‘‘benefits that new infor- the Liberation Tigers of Tamil Eelam, a core technical mission; and mation and communication technologies, in- group that the Secretary of State has des- (5) dialogue relating to Internet govern- cluding the Internet, can bring to economic ignated as a Foreign Terrorist Organization, ance should continue in multiple relevant and social development’’ and that ‘‘to defend to renounce violence as a means of effecting fora, and the United States encourages an the Internet is to defend freedom itself’’; and political change; ongoing dialogue with all stakeholders and Whereas discussions at the November 2005 Whereas, on August 12, 2005, the Sri will continue to support market-based ap- World Summit on the Information Society Lankan Foreign Minister Lakhsman proaches and private sector leadership; may include discussion of transferring con- Kadirgamar was assassinated at his home in Whereas the final report issued by the trol of the Internet to a new intergovern- Colombo in a brutal terrorist act that has Working Group on Internet Governance mental entity, and could be the beginning of been widely attributed to the Liberation Ti- (WGIG), established by the United Nations a prolonged international debate regarding gers of Tamil Eelam by officials in Sri Secretary General in accordance with a man- the future of Internet governance: Now, Lanka, the United States, and other coun- date given during the first World Summit on therefore, be it tries; the Information Society, and comprised of 40 Resolved, That the Senate— Whereas democratic elections are sched- members from governments, private sector, (1) calls on the President to continue to op- uled to be held in Sri Lanka on November 17, and civil society, issued 4 possible models, 1 pose any effort to transfer control of the 2005; and of which envisages a Global Internet Council Internet to the United Nations or any other Whereas the United States has an interest that would assume international Internet international entity; in a free and fair democratic process in Sri governance; (2) applauds the President for— Lanka, and the peaceful resolution of the in- Whereas that report contains recommenda- (A) clearly and forcefully asserting that surgency that has afflicted Sri Lanka for tions for relegating the private sector and the United States has no present intention of more than two decades: Now, therefore, be it nongovernmental organizations to an advi- relinquishing the historic leadership role the Resolved, That the Senate— sory capacity; United States has played in Internet govern- (1) expresses its support for the people of Whereas the European Union has also pro- ance; and Sri Lanka as they recover from the dev- posed transferring control of the Internet, (B) articulating a vision of the future of astating tsunami that occurred on December including the global allocation of Internet the Internet that places privatization over 26, 2004, and the assassination of the Sri Protocol number blocks, procedures for politicization with respect to the Internet; Lankan Foreign Minister Lakhsman changing the root zone file, and rules appli- and Kadirgamar on August 12, 2005; cable to DNS, to a ‘‘new model of inter- (3) calls on the President to— (2) expresses its support for the courageous national cooperation’’ which could confer (A) recognize the need for, and pursue a decision by the democratically-elected Gov- significant leverage to the Governments of continuing and constructive dialogue with ernment of Sri Lanka, following the assas- Iran, Cuba, and China, and could impose an the international community on, the future sination of Foreign Minister Kadirgamar, to undesirable layer of politicized bureaucracy of Internet governance; and remain in discussions with the Liberation

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13412 CONGRESSIONAL RECORD — SENATE November 18, 2005 Tigers of Tamil Eelam in an attempt to re- (1) in subsection (a)— fort, and financial investment. They solve peacefully the issues facing the people (A) in paragraph (2)(B), by striking ‘‘A vol- are afforded intellectual property pro- of Sri Lanka; and unteer organization in a participating State tection under the Vessel Hull Design (3) urges all parties in Sri Lanka to remain may not submit background check requests Protection Act that Congress passed in under paragraph (3).’’; committed to the negotiating process and to 1998. This law exists for the same rea- make every possible attempt at national rec- (B) in paragraph (3)— onciliation. (i) in subparagraph (A), by striking ‘‘a 30- son that other works enjoy intellectual month’’ and inserting: ‘‘a 60-month’’; property rights: to encourage contin- f (ii) by striking subparagraph (B) and in- ued innovation, to protect the works AUTHORIZATION FOR PRINTING OF serting the following: that emerge from the creative process, SENATE ELECTION LAW GUIDE- ‘‘(B) PARTICIPATING ORGANIZATIONS.— and to reward the creators. Recent ‘‘(i) ELIGIBLE ORGANIZATIONS.—Eligible or- BOOK courtroom experience has made it clear ganizations include— that the protections Congress passed 7 Mr. MCCONNELL. Mr. President, I ‘‘(I) the Boys and Girls Clubs of America; years ago need some statutory refine- now ask unanimous consent that the ‘‘(II) the MENTOR/National Mentoring Partnership; ment to ensure they meet the purposes Senate proceed to the consideration of we envisioned. The Vessel Hull Design S. Res. 325, which was submitted ear- ‘‘(III) the National Council of Youth Sports; and Protection Act Amendments shore up lier today. ‘‘(IV) any nonprofit organization that pro- the law, making an important clari- The PRESIDING OFFICER. The vides care, as that term is defined in section fication about the scope of the protec- clerk will report the resolution by 5 of the National Child Protection Act of 1993 tions available to boat designs. title. (42 U.S.C. 5119c), for children. We continue to be fascinated with, The legislative clerk read as follows: ‘‘(ii) PILOT PROGRAM.—The eligibility of an and in so many ways dependent on, organization described in clause (i)(IV) to A resolution (S. Res. 325) to authorize the bodies of water, both for recreation and participate in the pilot program established printing of a revised edition of the Senate under this section shall be determined by the commerce. More than 50 percent of Election Law Guidebook. National Center for Missing and Exploited Americans live on or near the coastline There being no objection, the Senate Children according to criteria established by in this country. We seem always to be proceeded to consider the resolution. such Center, including the potential number drawn to the water, whether it is the Mr. MCCONNELL. I ask unanimous of applicants and suitability of the organiza- beautiful Lake Champlain in my home consent that the resolution be agreed tion to the intent of this section.’’; State of Vermont or the world’s large to and the motion to reconsider be laid (iii) by striking subparagraph (C) and in- oceans. And as anyone who has visited serting the following: upon the table. our seaports can attest, much of our ‘‘(C) APPLICANTS FROM PARTICIPATING ORGA- commerce involves sea travel. I would The PRESIDING OFFICER. Without NIZATIONS.—Participating organizations may objection, it is so ordered. request background checks on applicants for like to thank Senators KOHL and The resolution (S. Res. 325) was positions as volunteers and employees who HATCH for cosponsoring this legisla- agreed to, as follows: will be working with children or supervising tion. Protecting boat designs and en- S. RES. 325 volunteers.’’; couraging innovation in those designs (iv) in subparagraph (D), by striking ‘‘the Resolved, That the Committee on Rules and are worthy aims, and I am grateful organizations described in subparagraph (C)’’ Administration shall prepare a revised edi- that we have moved to pass this bipar- and inserting ‘‘participating organizations’’; tion of the Senate Election Law Guidebook, tisan legislation. and Senate Document 106–14 , and that such doc- Mr. MCCONNELL. I ask unanimous (v) in subparagraph (F), by striking ‘‘14 ument shall be printed as a Senate docu- consent the bill be read a third time business days’’ and inserting ‘‘10 business ment. days’’; and and passed, the motion to reconsider be SEC. 2. There shall be printed, beyond the (2) in subsection (c)(1), by striking ‘‘and laid on the table with no intervening usual number, 500 additional copies of the 2005’’ and inserting ‘‘through 2008’’. action or debate, and any statements document specified in the first section for f be printed in the RECORD. the use of the Committee on Rules and Ad- The PRESIDING OFFICER. Without ministration. VESSEL HULL DESIGN objection, it is so ordered. f PROTECTION AMENDMENTS of 2005 The bill (S. 1785) was read the third time and passed, as follows: CHILD SAFETY PILOT PROGRAM Mr. MCCONNELL. Mr. President, I ask unanimous consent the Judiciary Com- S. 1785 Mr. MCCONNELL. Mr. President, I mittee be discharged from further con- Be it enacted by the Senate and House of Rep- now ask unanimous consent that the sideration of S. 1785 and the Senate resentatives of the United States of America in Senate proceed to the immediate con- proceed to its immediate consider- Congress assembled, sideration of Calendar No. 298, S. 1961. ation. SECTION 1. SHORT TITLE. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without This Act may be cited as the ‘‘Vessel Hull clerk will report the bill by title. objection, it is so ordered. The clerk Design Protection Amendments of 2005’’. The legislative clerk read as follows: will report the bill by title. SEC. 2. DESIGNS PROTECTED. The legislative clerk read as follows: Section 1301(a) of title 17, United States A bill (S. 1961) to extend and expand the Code, is amended by striking paragraph (2) Child Safety Pilot Program. A bill (S. 1785) to amend chapter 13 of title and inserting the following: There being no objection, the Senate 17, United States Code (relating to the vessel ‘‘(2) VESSEL FEATURES.—The design of a hull design protection), to clarify the dis- vessel hull or deck, including a plug or mold, proceeded to consider the bill. tinction between a hull and a deck, to pro- Mr. MCCONNELL. I ask unanimous is subject to protection under this chapter, vide factors for the determination of the notwithstanding section 1302(4).’’. consent that the bill be read a third protectability of a revised design, to provide time and passed, the motion to recon- guidance for assessments of substantial simi- SEC. 3. DEFINITIONS. Section 1301(b) of title 17, United States larity, and for other purposes. sider be laid upon the table, and that Code, is amended— any statements relating to the bill be There being no objection, the Senate (1) in paragraph (2), by striking ‘‘vessel printed in the RECORD. proceeded to consider the bill. hull, including a plug or mold,’’ and insert- The bill (S. 1961) was read the third Mr. LEAHY. Mr. President, Senator ing ‘‘vessel hull or deck, including a plug or time and passed, as follows: CORNYN and I have already worked to- mold,’’; S. 1961 gether on significant Freedom of Infor- (2) by striking paragraph (4) and inserting the following: Be it enacted by the Senate and House of Rep- mation Act legislation and on counter- feiting legislation during the first ses- ‘‘(4) A ‘hull’ is the exterior frame or body resentatives of the United States of America in of a vessel, exclusive of the deck, super- Congress assembled, sion of this Congress. Today, we pass yet another bill and take our partner- structure, masts, sails, yards, rigging, hard- SECTION 1. SHORT TITLE. ware, fixtures, and other attachments.’’; and This Act may be cited as the ‘‘Extending ship to the high seas, or at least to our (3) by adding at the end the following: the Child Safety Pilot Program Act of 2005’’. Nation’s boat manufacturing industry, ‘‘(7) A ‘deck’ is the horizontal surface of a SEC. 2. EXTENSION OF THE CHILD SAFETY PILOT with the Vessel Hull Design Protection vessel that covers the hull, including exte- PROGRAM. Act Amendments of 2005. rior cabin and cockpit surfaces, and exclu- Section 108 of the PROTECT Act (42 U.S.C. Designs of boat vessel hulls are often sive of masts, sails, yards, rigging, hardware, 5119a note) is amended— the result of a great deal of time, ef- fixtures, and other attachments.’’.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13413 LAND CONVEYANCE IN THE CITY record of the United States to the facility re- While we must provide all necessary OF RICHFIELD, UTAH ferred to in subsection (a) shall be deemed to resources to the AU, we should also be a reference to the ‘‘Holly A. Charette Post Mr. MCCONNELL. Mr. President, I recognize its limitations. This bill Office’’. identifies specific areas where NATO ask unanimous consent the Senate pro- f ceed to the immediate consideration of should provide assistance, including Calendar No. 282, H.R. 680. DARFUR PEACE AND training, logistics, command and con- The PRESIDING OFFICER. The ACCOUNTABILITY ACT OF 2005 trol, and intelligence. clerk will report the bill by title. Mr. MCCONNELL. Mr. President, I The message is clear: the AU’s failure The legislative clerk read as follows: ask unanimous consent the Committee will be ours. And, as the genocide con- tinues to unfold, there will be only one A bill (H.R. 680) to direct the Secretary of on Foreign Relations be discharged Interior to convey certain land held in trust from further consideration of S. 1462 question. Were all available resources for the Paiute Indian Tribe of Utah to the and the Senate proceed to its imme- expended to stop it? City of Richfield, Utah, and for other pur- diate consideration. Second, the bill insists that the poses. The PRESIDING OFFICER. Without United States work to impose sanc- Mr. MCCONNELL. I ask unanimous objection, it is so ordered. The clerk tions currently available under exist- consent the bill be read a third time will report the bill by title. ing U.N. Security Council resolutions and passed, the motion to reconsider be The legislative clerk read as follows: and seek to pass a new, more effective laid upon the table, and that any state- A bill (S. 1462) to promote peace and ac- resolution. The U.N. must impose the ments relating to the bill be printed in countability in Sudan, and for other pur- targeted sanctions promised under pre- the RECORD. poses. vious resolutions. And it must extend The PRESIDING OFFICER. Without There being no objection, the Senate the arms embargo to include all of objection, it is so ordered. proceeded to consider the bill. Sudan and thus truly ensure that weap- The bill (H.R. 680) was read the third Mr. CORZINE. Mr. President, today ons do not end up in Darfur. time and passed. the Senate has passed the bipartisan The bill grants the President the au- Darfur Peace and Accountability Act thority to impose real sanctions— f introduced by my colleague, Senator blocking of assets and denial of visas— DESIGNATING THE HOLLY A. BROWNBACK, and myself. This legisla- to those responsible for genocide, war CHARETTE POST OFFICE tion is a critical step in finally stop- crimes and crimes against humanity, ping the genocide raging in Darfur and and requires that he report to Congress bringing lasting peace to the region. any waiver of those sanctions. Indi- DESIGNATING THE RANDALL D. It has been 15 months since the Con- vidual accountability changes behav- SHUGHART POST OFFICE BUILD- gress declared the atrocities in Darfur ior. This is a powerful tool, and I am ING to be genocide, and over a year since hopeful that the President will use it the administration made the same dec- to its fullest. DESIGNATING THE VINCENT laration. Yet far too little has been This bill has other critical provi- PALLADINO POST OFFICE done to live up to our moral obligation sions. It denies entry to our ports to to actually save lives. Fellow human ships working with Sudan’s oil sector. beings are being mercilessly slaugh- It prohibits assistance to countries vio- DESIGNATING THE WILLIE tered. We have the capacity to protect lating the arms embargo. And it calls VAUGHN POST OFFICE them. If we do not, history will forever for a Presidential envoy to bring the full weight of this administration to Mr. McCONNELL. Mr. President, I condemn our failure. That is what this bear on stopping the genocide and re- ask unanimous consent the Homeland bill is about. This is the second time a version of solving the crisis engulfing Sudan and Security and Governmental Affairs this bill has passed the Senate. In the region. Committee be discharged from further April, the bill was included as an Darfur must be a priority. The consideration, and the Senate proceed amendment to the emergency supple- United States has faced resistance to to the immediate consideration of S. ment appropriations bill but was multilateral sanctions against Sudan. 1989, H.R. 2062, H.R. 2183, and H.R. 3853, stripped out in conference. This time, But the answer is not to give up. The all en bloc. however, I am hopeful that the bill will issue should be raised in bilateral and The PRESIDING OFFICER. Without be passed into law. A dedicated, bipar- multilateral settings. Countries that objection, it is so ordered. The Senate tisan group of House members, includ- do business with Sudan and seek to will proceed to the consideration of the ing Congressman PAYNE, have pushed shield the government from sanctions measures en bloc. this legislation. Through their efforts need to understand that we are abso- Mr. MCCONNELL. I ask unanimous and with the support of leadership, we lutely committed to stopping genocide consent the bills be read a third time can pass this bill. and that our bilateral relations are at and passed and the motions to recon- That’s when the work will really stake. sider be laid on the table en bloc. begin. This legislation outlines the There is no time to lose. The situa- The PRESIDING OFFICER. Without policies and provides the authorities tion in Darfur is deteriorating by the objection, it is so ordered. necessary to stop the genocide. day. AU troops have been attacked, The bill (H.R. 2062) was read the third First, the bill recognizes that boots held hostage and killed. IDP camps time and passed. on the ground are needed to provide se- have been overrun in recent weeks and The bill (H.R. 2183) was read the third curity. It calls for the rapid expansion dozens have been slaughtered. Hun- time and passed. of the size and mandate of African dreds of thousands of internally dis- The bill (H.R. 3853) was read the third Union, AU, forces in Darfur. We must, placed persons can no longer be time and passed. however, provide actual resources to reached by humanitarian organiza- The bill (S. 1989) was read the third the AU for it to be effective. Just a few tions. The conflict has spread into time and passed as follows: weeks ago, a Senate amendment to the Chad, which already is straining to S. 1989 Foreign Operations appropriations bill support 200,000 Darfur refugees. We are Be it enacted by the Senate and House of Rep- for $50 million was removed in con- looking at the complete meltdown of resentatives of the United States of America in ference, leaving the AU with an ever- the region. What positive efforts have Congress assembled, increasing shortfall at precisely the been made in the last year and a half, SECTION 1. HOLLY A. CHARETTE POST OFFICE. worst moment. By passing this legisla- the incredible work of NGOs, the im- (a) DESIGNATION.—The facility of the tion, the Senate has once again portant efforts of a couple thousand United States Postal Service located at 57 stressed the need for greater U.S. as- Rolfe Square in Cranston, Rhode Island, AU troops in a region the size of Texas, shall be known and designated as the ‘‘Holly sistance to the AU. The administration could soon be reversed. A. Charette Post Office’’. must now follow up by requesting sig- I am grateful to my colleagues on (b) REFERENCES.—Any reference in a law, nificant funding for the AU in its next both sides of the aisle who have sup- map, regulation, document, paper, or other supplemental request. ported this bill and have joined me in

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13414 CONGRESSIONAL RECORD — SENATE November 18, 2005 demanding that we end this genocide. I (i) who was not a member of such govern- (8) On March 24, 2005, the United Nations must also recognize the incredible ef- ment prior to July 1, 2005; or Security Council passed Security Council forts of civic and student groups, peo- (ii) who is a member of the regional Gov- Resolution 1590, establishing the United Na- ple of faith of all religions and denomi- ernment of Southern Sudan. tions Mission in Sudan (UNMIS), consisting (3) COMPREHENSIVE PEACE AGREEMENT FOR of up to 10,000 military personnel and 715 ci- nations, and Americans from all over SUDAN.—The term ‘‘Comprehensive Peace vilian police and tasked with supporting im- the country and from all walks of life Agreement for Sudan’’ means the peace plementation of the Comprehensive Peace who have come together on this issue. agreement signed by the Government of Agreement for Sudan and ‘‘closely and con- I have visited the IDP camps of Sudan and the Sudan People’s Liberation tinuously liais[ing] and coordinat[ing] at all Darfur and camps for Darfur refugees Movement/Army (SPLM/A) in Nairobi, levels with the African Union Mission in in Chad. But in our time, when news of Kenya, on January 9, 2005. Sudan (AMIS) with a view towards expedi- human misery crosses the globe in an SEC. 3. FINDINGS. tiously reinforcing the effort to foster peace instant, none of us can pretend that we Congress makes the following findings: in Darfur’’. (1) On July 22, 2004, the House of Rep- don’t see. That is why so many of our (9) On March 29, 2005, the United Nations resentatives and the Senate declared that Security Council passed Security Council citizens have risen up and demanded the atrocities occurring in the Darfur region Resolution 1591, extending the military em- action, not just words. of Sudan are genocide. bargo established by Security Council Reso- The American people understand (2) On September 9, 2004, Secretary of State lution 1556 to all the parties to the what Elie Wiesel said about Darfur well Colin L. Powell stated before the Committee N’djamena Ceasefire Agreement and any over a year ago. He asked: on Foreign Relations of the Senate, ‘‘geno- other belligerents in the states of North How can a citizen of a free country cide has been committed in Darfur and. . . the Darfur, South Darfur, and West Darfur, call- Government of Sudan and the [Janjaweed] not pay attention? How can anyone, ing for an asset freeze and travel ban against bear responsibility—and genocide may still those individuals who impede the peace proc- anywhere not feel outraged? How can a be occurring’’. ess, constitute a threat to stability in Darfur person, whether religious or secular, (3) On September 21, 2004, in an address be- and the region, commit violations of inter- not be moved by compassion? And fore the United Nations General Assembly, national humanitarian or human rights law above all, how can anyone who remem- President George W. Bush affirmed the Sec- or other atrocities, are responsible for offen- bers remain silent? retary of State’s finding and stated, ‘‘[a]t sive military overflights, or violate the mili- this hour, the world is witnessing terrible tary embargo, and establishing a Committee Elie Wiesel was referring of course to suffering and horrible crimes in the Darfur the memory of the Holocaust from of the Security Council and a Panel of Ex- region of Sudan, crimes my government has perts to assist in monitoring compliance which the moral imperative of our day concluded are genocide’’. with Security Council Resolutions 1556 and was borne: ‘‘never again.’’ Never again (4) On July 30, 2004, the United Nations Se- 1591. will we stand by. Never again will we curity Council passed Security Council Reso- (10) On March 31, 2005, the United Nations forget our common humanity. Never lution 1556, calling upon the Government of Security Council passed Security Council again will we turn away. Sudan to disarm the Janjaweed militias and Resolution 1593, referring the situation in to apprehend and bring to justice Janjaweed Mr. MCCONNELL. I ask unanimous Darfur since July 1, 2002, to the prosecutor of leaders and their associates who have incited consent that the Brownback amend- the International Criminal Court and calling and carried out violations of human rights on the Government of Sudan and all parties ment at the desk be agreed to, the bill and international humanitarian law, and es- as amended be read a third time and to the conflict to cooperate fully with the tablishing a ban on the sale or supply of Court. arms and related materiel of all types, in- passed, the motion to reconsider be (11) In remarks before the G–8 Summit on cluding the provision of related technical laid upon the table, and any state- June 30, 2005, President Bush reconfirmed training or assistance, to all nongovern- ments relating to the measure be print- that ‘‘the violence in Darfur is clearly geno- mental entities and individuals, including ed in the RECORD. cide’’ and ‘‘the human cost is beyond cal- the Janjaweed. The PRESIDING OFFICER. Without culation’’. (5) On September 18, 2004, the United Na- (12) On July 30, 2005, Dr. John Garang de objection, it is so ordered. tions Security Council passed Security Coun- Mabior, the newly appointed Vice President The amendment (No. 2674) was agreed cil Resolution 1564, determining that the of Sudan and the leader of the Sudan Peo- to. Government of Sudan had failed to meet its ple’s Liberation Movement/Army (SPLM/A) (The amendment is printed in today’s obligations under Security Council Resolu- for the past 21 years, was killed in a tragic RECORD under ‘‘Text of Amendments.’’) tion 1556, calling for a military flight ban in The bill (S. 1462), as amended, was and over the Darfur region, demanding the helicopter crash in southern Sudan, sparking names of Janjaweed militiamen disarmed riots in Khartoum and challenging the com- read the third time and passed, as fol- mitment of all the people of Sudan to the lows: and arrested for verification, establishing an International Commission of Inquiry on Comprehensive Peace Agreement for Sudan. S. 1462 Darfur to investigate violations of inter- SEC. 4. SENSE OF CONGRESS. Be it enacted by the Senate and House of Rep- national humanitarian and human rights It is the sense of Congress that— resentatives of the United States of America in laws, and threatening sanctions should the (1) the genocide unfolding in the Darfur re- Congress assembled, Government of Sudan fail to fully comply gion of Sudan is characterized by atrocities SECTION 1. SHORT TITLE. with Security Council Resolutions 1556 and directed against civilians, including mass This Act may be cited as the ‘‘Darfur 1564, including such actions as to affect Su- murder, rape, and sexual violence committed Peace and Accountability Act of 2005’’. dan’s petroleum sector or individual mem- by the Janjaweed and associated militias SEC. 2. DEFINITIONS. bers of the Government of Sudan. with the complicity and support of the Na- In this Act: (6) The Report of the International Com- tional Congress Party-led faction of the Gov- (1) APPROPRIATE CONGRESSIONAL COMMIT- mission of Inquiry on Darfur established ernment of Sudan; TEES.—The term ‘‘appropriate congressional that the ‘‘Government of the Sudan and the (2) all parties to the conflict in the Darfur committees’’ means the Committee on Inter- Janjaweed are responsible for serious viola- region have continued to violate the national Relations of the House of Rep- tions of international human rights and hu- N’djamena Ceasefire Agreement of April 8, resentatives and the Committee on Foreign manitarian law amounting to crimes under 2004, and the Abuja Protocols of November 9, Relations of the Senate. international law,’’ that ‘‘these acts were 2004, and violence against civilians, humani- (2) GOVERNMENT OF SUDAN.— conducted on a widespread and systematic tarian aid workers, and personnel of the Af- (A) IN GENERAL.—The term ‘‘Government basis, and therefore may amount to crimes rican Union Mission in Sudan (AMIS) is in- of Sudan’’ means the National Congress against humanity,’’ and that Sudanese offi- creasing; Party, formerly known as the National Is- cials and other individuals may have acted (3) the African Union should rapidly ex- lamic Front, government in Khartoum, with ‘‘genocidal intent’’. pand the size and amend the mandate of the Sudan, or any successor government formed (7) The Report of the International Com- African Union Mission in Sudan (AMIS) to on or after the date of the enactment of this mission of Inquiry on Darfur further notes authorize such action as may be necessary to Act (including the coalition National Unity that, pursuant to its mandate and in the protect civilians and humanitarian oper- Government agreed upon in the Comprehen- course of its work, the Commission had col- ations, and deter violence in the Darfur re- sive Peace Agreement for Sudan), except lected information relating to individual gion without delay; that such term does not include the regional perpetrators of acts constituting ‘‘violations (4) the international community, including Government of Southern Sudan. of international human rights law and inter- the United Nations, the North Atlantic Trea- (B) OFFICIALS OF THE GOVERNMENT OF national humanitarian law, including crimes ty Organization (NATO), the European SUDAN.—The term ‘‘Government of Sudan’’, against humanity and war crimes’’ and that Union, and the United States, should imme- when used with respect to an official of the a sealed file containing the names of those diately act to mobilize sufficient political, Government of Sudan, does not include an individual perpetrators had been delivered to military, and financial resources to support individual— the United Nations Secretary-General. the expansion of the African Union Mission

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(5) if an expanded and reinforced African ple’s Liberation Movement (SPLM) should— (a) UNITED STATES ASSISTANCE TO SUPPORT Union Mission in Sudan fails to stop geno- (A) seek to transform the SPLM into an in- AMIS.—Section 7 of the Comprehensive cide in the Darfur region, the international clusive, transparent, and democratic polit- Peace in Sudan Act of 2004 (Public Law 108– community should take additional, disposi- ical body; 497; 50 U.S.C. 1701 note) is amended— tive measures to prevent and suppress acts of (B) reaffirm the commitment of the SPLM (1) by striking ‘‘Notwithstanding’’ and in- genocide in the Darfur region; to bringing peace not only to southern serting ‘‘(a) GENERAL ASSISTANCE.—Notwith- (6) acting under Article 5 of the Charter of Sudan, but also to the Darfur region, eastern standing’’; and the United Nations, the United Nations Se- Sudan, and northern Uganda; and (2) by adding at the end the following new curity Council should call for suspension of (C) remain united in the face of potential subsection: ‘‘(b) ASSISTANCE TO SUPPORT AMIS.—Not- the Government of Sudan’s rights and privi- efforts to undermine the SPLM. withstanding any other provision of law, the leges of membership by the General Assem- SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN President is authorized to provide assist- DARFUR. bly until such time as the Government of ance, on such terms and conditions as the Sudan has honored pledges to cease attacks (a) BLOCKING OF ASSETS AND RESTRICTION President may determine and in consulta- upon civilians, demobilize the Janjaweed and ON VISAS.—Section 6 of the Comprehensive tion with the appropriate congressional com- associated militias, grant free and unfet- Peace in Sudan Act of 2004 (Public Law 108– mittees, to reinforce the deployment and op- tered access for deliveries of humanitarian 497; 50 U.S.C. 1701 note) is amended— erations of an expanded African Union Mis- assistance in the Darfur region, and allow for (1) in the heading of subsection (b), by in- sion in Sudan (AMIS) with the mandate, size, safe, unimpeded, and voluntary return of ref- serting ‘‘OF APPROPRIATE SENIOR OFFICIALS strength, and capacity to protect civilians ugees and internally displaced persons; OF THE SUDANESE GOVERNMENT’’ after ‘‘AS- and humanitarian operations, stabilize the (7) the President should use all necessary SETS’’; Darfur region of Sudan and dissuade and and appropriate diplomatic means to ensure (2) by redesignating subsections (c) deter air attacks directed against civilians the full discharge of the responsibilities of through (e) as subsections (d) through (f), re- and humanitarian workers, including but not the Committee of the United Nations Secu- spectively; and limited to providing assistance in the areas rity Council and the Panel of Experts estab- (3) by inserting after subsection (b) the fol- of logistics, transport, communications, ma- lished pursuant to section 3(a) of Security lowing new subsection: teriel support, technical assistance, training, Council Resolution 1591 (March 29, 2005); ‘‘(c) BLOCKING OF ASSETS AND RESTRICTION command and control, aerial surveillance, (8) the United States should not provide as- ON VISAS OF CERTAIN INDIVIDUALS IDENTIFIED and intelligence.’’. sistance to the Government of Sudan, other BY THE PRESIDENT.— (b) NATO ASSISTANCE TO SUPPORT AMIS.— than assistance necessary for the implemen- ‘‘(1) BLOCKING OF ASSETS.—Beginning on The President should instruct the United tation of the Comprehensive Peace Agree- the date that is 30 days after the date of the States Permanent Representative to the ment for Sudan, the support of the regional enactment of the Darfur Peace and Account- North Atlantic Treaty Organization (NATO) Government of Southern Sudan and ability Act of 2005, and in the interest of con- to use the voice, vote, and influence of the marginalized areas in northern Sudan (in- tributing to peace in Sudan, the President United States at NATO to advocate NATO cluding the Nuba Mountains, Southern Blue shall, consistent with the authorities grant- reinforcement of the African Union Mission Nile, Abyei, Eastern Sudan (Beja), Darfur, ed in the International Emergency Economic in Sudan (AMIS), upon the request of the Af- and Nubia), as well as marginalized peoples Powers Act (50 U.S.C. 1701 et seq.), block the rican Union, including but not limited to the in and around Khartoum, or for humani- assets of any individual who the President provision of assets to dissuade and deter of- tarian purposes in Sudan, until such time as determines is complicit in, or responsible fensive air strikes directed against civilians the Government of Sudan has honored for, acts of genocide, war crimes, or crimes and humanitarian workers in the Darfur re- pledges to cease attacks upon civilians, de- against humanity in Darfur, including the gion of Sudan and other logistical, transpor- mobilize the Janjaweed and associated mili- family members or any associates of such in- tation, communications, training, technical tias, grant free and unfettered access for de- dividual to whom assets or property of such assistance, command and control, aerial sur- liveries of humanitarian assistance in the individual was transferred on or after July 1, veillance, and intelligence support. Darfur region, and allow for safe, unimpeded, 2002. (c) DENIAL OF ENTRY AT UNITED STATES and voluntary return of refugees and inter- ‘‘(2) RESTRICTION ON VISAS.—Beginning on PORTS TO CERTAIN CARGO SHIPS OR OIL TANK- nally displaced persons; the date that is 30 days after the date of the ERS.— (9) the President should seek to assist enactment of the Darfur Peace and Account- (1) IN GENERAL.—The President should take members of the Sudanese diaspora in the ability Act of 2005, and in the interest of con- all necessary and appropriate steps to deny United States by establishing a student loan tributing to peace in Sudan, the President the Government of Sudan access to oil reve- forgiveness program for those individuals shall deny visas and entry to any individual nues, including by prohibiting entry at who commit to return to southern Sudan for who the President determines is complicit United States ports to cargo ships or oil a period of not less than 5 years for the pur- in, or responsible for, acts of genocide, war tankers engaged in business or trade activi- pose of contributing professional skills need- crimes, or crimes against humanity in ties in the oil sector of Sudan or involved in ed for the reconstruction of southern Sudan; Darfur, including the family members or any the shipment of goods for use by the armed (10) the President should appoint a Presi- associates of such individual to whom assets forces of Sudan, until such time as the Gov- dential Envoy for Sudan to provide steward- or property of such individual was trans- ernment of Sudan has honored its commit- ship of efforts to implement the Comprehen- ferred on or after July 1, 2002.’’. ments to cease attacks on civilians, demobi- sive Peace Agreement for Sudan, seek ways (b) WAIVER.—Section 6(d) of the Com- lize and demilitarize the Janjaweed and asso- to bring stability and peace to the Darfur re- prehensive Peace in Sudan Act of 2004 (as re- ciated militias, grant free and unfettered ac- gion, address instability elsewhere in Sudan designated by subsection (a)) is amended by cess for deliveries of humanitarian assist- and northern Uganda, and pursue a truly adding at the end the following new sen- ance, and allow for the safe and voluntary comprehensive peace throughout the region; tence: ‘‘The President may waive the appli- return of refugees and internally displaced (11) in order to achieve the goals specified cation of paragraph (1) or (2) of subsection (c) persons. in paragraph (10) and to further promote with respect to an individual if— (2) EXCEPTION.—Paragraph (1) shall not human rights and civil liberties, build de- ‘‘(1) the President determines that such a apply with respect to cargo ships or oil tank- mocracy, and strengthen civil society, the waiver is in the national interest of the ers involved in an internationally-recognized Presidential Envoy for Sudan should be em- United States; and demobilization program or the shipment of powered to promote and encourage the ex- ‘‘(2) prior to exercising the waiver, the non-lethal assistance necessary to carry out change of individuals pursuant to edu- President transmits to the appropriate con- elements of the Comprehensive Peace Agree- cational and cultural programs, including gressional committees a notification of the ment for Sudan. programs funded by the United States Gov- waiver that includes the name of the indi- (d) PROHIBITION ON ASSISTANCE TO COUN- ernment; vidual and the reasons for the waiver.’’. TRIES IN VIOLATION OF UNITED NATIONS SECU- (12) the international community should (c) SANCTIONS AGAINST CERTAIN JANJAWEED RITY COUNCIL RESOLUTIONS 1556 AND 1591.— strongly condemn attacks against humani- COMMANDERS AND COORDINATORS.—The Presi- (1) PROHIBITION.—Amounts made available tarian workers and demand that all armed dent should immediately consider imposing to carry out the Foreign Assistance Act of groups in the Darfur region, including the the sanctions described in section 6(c) of the 1961 (22 U.S.C. 2151 et seq.) may not be used forces of the Government of Sudan, the Comprehensive Peace in Sudan Act of 2004 to provide assistance to the government of a Janjaweed, associated militias, the Sudan (as added by subsection (a)) against the country that is in violation of the embargo Liberation Movement/Army (SLM/A), the Janjaweed commanders and coordinators on military assistance with respect to Sudan Justice and Equality Movement (JEM), and identified by former United States Ambas- imposed pursuant to United Nations Secu- all other armed groups to refrain from such sador-at-Large for War Crimes before the rity Council Resolutions 1556 (July 30, 2004) attacks; Subcommittee on Africa of the Committee and 1591 (March 29, 2005).

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(2) WAIVER.—The President may waive the SEC. 8. CONTINUATION OF RESTRICTIONS. rectly related to that export’’ and inserting application of paragraph (1) if the President Restrictions against the Government of ‘‘activities or related transactions with re- determines and certifies to the appropriate Sudan that were imposed or are otherwise spect to southern Sudan, southern Kordofan/ congressional committees that it is in the applicable pursuant to Executive Order 13067 Nuba Mountains State, Blue Nile State, or national interests of the United States to do of November 3, 1997 (62 Federal Register Abyei’’; and so. 59989), title III and sections 508, 512, 527, and (4) by striking ‘‘the export or related 569 of the Foreign Operations, Export Fi- transaction’’ and all that follows and insert- SEC. 7. MULTILATERAL EFFORTS. nancing, and Related Programs Appropria- ing ‘‘such activities or related transactions The President shall direct the United tions Act, 2005 (division D of Public Law 108– would directly benefit the economic recovery States Permanent Representative to the 447), or any other similar provision of law, and development of those areas and people.’’. United Nations to use the voice and vote of should remain in effect and should not be SEC. 10. REPORTS. the United States to urge the adoption of a lifted pursuant to such provisions of law (a) REPORT ON AFRICAN UNION MISSION IN resolution by the United Nations Security until the President transmits to the appro- SUDAN (AMIS).—Section 8 of the Sudan Council which— priate congressional committees a certifi- Peace Act (Public Law 107–245; 50 U.S.C. 1701 (1) supports the expansion of the African cation that the Government of Sudan is act- note) is amended— Union Mission in Sudan (AMIS) so that it ing in good faith— (1) by redesignating subsection (c) as sub- achieves the mandate, size, strength, and ca- (1) to peacefully resolve the crisis in the section (d); and pacity needed to protect civilians and hu- Darfur region of Sudan; (2) by inserting after subsection (b) the fol- manitarian operations, and dissuade and (2) to disarm, demobilize, and demilitarize lowing new subsection: deter fighting and violence in the Darfur re- the Janjaweed and all government-allied mi- ‘‘(c) REPORT ON AFRICAN UNION MISSION IN gion of Sudan, and urges member states of litias; SUDAN (AMIS).—In conjunction with reports the United Nations to accelerate political, (3) to adhere to United Nations Security required under subsections (a) and (b) of this material, financial, and other assistance to Council Resolutions 1556 (2004), 1564 (2004), section thereafter, the Secretary of State the African Union toward this end; 1591 (2005), and 1593 (2005); shall submit to the appropriate congres- (2) reinforces efforts of the African Union (4) to negotiate a peaceful resolution to the sional committees a report, to be prepared in to negotiate peace talks between the Govern- crisis in eastern Sudan; conjunction with the Secretary of Defense, ment of Sudan, the Sudan Liberation Move- (5) to fully cooperate with efforts to dis- on— ment/Army (SLM/A), the Justice and Equal- arm, demobilize, and deny safe haven to ‘‘(1) efforts to fully deploy the African ity Movement (JEM), and associated armed members of the Lords Resistance Army; and Union Mission in Sudan (AMIS) with the groups in the Darfur region, calls on the (6) to fully implement the Comprehensive size, strength, and capacity necessary to sta- Government of Sudan, the SLM/A, and the Peace Agreement for Sudan without manipu- bilize the Darfur region of Sudan and protect JEM to abide by their obligations under the lation or delay, including by— civilians and humanitarian operations; N’Djamena Ceasefire Agreement of April 8, (A) implementing the recommendations of ‘‘(2) the needs of AMIS to ensure success, 2004 and subsequent agreements, urges all the Abyei Commission Report; including in the areas of housing, transport, parties to engage in peace talks without pre- (B) establishing other appropriate commis- communications, equipment, technical as- conditions and seek to resolve the conflict, sions and implementing and adhering to the sistance, training, command and control, in- and strongly condemns all attacks against recommendations of such commissions con- telligence, and such assistance as is nec- humanitarian workers and African Union sistent with the terms of the Comprehensive essary to dissuade and deter attacks, includ- personnel in the Darfur region; Peace Agreement for Sudan; ing by air, directed against civilians and hu- (3) imposes sanctions against the Govern- (C) adhering to the terms of the Wealth manitarian operations; ment of Sudan, including sanctions against Sharing Agreement; and ‘‘(3) the current level of United States as- individual members of the Government of (D) withdrawing government forces from sistance and other assistance provided to Sudan, and entities controlled or owned by southern Sudan consistent with the terms of AMIS, and a request for additional United officials of the Government of Sudan or the the Comprehensive Peace Agreement for States assistance, if necessary; National Congress Party in Sudan until such Sudan. ‘‘(4) the status of North Atlantic Treaty time as the Government of Sudan has hon- SEC. 9. ASSISTANCE EFFORTS IN SUDAN. Organization (NATO) plans and assistance to ored its commitments to cease attacks on ci- (a) ADDITIONAL AUTHORITIES.—Section support AMIS; and vilians, demobilize and demilitarize the 501(a) of the Assistance for International Ma- ‘‘(5) the performance of AMIS in carrying Janjaweed and associated militias, grant laria Control Act (Public Law 106–570; 114 out its mission in the Darfur region.’’. free and unfettered access for deliveries of Stat. 350; 50 U.S.C. 1701 note) is amended— (b) REPORT ON SANCTIONS IN SUPPORT OF humanitarian assistance, and allow for the (1) by striking ‘‘Notwithstanding any other PEACE IN DARFUR.—Section 8 of the Sudan safe and voluntary return of refugees and in- provision of law’’ and inserting the fol- Peace Act (Public Law 107–245; 50 U.S.C. 1701 ternally displaced persons; lowing: note), as amended by subsection (a), is fur- (4) extends the military embargo estab- ‘‘(1) IN GENERAL.—Notwithstanding any ther amended— lished by United Nations Security Council other provision of law’’; (1) by redesignating subsection (d) (as re- Resolutions 1556 (July 30, 2004) and 1591 (2) by inserting ‘‘civil administrations,’’ designated) as subsection (e); and (March 29, 2005) to include a total prohibition after ‘‘indigenous groups,’’; (2) by inserting after subsection (c) the fol- on the sale or supply of offensive military (3) by striking ‘‘areas outside of control of lowing new subsection: equipment to the Government of Sudan, ex- the Government of Sudan’’ and inserting ‘‘(d) REPORT ON SANCTIONS IN SUPPORT OF cept for use in an internationally-recognized ‘‘southern Sudan, southern Kordofan/Nuba PEACE IN DARFUR.—In conjunction with re- demobilization program or for non-lethal as- Mountains State, Blue Nile State, and ports required under subsections (a), (b), and sistance necessary to carry out elements of Abyei’’; (c) of this section thereafter, the Secretary the Comprehensive Peace Agreement for (4) by inserting before the period at the end of State shall submit to the appropriate con- Sudan; the following: ‘‘, including the Comprehen- gressional committees a report regarding (5) calls upon those member states of the sive Peace Agreement for Sudan’’; and sanctions imposed under subsections (a) United Nations that continue to undermine (5) by adding at the end the following new through (d) of section 6 of the Comprehensive efforts to foster peace in Sudan by providing paragraph: Peace in Sudan Act of 2004, including— military assistance and equipment to the ‘‘(2) CONGRESSIONAL NOTIFICATION.—Assist- ‘‘(1) a description of each sanction imposed Government of Sudan, the SLM/A, the JEM, ance may not be obligated under this sub- under such provisions of law; and and associated armed groups in the Darfur section until 15 days after the date on which ‘‘(2) the name of the individual or entity region in violation of the embargo on such the President has provided notice thereof to subject to the sanction, if applicable.’’. assistance and equipment, as called for in the congressional committees specified in (c) REPORT ON INDIVIDUALS IDENTIFIED BY United Nations Security Council Resolutions section 634A of the Foreign Assistance Act of THE UNITED NATIONS IN CONNECTION WITH 1556 and 1591, to immediately cease and de- 1961 (22 U.S.C. 2394–1) in accordance with the GENOCIDE, WAR CRIMES, AND CRIMES AGAINST sist; and procedures applicable to reprogramming no- HUMANITY OR OTHER VIOLATIONS OF INTER- (6) acting under Article 5 of the Charter of tifications under such section.’’. NATIONAL HUMANITARIAN LAW IN DARFUR.— the United Nations, calls for suspension of (b) EXCEPTION TO PROHIBITIONS IN EXECU- Section 8 of the Sudan Peace Act (Public the Government of Sudan’s rights and privi- TIVE ORDER NO. 13067.—Subsection (b) of such Law 107–245; 50 U.S.C. 1701 note), as amended leges of membership by the General Assem- section is amended— by subsections (a) and (b), is further amend- bly until such time as the Government of (1) in the heading, by striking ‘‘EXPORT ed— Sudan has honored pledges to cease attacks PROHIBITIONS’’ and inserting ‘‘PROHIBITIONS (1) by redesignating subsection (e) (as re- upon civilians, demobilize the Janjaweed and IN EXECUTIVE ORDER NO. 13067’’; designated) as subsection (f); and associated militias, grant free and unfet- (2) by striking ‘‘shall not’’ and inserting (2) by inserting after subsection (d) the fol- tered access for deliveries of humanitarian ‘‘should not’’; lowing new subsection: assistance in the Darfur region, and allow for (3) by striking ‘‘any export from an area in ‘‘(e) REPORT ON INDIVIDUALS IDENTIFIED BY safe, unimpeded, and voluntary return of ref- Sudan outside of control of the Government THE UNITED NATIONS IN CONNECTION WITH ugees and internally displaced persons. of Sudan, or to any necessary transaction di- GENOCIDE, WAR CRIMES, AND CRIMES AGAINST

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HUMANITY OR OTHER VIOLATIONS OF INTER- muscle and joint pain, sleep disorders, S. RES. 326 NATIONAL HUMANITARIAN LAW IN DARFUR.— heightened sensitivity to anesthesia, cold Whereas motor vehicle travel is the pri- Not later than 30 days after the date on pain, and difficulty swallowing and breath- mary means of transportation in the United which the United States has access to any of ing; States; the names of the individuals identified by Whereas 2005 is the 131st anniversary of the Whereas everyone on the roads and high- the International Commission of Inquiry on diagnosis of the first case of post-polio ways needs to drive more safely to reduce Darfur (established pursuant to United Na- sequelae and is the 21st anniversary of the deaths and injuries resulting from motor ve- tions Security Council Resolution 1564 creation of the International Post-Polio hicle accidents; (2004)), or the names of the individuals des- Task Force; Whereas the death of almost 43,000 people a ignated by the Committee of the United Na- Whereas research and clinical work by year in more than 6 million highway crashes tions Security Council (established pursuant members of the International Post-Polio in America has been called an epidemic by to United Nations Security Council Resolu- Task Force have discovered that post-polio Transportation Secretary Norman Mineta; tion 1591 (2005)), the Secretary of State shall sequelae can be treated, and even prevented, Whereas according to the National High- submit to the appropriate congressional if polio survivors are taught to conserve en- way Transportation Safety Administration, committees a report containing an assess- ergy and use assistive devices to stop dam- wearing a seat belt saved 15,434 lives in 2004; ment as to whether such individuals may be aging and killing the reduced number of and subject to sanctions under section 6 of the overworked, poliovirus-damaged neurons in Whereas the Sunday after Thanksgiving is Comprehensive Peace in Sudan Act of 2004 the spinal cord and brain that survived the the busiest highway traffic day of the year: (as amended by the Darfur Peace and Ac- polio attack; Now, therefore, be it countability Act of 2005) and the reasons for Whereas many medical professionals, and Resolved, That the Senate— such determination.’’. polio survivors, do not know of the existence (1) encourages— Mr. MCCONNELL. Mr. President, I of post-polio sequelae, or of the available (A) high schools, colleges, universities, ad- suggest we are getting pretty good at treatments; and ministrators, teachers, primary schools, and this. Whereas the mission of the International secondary schools to launch campus-wide The PRESIDING OFFICER. The Post-Polio Task Force includes educating educational campaigns to urge students to medical professionals and the world’s Chair agrees. be careful about safety when driving; 20,000,000 polio survivors about post-polio (B) national trucking firms to alert their f sequelae through the international Post- drivers to be especially focused on driving YEAR OF POLIO EDUCATION Polio Letter Campaign, The Post-Polio Insti- safely during the heaviest traffic day of the tute at New Jersey’s Englewood Hospital and year, and to publicize the importance of the Mr. MCCONNELL. Mr. President, I Medical Center, the publication of The Polio day using Citizen’s band (CB) radios and in ask unanimous consent that the HELP Paradox, and the television public service truck stops across the Nation; Committee be discharged from further announcement provided by the National (C) clergy to remind their members to consideration and the Senate now pro- Broadcasting Company: Now, therefore, be it travel safely when attending services and ceed to S. Res. 304. Resolved, That the Senate— gatherings; The PRESIDING OFFICER. Without (1) recognizes the need for every child, in (D) law enforcement personnel to remind America and throughout the world, to be objection, it is so ordered. drivers and passengers to drive particularly vaccinated against polio; safely on the Sunday after Thanksgiving; The clerk will report the bill by title. (2) recognizes the 1,630,000 Americans who The legislative clerk read as follows: and survived polio, their new battle with post- (E) everyone to use the Sunday after A resolution (S. Res. 304) to designate the polio sequelae, and the need for education Thanksgiving as an opportunity to educate period beginning on November 1, 2005, and and appropriate medical care; themselves about highway safety; and ending on October 31, 2006, as the Year of (3) requests that every State designate the (2) designates November 27, 2005, as ‘‘Drive Polio Education. period beginning on November 1, 2005, and Safer Sunday’’. There being no objection, the Senate ending on October 31, 2006, as the ‘‘Year of proceeded to considerthe resolution. Polio Education’’ to promote vaccination f and post-polio sequelae education and treat- Mr. MCCONNELL. Mr. President, I ment; and ask unanimous consent that the reso- LITTLE ROCK CENTRAL HIGH (4) requests that all appropriate Federal SCHOOL DESEGREGATION 50TH lution be agreed to, the preamble be departments and agencies take immediate agreed to, and the motion to reconsider action to educate— ANNIVERSARY COMMEMORATIVE be laid upon the table. (A) the people of the United States about COIN ACT The PRESIDING OFFICER. Without the need for polio vaccination; and Mr. MCCONNELL. Mr. President, I objection, it is so ordered. (B) polio survivors and medical profes- ask unanimous consent that the Com- The resolution (S. Res. 304) was sionals in the United States about the cause mittee on Banking, Housing, and and treatment of post-polio sequelae. agreed to. Urban Affairs be discharged from fur- The preamble was agreed to. f ther consideration of H.R. 358, and the The resolution, with its preamble, DRIVE SAFER SUNDAY Senate proceed to its immediate con- reads as follows: Mr. MCCONNELL. Mr. President, I sideration. S. RES. 304 ask unanimous consent that the Sen- The PRESIDING OFFICER. Without Whereas 2005 is the 50th anniversary of the ate proceed to the consideration of S. objection, it is so ordered. injectable polio vaccine; Res. 326, which was submitted earlier The clerk will report the bill by title. Whereas the polio vaccines eliminated nat- today. The legislative clerk read as follows: urally occurring polio cases in the United A bill (H.R. 358) Little Rock Central High States but have not yet eliminated polio in The PRESIDING OFFICER. The School Desegregation 50th Anniversary Com- other parts of the world; clerk will report the resolution by memorative Coin Act. Whereas as few as 57 percent of American title. children receive all doses of necessary vac- The legislative clerk read as follows: There being no objection, the Senate cines during childhood, including the polio A resolution (S. Res. 326) designating No- proceeded to considerthe bill. vaccine; vember 27, 2005 as ‘‘Drive Safer Sunday.’’ Mr. MCCONNELL. Mr. President, I Whereas the Centers for Disease Control There being no objection, the Senate ask unanimous consent that the Pryor and Prevention recommends that every child proceeded to consider the resolution. amendment at the desk be agreed to, in the United States receive all doses of the the bill, as amended, be read a third inactivated polio vaccine; Mr. MCCONNELL. Mr. President, I Whereas the success of the polio vaccines ask unanimous consent that the reso- time and passed, the motion to recon- has caused people to forget the 1,630,000 lution be agreed to, the preamble be sider be laid upon the table, and any Americans born before the development of agreed to, and the motion to reconsider statements relating to the measure be the vaccines who had polio during the be laid upon the table. printed in the RECORD. epidemics in the middle of the 20th century; The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Whereas at least 70 percent of paralytic objection, it is so ordered. objection, it is so ordered. polio survivors and 40 percent of nonpara- The resolution (S. Res. 326) was The amendment (No. 2675) was agreed lytic polio survivors are developing post- to, as follows: polio sequelae, which are unexpected and agreed to. often disabling symptoms that occur about The preamble was agreed to. (Purpose: To provide a complete substitute) 35 years after the poliovirus attack, includ- The resolution, with its preamble, Strike all after the enacting clause and in- ing overwhelming fatigue, muscle weakness, reads as follows: sert the following:

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13418 CONGRESSIONAL RECORD — SENATE November 18, 2005 SECTION 1. SHORT TITLE. SEC. 6. SALE OF COINS. standing the adjournment of the Sen- This Act may be cited as the ‘‘Little Rock (a) SALE PRICE.—Notwithstanding any ate, when the Senate receives from the Central High School Desegregation 50th An- other provision of law, the coins issued under House a correcting resolution relating this Act shall be sold by the Secretary at a niversary Commemorative Coin Act’’. to the Treasury-Transportation con- SEC. 2. FINDINGS. price equal to the sum of the face value of the coins, the surcharge required under sec- ference report, the text of which is Congress finds the following: identical to the concurrent resolution (1) September 2007, marks the 50th anniver- tion 7(a) for the coins, and the cost of design- sary of the desegregation of Little Rock Cen- ing and issuing such coins (including labor, at the desk, the concurrent resolution tral High School in Little Rock, Arkansas. materials, dies, use of machinery, overhead be considered and agreed to, and the (2) In 1957, Little Rock Central High was expenses, and marketing). motion to reconsider be laid upon the the site of the first major national test for (b) BULK SALES.—The Secretary shall table. the implementation of the historic decision make bulk sales of the coins issued under The PRESIDING OFFICER. Without of the United States Supreme Court in this Act at a reasonable discount. (c) PREPAID ORDERS AT A DISCOUNT.— objection, it is so ordered. Brown, et al. v. Board of Education of Topeka, (1) IN GENERAL.—The Secretary shall ac- f et al., 347 U.S. 483 (1954). cept prepaid orders for the coins minted (3) The courage of the ‘‘Little Rock Nine’’ UNANIMOUS CONSENT AGREE- under this Act before the issuance of such (Ernest Green, Elizabeth Eckford, Melba coins. MENT—CONFERENCE REPORT TO Pattillo, Jefferson Thomas, Carlotta Walls, (2) DISCOUNT.—Sale prices with respect to ACCOMPANY H.R. 3058 Terrence Roberts, Gloria Ray, Thelma prepaid orders under paragraph (1) shall be Mothershed, and Minnijean Brown) who Mr. MCCONNELL. Mr. President, I at a reasonable discount. stood in the face of violence, was influential ask unanimous consent that the pre- to the Civil Rights movement and changed SEC. 7. SURCHARGES. vious order with respect to the con- (a) SURCHARGE REQUIRED.—All sales shall American history by providing an example ference report to accompany H.R. 3058 include a surcharge of $10 per coin. on which to build greater equality. (b) DISTRIBUTION.—Subject to section be modified to allow for adoption of the (4) The desegregation of Little Rock Cen- 5134(f) of title 31, United States Code, and conference report, notwithstanding the tral High by the 9 African American students subsection (d), all surcharges which are re- adjournment of the Senate. was recognized by Dr. Martin Luther King, ceived by the Secretary from the sale of The PRESIDING OFFICER. Without Jr. as such a significant event in the strug- coins issued under this Act shall be promptly objection, it is so ordered. gle for civil rights that in May 1958, he at- paid by the Secretary to the Secretary of the tended the graduation of the first African f Interior for the protection, preservation, and American from Little Rock Central High interpretation of resources and stories asso- AUTHORIZATION TO SIGN EN- School. ciated with Little Rock Central High School ROLLED BILLS OR JOINT RESO- (5) A commemorative coin will bring na- National Historic Site, including the fol- LUTIONS tional and international attention to the lowing: lasting legacy of this important event. Mr. MCCONNELL. Mr. President, I (1) Site improvements at Little Rock Cen- SEC. 3. COIN SPECIFICATIONS. tral High School National Historic Site. ask unanimous consent that during the (a) DENOMINATIONS.—The Secretary of the (2) Development of interpretive and edu- adjournment of the Senate, the major- Treasury (hereinafter in this Act referred to cation programs and historic preservation ity leader, the majority whip, and the as the ‘‘Secretary’’) shall mint and issue not projects. senior Senator from Virginia be au- more than 500,000 $1 coins each of which (3) Establishment of cooperative agree- thorized to sign duly enrolled bills or shall— ments to preserve or restore the historic joint resolutions. (1) weigh 26.73 grams; character of the Park Street and Daisy L. The PRESIDING OFFICER. Without (2) have a diameter of 1.500 inches; and Gatson Bates Drive corridors adjacent to the objection, it is so ordered. (3) contain 90 percent silver and 10 percent site. copper. (c) LIMITATION.—Notwithstanding sub- f (b) LEGAL TENDER.—The coins minted section (a), no surcharge may be included AUTHORIZATION FOR COMMITTEES under this Act shall be legal tender, as pro- with respect to the issuance under this Act TO REPORT vided in section 5103 of title 31, United States of any coin during a calendar year if, as of Code. the time of such issuance, the issuance of Mr. MCCONNELL. Mr. President, I (c) NUMISMATIC ITEMS.—For purposes of such coin would result in the number of com- ask unanimous consent, notwith- section 5136 of title 31, United States Code, memorative coin programs issued during standing the Senate’s adjournment, all coins minted under this Act shall be con- such year to exceed the annual 2 commemo- committees be authorized to report sidered to be numismatic items. rative coin program issuance limitation legislative and executive matters on SEC. 4. DESIGN OF COINS. under section 5112(m)(1) of title 31, United Thursday, December 8, 2005, from 10 (a) DESIGN REQUIREMENTS.—The design of States Code (as in effect on the date of the the coins minted under this Act shall be em- a.m. to 12 noon. enactment of this Act). The Secretary of the The PRESIDING OFFICER. Without blematic of the desegregation of the Little Treasury may issue guidance to carry out Rock Central High School and its contribu- this subsection. objection, it is so ordered. tion to civil rights in America. (d) CREDITABLE FUNDS.—Notwithstanding f (b) DESIGNATION AND INSCRIPTIONS.—On any other provision of the law and recog- AUTHORIZATION TO MAKE each coin minted under this Act there shall nizing the unique partnership nature of the be— Department of Interior and the Little Rock APPOINTMENTS (1) a designation of the value of the coin; School District at the Little Rock Central Mr. MCCONNELL. Mr. President, I (2) an inscription of the year ‘‘2007’’; and High School National Historic Site and the ask unanimous consent, notwith- (3) inscriptions of the words ‘‘Liberty’’, ‘‘In significant contributions made by the Little standing the upcoming recess or ad- God We Trust’’, ‘‘United States of America’’, Rock School District to preserve and main- journment of the Senate, the President and ‘‘E Pluribus Unum’’. tain the historic character of the high of the Senate, the President pro tem- (c) SELECTION.—The design for the coins school, any non-Federal funds expended by minted under this Act shall be— the school district (regardless of the source pore, and the majority and minority (1) selected by the Secretary after con- of the funds) for improvements at the Little leaders be authorized to make appoint- sultation with the Commission of Fine Arts; Rock Central High School National Historic ments to commissions, committees, and Site, to the extent such funds were used for boards, conferences, or interparliamen- (2) reviewed by the Citizens Coinage Advi- the purposes described in paragraph (1), (2), tary conferences authorized by law, by sory Committee established under section or (3) of subsection (b), shall be deemed to concurrent action of the two Houses or 5135 of title 31, United States Code. meet the requirement of funds from private by order of the Senate. SEC. 5. ISSUANCE OF COINS. sources of section 5134(f)(1)(A)(ii) of title 31, The PRESIDING OFFICER. Without (a) QUALITY OF COINS.—Coins minted under United States Code, with respect to the Sec- objection, it is so ordered. this Act shall be issued in uncirculated and retary of the Interior. proof qualities. The bill (H.R. 358), as amended, was f (b) COMMENCEMENT OF ISSUANCE.—The Sec- passed. EXECUTIVE SESSION retary may issue coins minted under this Act beginning January 1, 2007, except that f the Secretary may initiate sales of such UNANIMOUS CONSENT EXECUTIVE CALENDAR coins, without issuance, before such date. AGREEMENT H. CON. RES. 308 (c) TERMINATION OF MINTING AUTHORITY.— Mr. MCCONNELL. Mr. President, I No coins shall be minted under this Act after Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Sen- December 31, 2007. ask unanimous consent that notwith- ate immediately proceed to executive

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13419 session to consider the following nomi- indicated while assigned to a position of im- Colonel Terry L. Wiley, 0000 nations on today’s Executive Calendar: portance and responsibility under title 10, The following named officer for appoint- Calendar 35, 444, 445, 446, 447, 448, 449, U.S.C., section 601: ment in the Reserve of the Army to the 450, 451, 452, 453, 454, 455, 456, 469, and all To be general grade indicated under title 10, U.S.C., section nominations on the Secretary’s desk. Lt. Gen. David D. McKiernan, 0000 12203: Further, I ask that the following The following named officer for appoint- To be brigadier general committees be discharged from further ment in the United States Army to the grade Col. Guy L. Sands-Pingot, 0000 consideration of the listed nominations indicated while assigned to a position of im- The following Army National Guard of the and the Senate proceed to their consid- portance and responsibility under title 10, United States officer for appointment in the eration en bloc: U.S.C., section 601: Reserve of the Army to the grade indicated Foreign relations, Alejandro Daniel To be lieutenant general under title 10, U.S.C., section 12203: Wolff, Ronald L. Schlicher, Carol van Maj. Gen. Peter W. Chiarelli, 0000 To be brigadier general Voorst, Ross Wilson, Donald M. Payne, The following named officer for appoint- Col. Mitchell L. Brown, 0000 Edward Randall Royce, Promotion List ment in the United States Army to the grade IN THE NAVY (pn999). indicated while assigned to a position of im- The following named officer fur appoint- I further ask unanimous consent that portance and responsibility under title 10, ment as Chief of Naval Personnel, United U.S.C., section 601: the nominations be confirmed en bloc, States Navy, and appointment to the grade the motions to reconsider be laid upon To be lieutenant general indicated while assigned to a position of im- the table, the President be imme- Maj. Gen. Keith W. Dayton, 0000 portance and responsibility under title 10, U.S.C., 601 and 5141: diately notified of the Senate’s action, The following named officer for appoint- To be vice admiral and the Senate then return to legisla- ment in the United States Army to the grade indicated while assigned to a position of im- tive session. Rear Adm. John C. Harvey, Jr., 0000 portance and responsibility under title 10, The following named officer for appoint- The PRESIDING OFFICER. Without U.S.C., section 601: objection, it is so ordered. ment in the United States Navy to the grade To be lieutenant general The nominations considered and con- indicated under title 10, U.S.C., section 624: firmed en bloc are as follows: Maj. Gen. John R. Wood, 0000 To be rear admiral (lower half) The following Army National Guard of the DEPARTMENT OF THE INTERIOR Capt. Frank Thorp, IV, 0000 United States officer for appointment in the IN THE COAST GUARD Patricia Lynn Scarlett, of California, to be Reserve of the Army to the grade indicated The following named officers for appoint- Deputy Secretary of the Interior. under title 10, U.S.C., section 12203: IN THE AIR FORCE ment in the United States Coast Guard to To be major general The following Air National Guard of the the grade indicated under Title 14, U.S.C., Brig. Gen. William T. Nesbitt, 0000 United States officers for appointment in the Section 271: Reserve of the Air Force to the grades indi- The following Army National Guard of the To be rear admiral (lower half) cated under title 10, U.S.C., section 12203. United States officers for appointment in the Capt. William D. Baumgartner, 0000 To be major general Reserve of the Army to the grades indicated Capt. Manson K. Brown, 0000 under Title 10, U.S.C., Section 12203: Brigadier General Larita A. Aragon, 0000 Capt. John S. Burhoe, 0000 To be major general Brigadier General Tod M. Bunting, 0000 Capt. Wayne E. Justice, 0000 Brigadier General Craig E. Campbell, 0000 Brigadier General Robert P. French, 0000 Capt. Daniel B. Lloyd, 0000 Brigadier General William R. Cotney, 0000 Brigadier General Donald J. Goldhorn, 0000 Capt. Robert C. Parker, 0000 Brigadier General R. Anthony Haynes, 0000 Brigadier General Richard B. Moorhead, 0000 Capt. Brian M. Salerno, 0000 Brigadier General Charles V. Ickes, II, 0000 Brigadier General Marvin W. Pierson, 0000 NOMINATIONS PLACED ON THE SECRETARY’S Brigadier General Robert A. Knauff, 0000 Brigadier General Stewart A. Reeve, 0000 DESK Brigadier General James R. Marshall, 0000 Brigadier General Randall E. Sayre, 0000 IN THE AIR FORCE Brigadier General Terry L. Scherling, 0000 Brigadier General Theodore G. Shuey, Jr., PN561 AIR FORCE nominations (2242) be- Brigadier General Michael J. Shira, 0000 0000 ginning BRIAN F. * ABELL, and ending RAY Brigadier General Emmett R. Titshaw, Jr., Brigadier General Thomas L. Sinclair, 0000 A. * ZUNIGA, which nominations were re- 0000 Brigadier General David A. Sprynczynatyk, ceived by the Senate and appeared in the To be brigadier general 0000 Congressional Record of May 26, 2005. Brigadier General Stephen F. Villacorta, 0000 PN1070 AIR FORCE nomination of Jon R. Colonel David S. Angle, 0000 Brigadier General Gregory L. Wayt, 0000 Colonel Thomas M. Botchie, 0000 Stovall, which was received by the Senate Brigadier General John J. Weeden, 0000 and appeared in the Congressional Record of Colonel Richard W. Burris, 0000 Brigadier General Deborah C. Wheeling, 0000 Colonel Garry C. Dean, 0000 November 10, 2005. Colonel Michael J. Dornbush, 0000 To be brigadier general PN1071 AIR FORCE nomination of Ken- Colonel Kathleen E. Fick, 0000 Colonel Ricky G. Adams, 0000 neth W. Bullock, which was received by the Colonel Edward R. Flora, 0000 Colonel Stephen E. Bogle, 0000 Senate and appeared in the Congressional Colonel James H. Gwin, 0000 Colonel Brent M. Boyles, 0000 Record of November 10, 2005. Colonel Scott B. Harrison, 0000 Colonel Stephen C. Burritt, 0000 PN1072 AIR FORCE nominations (2) be- Colonel David M. Hopper, 0000 Colonel Andrew C. Burton, 0000 ginning RANDALL S. LECHEMINANT, and Colonel Howard P. Hunt, III, 0000 Colonel Cameron A. Crawford, 0000 ending SCOTT H. R. LEE, which nomina- Colonel Cynthia N. Kirkland, 0000 Colonel Joseph G. DePaul, 0000 tions were received by the Senate and ap- Colonel John M. Motley, Jr., 0000 Colonel Mark C. DoW, 0000 peared in the Congressional Record of No- Colonel Gerald C. Olesen, 0000 Colonel Douglas B. Earhart, 0000 vember 10, 2005. Colonel Alan W. Palmer, 0000 Colonel William L. Enyart, Jr., 0000 PN1073 AIR FORCE nomination of Rena Colonel Michael L. Peplinski, 0000 Colonel Glenn C. Hammond, III, 0000 A. Nicholas, which was received by the Sen- Colonel Esther A. Rada, 0000 Colonel David L. Harris, 0000 ate and appeared in the Congressional Colonel Alex D. Roberts, 0000 Colonel Robert A. Harris, 0000 Record of November 10, 2005. Colonel Grant L. Hayden, 0000 PN1074 AIR FORCE nomination of Jeffrey The following Air National Guard of the S. Brittig, which was received by the Senate United States officers for appointment in the Colonel John W. Heltzel, 0000 Colonel Leodis T. Jennings, 0000 and appeared in the Congressional Record of Reserve of the Air Force to the grades indi- November 10, 2005. cated under title 10, U.S.C., section 12203. Colonel Larry D. Kay, 0000 Colonel Jeff W. Mathis, III, 0000 PN1075 AIR FORCE nomination of Albert To be brigadier general Colonel Wendell B. McLain, 0000 J. Bainger, which was received by the Senate Colonel Steven R. Doohen, 0000 Colonel Timothy S. Phillips, 0000 and appeared in the Congressional Record of The following named officers for appoint- Colonel Janet E. Phipps, 0000 November 10, 2005. ment in the United States Air Force to the Colonel Stanley R. Putnam, 0000 IN THE ARMY grade indicated under title 10, U.S.C., section Colonel Ronald J. Randazzo, 0000 PN1009 ARMY nominations (5) beginning 624: Colonel Joseph M. Richie, 0000 ROBINETTE J. AMAKER, and ending To be brigadier general Colonel King E. Sidwell, 0000 JOSEF H. MOORE, which nominations were Colonel Eugene A Stockton, 0000 received by the Senate and appeared in the Colonel Daniel R. Eagle, 0000 Colonel Timothy I. Sullivan, 0000 Congressional Record of October 25, 2005. IN THE ARMY Colonel Richard E. Swan, 0000 PN1010 ARMY nominations (6) beginning The following named officer for appoint- Colonel James H. Trogdon, III, 0000 TERRY K. BESCH, and ending JOHN R. ment in the United States Army to the grade Colonel James D. Tyre, 0000 TABER, which nominations were received by

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13420 CONGRESSIONAL RECORD — SENATE November 18, 2005 the Senate and appeared in the Congres- PN1023 Ross Wilson, of Maryland, a Ca- Gerald C. Anderson, of Illinois sional Record of October 25, 2005. reer Member of the Senior Foreign Service, David Egert Appleton, of New Hampshire PN1011 ARMY nominations (16) beginning Class of Minister-Counselor, to be Ambas- Gary G. Bagley, of California KIMBERLY K. ARMSTRONG, and ending sador Extraordinary and Plenipotentiary of Richard C. Beer, of Virginia KELLY A. WOLGAST, which nominations the United States of America to the Republic Scott D. Bellard, of the District of Columbia were received by the Senate and appeared in of Turkey. Eric David Benjaminson, of Oregon the Congressional Record of October 25, 2005. PN1065 Donald M. Payne, of New Jersey, Earle C. Blakeman III, of the District of Co- PN1012 ARMY nominations (38) beginning to be a Representative of the United States lumbia RANDALL G. ANDERSON, and ending JOHN of America to the Sixtieth Session of the John Brien Brennan, of Virginia H. TRAKOWSKI JR., which nominations General Assembly of the United Nations. Dolores Marie Brown, of Virginia were received by the Senate and appeared in PN1066 Edward Randall Royce, of Cali- Raymond Lewis Brown; of California the Congressional Record of October 25, 2005. fornia, to be a Representative of the United Sue Kathrine Brown, of Texas PN1016 ARMY nominations (5) beginning States of America to the Sixtieth Session of Lee A. Brudvig, of California ROBERT DEMPSTER, and ending ERROL the General Assembly of the United Nations. Beatrice A. Camp, of Virginia The following-named Career Members of LADER, which nominations were received by Lois Ann Cecsarini, of Connecticut the Senior Foreign Service of the Depart- the Senate and appeared in the Congres- Judith Beth Cefkin, of Texas ment of State for promotion in the Senior sional Record of October 26, 2005. Foreign Service to the classes indicated: Ca- Linda Carol Cheatham, of Texas PN1017 ARMY nominations (22) beginning reer Members of the Senior Foreign Service Andrew Gilman Chritton, of Texas MIMMS MABEE, and ending JIMMIE of the United States of America, Class of Ca- John W. Davison, of Pennsylvania PEREZ, which nominations were received by reer Minister: Thomas Lawrence Delare, of Virginia the Senate and appeared in the Congres- J. Thomas Dougherty, of Wyoming sional Record of October 26, 2005. R. Nicholas Burns, of Massachusetts Mary Dale Draper, of California PN1018 ARMY nominations (2) beginning Eric S. Edelman, of Virginia Gordon K. Duguid, of Illinois MICHELLE BEACH, and ending HELEN James Franklin Jeffrey, of Virginia Susan M. Elbow, of the District of Columbia LAQUAY, which nominations were received Kristie Anne Kenney, of Virginia Thomas Scott Engle, of the District of Co- by the Senate and appeared in the Congres- Career Members of the Senior Foreign lumbia sional Record of October 26, 2005. Service of the United States of America, Henry S. Ensher, of California PN1019 ARMY nominations (4) beginning Class of Minister-Counselor: Paul Michael Fitzgerald, of Virginia GREGORY BREWER, and ending TERRELL Kathleen Hatch Allegrone, of Virginia William E. Fitzgerald, of New York MORROW, which nominations were received Jonathan Mark Aloisi, of California Robert Stephen Ford, of Maryland by the Senate and appeared in the Congres- Jay N. Anania, of Connecticut John Gilmore Fox, of California sional Record of October 26, 2005. Alexander A. Arvizu, of Colorado Atim Eneida George, of California PN1038 ARMY nominations (3) beginning David L. Ballard, of Texas Alan Eric Greenfield, of Maine WALTER J. AUSTIN, and ending KEITH C. William M. Bartlett, of Virginia Jeri S. Guthrie-Corn, of California SMITH, which nominations were received by Patricia A. Butenis, of Virginia Dean J. Haas, of California the Senate and appeared in the Congres- Frederick Bishop Cook, of Florida Mary E. Hickey, of California sional Record of November 4, 2005. Ernest E. Davis, of Missouri Greta Christine Holtz, of Florida PN1076 ARMY nomination of Jack N. Kathleen R. Davis, of California Jason P. Hyland, of Virginia Washburne, which was received by the Sen- Scott H. Delisi, of Minnesota Kevin M. Johnson, of New York ate and appeared in the Congressional David Tannrath Donahue, of Indiana Margaret Ellen Keeton, of California Record of November 10, 2005. Edward Kwok Hee Dong, of California Damaris A. Kirchhofer, of Hawaii PN1077 ARMY nominations (5) beginning Joseph R. Donovan, Jr., of New York Edward J. Kulakowski, of Virginia BARRY J. BERNSTEIN, and ending JUAN Patrick D. Donovan, of Virginia Jerry P. Lanier, of North Carolina M. VERA, which nominations were received Charles Lewis English, of Florida Edward Alex Lee, of Texas by the Senate and appeared in the Congres- Gary M. Gibson, of Maryland David Erik Lindwall, of Texas sional Record of November 10, 2005. Mary Ellen T. Gilroy, of Virginia Eric H. Madison, of Virginia PN1078 ARMY nominations (2) beginning George A. Glass, of New Jersey Frank J. Manganiello, of Virginia MELVIN S. HOGAN, and ending JOSEPH M. Patricia Haslach, of Oregon Alberta Mayberry, of Virginia JACKSON, which nominations were received William J. Haugh, of Virginia James P. McAnulty, of Virginia by the Senate and appeared in the Congres- Eric G. John, of Indiana Maria Elizabeth McKay, of Florida sional Record of November 10, 2005. John J. Keyes III, of Florida Alan Greeley Misenheimer, of Virginia IN THE COAST GUARD Michael David Kirby, of Ohio Robin Jan Morritz, of Illinois PN843 COAST GUARD nomination of L.W. Koengeter, of Florida Christopher W. Murray, of the District of Co- Kathleen M. Donohoe, which was received by Alan Bryan Cedric Latimer, of Georgia lumbia the Senate and appeared in the Congres- Sally Mathiasen Light, of Washington Adam E. Namm, of Virginia sional Record of September 8, 2005. Hugo L. Lorens, of Florida Patricia Nelson-Douvelis, of Virginia PN984 Alejandro Daniel Wolff. of Cali- Jackson C. McDonald, of Florida Richard Norland, of Missouri fornia, a Career Member of the Senior For- William Joseph McGlynn, Jr., of California Maureen E. Park, of Virginia eign Service, Class of Minister-Counselor, to Luis G. Moreno, of Florida Geeta Pasi. of New York be Representative of the United States of David D. Nelson, of South Dakota Lawrence G. Richter, of California America to the Sessions of the General As- Carol Zelis Perez, of Texas Ferial Ara Saeed, of California sembly of the United Nations, during his ten- Roger Dwayne Pierce, of Virginia Richard Milton Sanders, of Pennsylvania ure of service as Deputy Representative of Marguerita D. Ragsdale, of Virginia Eric T. Schultz, of Colorado the United States of America to the United Charles Aaron Ray, of Texas Sandra Jean Shipshock, of Virginia Nations. James P. Reid, of California Gregory S. Stanford, of Florida PN983 Alejandro Daniel Wolff, of Cali- Ronald Sinclair Robinson, of Virginia David L. Stone, of Louisiana fornia, a Career Member of the Senior For- Leslie Ventura Rowe, of Washington W. Stuart Symington IV, of Missouri eign Service, Class of Minister-Counselor, to Daniel A. Russell, of Maine Lucy Tamlyn, of New York be the Deputy Representative of the United John Frederick Sammis, of Virginia Douglas B. Wake, of New York States of America to the United Nations, Robin Renee Sanders, of New York Vivian S. Walker, of California with the rank and status of Ambassador Ex- Kyle R. Scott, of Arizona Charles H. Walsh, Jr., of Oregon traordinary and Plenipotentiary, and the Daniel Bennett Smith, of Colorado Laurie B. Weitzenkorn, of Florida Deputy Representative of the United States Douglas Gordon Spelman, of Virginia Mark A. Wentworth, of Maine of America in the Security Council of the Susan H. Swart, of Virginia Bruce Williamson, of Virginia United Nations. Harlan D. Wadley, of Washington Claud R. Young, Jr., of the District of Co- PN982 Ronald L. Schlicher, of Tennessee, D. Bruce Wharton, of Virginia lumbia a Career Member of the Senior Foreign Serv- James G. Williard, of Florida Career Members of the Senior Foreign ice, Class of Minister-Counselor, to be Am- Robert T. Yamate, of California Service, Class of Counselor, and Consular Of- bassador Extraordinary and Plenipotentiary The following-named Career Members of ficers and Secretaries in the Diplomatic of the United States of America to the Re- the Foreign Service for promotion into the Service of the United States of America: public of Cyprus. Senior Foreign Service, and for appointment Randall D. Bennett, of Maryland PN1022 Carol van Voorst, of Virginia, a as Consular officers and Secretaries in the David J. Benson, of Florida Career Member of the Senior Foreign Serv- Diplomatic Service, as indicated: Career Roger N. Cohen, of Florida ice, Class of Minister-Counselor, to be Am- Members of the Senior Foreign Service of James T. Cronin, Jr., of Virginia bassador Extraordinary and Plenipotentiary the United States of America, Class of Coun- Rodney Allen Evans, of Virginia of the United States of America to the Re- selor: Walter G. Felt, of Virginia public of Iceland. Richard Alan Albright, of Ohio Lester S. Folensbee, of Virginia

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY November 18, 2005 CONGRESSIONAL RECORD — SENATE S13421 William S. Green, of Ohio quantities, as the Secretary, in the Sec- circulating coin to the edge of the coin, Stephen Richard Hartwell, of New Hamp- retary’s discretion, may prescribe’’. which would allow larger and more dramatic shire On page 25, line 23, strike ‘‘the face value artwork on the coins reminiscent of the so- Mark Jeffrey Hipp, of Washington of the coins; and’’ and insert ‘‘the market called ‘‘Golden Age of Coinage’’ in the Mark J. Hunter, of Florida value of the bullion at the time of sale; and’’. United States, at the beginning of the Twen- David G. Kidd, of Virginia On page 26, between lines 9 and 10, insert tieth Century, initiated by President Theo- Timothy C. Lawson, of Ohio the following: dore Roosevelt, with the assistance of noted Russell G. Le Clair, Jr., of Illinois ‘‘(8) PROTECTIVE COVERING.— sculptors and medallic artists James Earle Patrick Joseph Meagher, of California ‘‘(A) IN GENERAL.—Each bullion coin hav- Fraser and Augustus Saint-Gaudens. Thomas S. Miller, of Minnesota ing a metallic content as described in sub- (11) Placing inscriptions on the edge of Barry M. Moore, of Texas section (a)(11) and a design specified in para- coins, known as edge-incusing, is a hallmark Claude J. Nebel, Jr., of New Hampshire graph (2) shall be sold in an inexpensive cov- of modern coinage and is common in large- Christopher J. Paul, of Florida ering that will protect the coin from damage volume production of coinage elsewhere in Robert G. Reed, of Virginia due to ordinary handling or storage. the world, such as the 2,700,000,000 2-Euro Terrence K. Williamson, of Maryland ‘‘(B) DESIGN.—The protective covering re- coins in circulation, but it has not been done Jacob M. Wohlman, of Florida quired under subparagraph (A) shall be read- on a large scale in United States coinage in Charles E. Wright, of California ily distinguishable from any coin packaging recent years. f that may be used to protect proof coins (12) Although the Congress has authorized minted and issued under this subsection.’’. the Secretary of the Treasury to issue gold LEGISLATIVE SESSION The bill (S. 1047), as amended, was coins with a purity of 99.99 percent, the Sec- The PRESIDING OFFICER. Under read the third time and passed. retary has not done so. (13) Bullion coins are a valuable tool for the previous order, the Senate will re- S. 1047 turn to legislative session. the investor and, in some cases, an impor- Be it enacted by the Senate and House of Rep- tant aspect of coin collecting. f resentatives of the United States of America in SEC. 102. PRESIDENTIAL $1 COIN PROGRAM. Congress assembled, PRESIDENTIAL $1 COIN ACT OF Section 5112 of title 31, United States Code, 2005 SECTION 1. SHORT TITLE. is amended by adding at the end the fol- This Act may be cited as the ‘‘Presidential lowing: Mr. MCCONNELL. I ask unanimous $1 Coin Act of 2005’’. ‘‘(n) REDESIGN AND ISSUANCE OF CIRCU- consent that the Senate proceed to the TITLE I—PRESIDENTIAL $1 COINS LATING $1 Coins Honoring Each of the Presi- immediate consideration of Calendar SEC. 101. FINDINGS. dents of the United States.— 190, S. 1047. Congress finds the following: ‘‘(1) REDESIGN BEGINNING IN 2007.— The PRESIDING OFFICER. The (1) There are sectors of the United States ‘‘(A) IN GENERAL.—Notwithstanding sub- clerk will report the bill by title. economy, including public transportation, section (d) and in accordance with the provi- The legislative clerk read as follows: parking meters, vending machines, and low- sions of this subsection, $1 coins issued dur- ing the period beginning January 1, 2007, and A bill (S. 1047) to require the Secretary of dollar value transactions, in which the use of ending upon the termination of the program the Treasury to mint coins in commemora- a $1 coin is both useful and desirable for under paragraph (8), shall— tion of each of the Nation’s past Presidents keeping costs and prices down. ‘‘(i) have designs on the obverse selected in and their spouses, respectively to improve (2) For a variety of reasons, the new $1 coin accordance with paragraph (2)(B) which are circulation of the $1 coin, to create a new introduced in 2000 has not been widely emblematic of the Presidents of the United bullion coin. sought-after by the public, leading to higher costs for merchants and thus higher prices States; and There being no objection, the Senate for consumers. ‘‘(ii) have a design on the reverse selected proceeded to consider the bill. (3) The success of the 50 States Commemo- in accordance with paragraph (2)(A). Mr. MCCONNELL. I ask unanimous rative Coin Program (31 U.S.C. 5112(l)) for ‘‘(B) CONTINUITY PROVISIONS.— consent the amendment at the desk be circulating quarter dollars shows that a de- ‘‘(i) IN GENERAL.—Notwithstanding sub- agreed to, the bill, as amended, be read sign on a United States circulating coin that paragraph (A), the Secretary shall continue the third time and passed, the motion is regularly changed in a manner similar to to mint and issue $1 coins which bear any de- the systematic change in designs in such sign in effect before the issuance of coins as to reconsider be laid upon the table, required under this subsection (including the and any statements relating to be bill Program radically increases demand for the coin, rapidly pulling it through the economy. so-called ‘Sacagawea-design’ $1 coins). be printed in the RECORD. (4) The 50 States Commemorative Coin ‘‘(ii) CIRCULATION QUANTITY.—Beginning The PRESIDING OFFICER. Without Program also has been an educational tool, January 1, 2007, and ending upon the termi- objection, it is so ordered. teaching both Americans and visitors some- nation of the program under paragraph (8), The amendment (No. 2676) was agreed thing about each State for which a quarter the Secretary annually shall mint and issue to, as follows: has been issued. such ‘Sacagawea-design’ $1 coins for circula- 1 On page 6, strike lines 6 through 11, and in- (5) A national survey and study by the tion in quantities of no less than ⁄3 of the sert the following: Government Accountability Office has indi- total $1 coins minted and issued under this subsection.’’. ‘‘(B) CONTINUITY PROVISIONS.— cated that many Americans who do not seek, ‘‘(2) DESIGN REQUIREMENTS.—The $1 coins ‘‘(i) IN GENERAL.—Notwithstanding sub- or who reject, the new $1 coin for use in com- paragraph (A), the Secretary shall continue merce would actively seek the coin if an at- issued in accordance with paragraph (1)(A) to mint and issue $1 coins which bear any de- tractive, educational rotating design were to shall meet the following design require- sign in effect before the issuance of coins as be struck on the coin. ments: required under this subsection (including the (6) The President is the leader of our tri- ‘‘(A) COIN REVERSE.—The design on the re- so-called ‘Sacagawea-design’ $1 coins). partite government and the President’s verse shall bear— ‘‘(i) a likeness of the Statue of Liberty ex- ‘‘(ii) CIRCULATION QUANTITY.—Beginning spouse has often set the social tone for the January 1, 2007, and ending upon the termi- White House while spear-heading and high- tending to the rim of the coin and large nation of the program under paragraph (8), lighting important issues for the country. enough to provide a dramatic representation the Secretary annually shall mint and issue (7) Sacagawea, as currently represented on of Liberty while not being large enough to such ‘Sacagawea-design’ $1 coins for circula- the new $1 coin, is an important symbol of create the impression of a ‘2-headed’ coin; American history. ‘‘(ii) the inscription ‘$1’ ; and tion in quantities of no less than 1⁄3 of the total $1 coins minted and issued under this (8) Many people cannot name all of the ‘‘(iii) the inscription ‘United States of subsection.’’. Presidents, and fewer can name the spouses, America’. On page 17, lines 6 and 7, strike ‘‘transpor- nor can many people accurately place each ‘‘(B) COIN OBVERSE.—The design on the ob- tation and’’. President in the proper time period of Amer- verse shall contain— On page 17, line 7, strike ‘‘and entities’’. ican history. ‘‘(i) the name and likeness of a President of On page 17, line 18, strike ‘‘1-year’’ and in- (9) First Spouses have not generally been the United States; and sert ‘‘2-year’’. recognized on American coinage. ‘‘(ii) basic information about the Presi- On page 17, line 24, strike ‘‘prominently’’. (10) In order to revitalize the design of dent, including— On page 23, line 18, strike ‘‘$20’’ and insert United States coinage and return circulating ‘‘(I) the dates or years of the term of office ‘‘$50’’. coinage to its position as not only a nec- of such President; and On page 24, line 2, strike ‘‘$20’’ and insert essary means of exchange in commerce, but ‘‘(II) a number indicating the order of the ‘‘$50’’. also as an object of aesthetic beauty in its period of service in which the President On page 24, line 3, insert ‘‘and proof’’ after own right, it is appropriate to move many of served. ‘‘bullion’’. the mottos and emblems, the inscription of ‘‘(C) EDGE-INCUSED INSCRIPTIONS.— On page 24, line 4, strike ‘‘not to exceed the year, and the so-called ‘‘mint marks’’ ‘‘(i) IN GENERAL.—The inscription of the 500,000 in any year’’ and insert ‘‘in such that currently appear on the 2 faces of each year of minting or issuance of the coin and

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the inscriptions ‘E Pluribus Unum’ and ‘In ‘‘(o) FIRST SPOUSE BULLION COIN PRO- spouse of a President shall be issued on the God We Trust’ shall be edge-incused into the GRAM.— same schedule as the $1 coin issued under coin. ‘‘(1) IN GENERAL.—During the same period subsection (n) with respect to each such ‘‘(ii) PRESERVATION OF DISTINCTIVE EDGE.- described in subsection (n), the Secretary President. The edge-incusing of the inscriptions under shall issue bullion coins under this sub- ‘‘(B) MAXIMUM NUMBER OF BULLION COINS clause (i) on coins issued under this sub- section that are emblematic of the spouse of FOR EACH DESIGN.—The Secretary shall— section shall be done in a manner that pre- each such President. ‘‘(i) prescribe, on the basis of such factors serves the distinctive edge of the coin so ‘‘(2) SPECIFICATIONS.—The coins issued as the Secretary determines to be appro- that the denomination of the coin is readily under this subsection shall— priate, the maximum number of bullion discernible, including by individuals who are ‘‘(A) have the same diameter as the $1 coins that shall be issued with each of the blind or visually impaired. coins described in subsection (n); designs selected under this subsection; and ‘‘(D) INSCRIPTIONS OF ‘LIBERTY’.—Notwith- ‘‘(B) weigh 0.5 ounce; and ‘‘(ii) announce, before the issuance of the standing the second sentence of subsection ‘‘(C) contain 99.99 percent pure gold. bullion coins of each such design, the max- (d)(1), because the use of a design bearing the ‘‘(3) DESIGN REQUIREMENTS.— imum number of bullion coins of that design likeness of the Statue of Liberty on the re- ‘‘(A) COIN OBVERSE.—The design on the ob- that will be issued. verse of the coins issued under this sub- verse of each coin issued under this sub- ‘‘(C) TERMINATION OF PROGRAM.—No bullion section adequately conveys the concept of section shall contain— coin may be issued under this subsection Liberty, the inscription of ‘Liberty’ shall not ‘‘(i) the name and likeness of a person who after the termination, in accordance with appear on the coins. was a spouse of a President during the Presi- subsection (n)(8), of the $1 coin program es- ‘‘(E) LIMITATION IN SERIES TO DECEASED dent’s period of service; tablished under subsection (n). ‘‘(ii) an inscription of the years during PRESIDENTS.—No coin issued under this sub- ‘‘(6) QUALITY OF COINS.—The bullion coins section may bear the image of a living which such person was the spouse of a Presi- minted under this Act shall be issued in both former or current President, or of any de- dent during the President’s period of service; proof and uncirculated qualities. and ceased former President during the 2-year ‘‘(7) SOURCE OF GOLD BULLION.— ‘‘(iii) a number indicating the order of the period following the date of the death of that ‘‘(A) IN GENERAL.—The Secretary shall ac- President. period of service in which such President quire gold for the coins issued under this ‘‘(3) ISSUANCE OF COINS COMMEMORATING served. subsection by purchase of gold mined from ‘‘(B) COIN REVERSE.—The design on the re- PRESIDENTS.— natural deposits in the United States, or in verse of each coin issued under this sub- ‘‘(A) ORDER OF ISSUANCE.—The coins issued a territory or possession of the United section shall bear— under this subsection commemorating Presi- States, within 1 year after the month in ‘‘(i) images emblematic of the life and dents of the United States shall be issued in which the ore from which it is derived was work of the First Spouse whose image is the order of the period of service of each mined. borne on the obverse; and President, beginning with President George ‘‘(B) PRICE OF GOLD.—The Secretary shall ‘‘(ii) the inscription ‘United States of Washington. pay not more than the average world price America’. ‘‘(B) TREATMENT OF PERIOD OF SERVICE.— for the gold mined under subparagraph (A). ‘‘(C) DESIGNATED DENOMINATION.—Each ‘‘(i) IN GENERAL.—Subject to clause (ii), ‘‘(8) BRONZE MEDALS.—The Secretary may coin issued under this subsection shall bear, only 1 coin design shall be issued for a period strike and sell bronze medals that bear the on the reverse, an inscription of the nominal of service for any President, no matter how likeness of the bullion coins authorized denomination of the coin which shall be ‘$10’. many consecutive terms of office the Presi- under this subsection, at a price, size, and dent served. ‘‘(D) DESIGN IN CASE OF NO FIRST SPOUSE.— In the case of any President who served weight, and with such inscriptions, as the ‘‘(ii) NONCONSECUTIVE TERMS.—If a Presi- Secretary determines to be appropriate. dent has served during 2 or more non- without a spouse— ‘‘(9) LEGAL TENDER.—The coins minted consecutive periods of service, a coin shall be ‘‘(i) the image on the obverse of the bullion coin corresponding to the $1 coin relating to under this title shall be legal tender, as pro- issued under this subsection for each such vided in section 5103. nonconsecutive period of service. such President shall be an image emblematic of the concept of ‘Liberty’— ‘‘(10) TREATMENT AS NUMISMATIC ITEMS.— ‘‘(4) ISSUANCE OF COINS COMMEMORATING 4 For purposes of section 5134 and 5136, all PRESIDENTS DURING EACH YEAR OF THE PE- ‘‘(I) as represented on a United States coin issued during the period of service of such coins minted under this subsection shall be RIOD.— considered to be numismatic items.’’. ‘‘(A) IN GENERAL.—The designs for the $1 President; or coins issued during each year of the period ‘‘(II) as represented, in the case of Presi- SEC. 104. REMOVAL OF BARRIERS TO CIRCULA- TION. referred to in paragraph (1) shall be emblem- dent Chester Alan Arthur, by a design incor- Section 5112 of title 31, United States Code, atic of 4 Presidents until each President has porating the name and likeness of Alice as amended by sections 102 and 103, by adding been so honored, subject to paragraph (2)(E). Paul, a leading strategist in the suffrage ‘‘(B) NUMBER OF 4 CIRCULATING COIN DESIGNS movement, who was instrumental in gaining at the end the following: ‘‘(p) REMOVAL OF BARRIERS TO CIRCULATION IN EACH YEAR.—The Secretary shall pre- women the right to vote upon the adoption scribe, on the basis of such factors as the of the 19th amendment and thus the ability OF $1 COIN.— ‘‘(1) ACCEPTANCE BY AGENCIES AND INSTRU- Secretary determines to be appropriate, the to participate in the election of future Presi- MENTALITIES.— Beginning January 1, 2006, all number of $1 coins that shall be issued with dents, and who was born on January 11, 1885, agencies and instrumentalities of the United each of the designs selected for each year of during the term of President Arthur; and States, the United States Postal Service, all the period referred to in paragraph (1). ‘‘(ii) the reverse of such bullion coin shall ‘‘(5) LEGAL TENDER.—The coins minted be of a design representative of themes of non-appropriated fund instrumentalities es- under this title shall be legal tender, as pro- such President, except that in the case of the tablished under title 10, United States Code, vided in section 5103. bullion coin referred to in clause (i)(II) the all transit systems that receive operational ‘‘(6) TREATMENT AS NUMISMATIC ITEMS.—For reverse of such coin shall be representative subsidies or any disbursement of funds from purposes of section 5134 and 5136, all coins of the suffrage movement. the Federal Government, such as funds from minted under this subsection shall be consid- ‘‘(E) DESIGN AND COIN FOR EACH SPOUSE.—A the Federal Highway Trust Fund, including ered to be numismatic items. separate coin shall be designed and issued the Mass Transit Account, and all entities ‘‘(7) ISSUANCE OF NUMISMATIC COINS.—The under this section for each person who was that operate any business, including vending Secretary may mint and issue such number the spouse of a President during any portion machines, on any premises owned by the of $1 coins of each design selected under this of a term of office of such President. United States or under the control of any subsection in uncirculated and proof quali- ‘‘(F) INSCRIPTIONS.—Each bullion coin agency or instrumentality of the United ties as the Secretary determines to be appro- issued under this subsection shall bear the States, including the legislative and judicial priate. inscription of the year of minting or branches of the Federal Government, shall ‘‘(8) TERMINATION OF PROGRAM.—The issuance of the coin and such other inscrip- take such action as may be appropriate to issuance of coins under this subsection shall tions as the Secretary may determine to be ensure that by the end of the 2-year period terminate when each President has been so appropriate. beginning on such date— honored, subject to paragraph (2)(E), and ‘‘(4) SALE OF BULLION COINS.—Each bullion ‘‘(A) any business operations conducted by may not be resumed except by an Act of Con- coin issued under this subsection shall be any such agency, instrumentality, system, gress. sold by the Secretary at a price that is equal or entity that involve coins or currency will ‘‘(9) REVERSION TO PRECEDING DESIGN.— to or greater than the sum of— be fully capable of accepting and dispensing Upon the termination of the issuance of ‘‘(A) the face value of the coins; and $1 coins in connection with such operations; coins under this subsection, the design of all ‘‘(B) the cost of designing and issuing the and $1 coins shall revert to the so-called coins (including labor, materials, dies, use of ‘‘(B) displays signs and notices denoting ‘Sacagawea-design’ $1 coins.’’. machinery, overhead expenses, marketing, such capability on the premises where coins SEC. 103. FIRST SPOUSE BULLION COIN PRO- and shipping). or currency are accepted or dispensed, in- GRAM. ‘‘(5) ISSUANCE OF COINS COMMEMORATING cluding on each vending machine. Section 5112 of title 31, United States Code, FIRST SPOUSES.— ‘‘(2) PUBLICITY.—The Director of the as amended by section 102, is amended by ‘‘(A) IN GENERAL.—The bullion coins issued United States Mint, shall work closely with adding at the end the following: under this subsection with respect to any consumer groups, media outlets, and schools

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to ensure an adequate amount of news cov- propriate, and after consultation with the ‘‘(3) SUBSEQUENT DESIGNS.—After the 1-year erage, and other means of increasing public Board of Governors of the Federal Reserve period described to in paragraph (2), the Sec- awareness, of the inauguration of the Presi- System, the Secretary shall notify the Con- retary may— dential $1 Coin Program established in sub- gress of its assessment of issues related to ‘‘(A) after consulting with the Commission section (n) to ensure that consumers know of the co-circulation of any circulating $1 coin of Fine Arts, and subject to the review of the the availability of the coin. bearing any design, other than the so-called Citizens Coinage Advisory Committee, ‘‘(3) COORDINATION.—The Board of Gov- ‘Sacagawea-design’ $1 coin, in effect before change the design on the obverse or reverse ernors of the Federal Reserve System and the issuance of coins required under sub- of gold bullion coins struck under this sub- the Secretary shall take steps to ensure that section (n), including the effect of co-circula- section; and an adequate supply of $1 coins is available tion on the acceptance and use of $1 coins, ‘‘(B) change the maximum number of coins for commerce and collectors at such places and make recommendations to the Congress issued in any year. and in such quantities as are appropriate for improving the circulation of $1 coins.’’. ‘‘(4) SOURCE OF GOLD BULLION.— by— SEC. 105. SENSE OF THE CONGRESS. (A) IN GENERAL.—The Secretary shall ac- ‘‘(A) consulting, to accurately gauge de- It is the sense of the Congress that— quire gold for the coins issued under this mand for coins and to anticipate and elimi- (1) the enactment of this Act will serve to subsection by purchase of gold mined from nate obstacles to the easy and efficient dis- increase the use of $1 coins generally, which natural deposits in the United States, or in tribution and circulation of $1 coins as well will increase the circulation of the so-called a territory or possession of the United as all other circulating coins, from time to ‘‘Sacagawea- design’’ $1 coins that have been States, within 1 year after the month in time but no less frequently than annually, and will continue to be minted and issued; which the ore from which it is derived was with a coin users group, which may include— (2) the continued minting and issuance of mined. ‘‘(i) representatives of merchants who the so-called ‘‘Sacagawea-design’’ $1 coins ‘‘(B) PRICE OF GOLD.—The Secretary shall would benefit from the increased usage of $1 will serve as a lasting tribute to the role of pay not more than the average world price coins; women and Native Americans in the history for the gold mined under subparagraph (A). ‘‘(ii) vending machine and other coin ac- of the United States; ‘‘(5) SALE OF COINS.—Each gold bullion coin ceptor manufacturers; (3) the full circulation potential and cost- issued under this subsection shall be sold for ‘‘(iii) vending machine owners and opera- savings benefit projections for the $1 coins an amount the Secretary determines to be tors; are not likely to be achieved unless the coins appropriate, but not less than the sum of— ‘‘(iv) transit officials; are delivered in ways useful to ordinary com- ‘‘(A) the market value of the bullion at the ‘‘(v) municipal parking officials; merce; time of sale; and ‘‘(vi) depository institutions; (4) the coins issued in connection with this ‘‘(B) the cost of designing and issuing the ‘‘(vii) coin and currency handlers; title should not be introduced with an overly coins, including labor, materials, dies, use of ‘‘(viii) armored-car operators; expensive taxpayer-funded public relations machinery, overhead expenses, marketing, ‘‘(ix) car wash operators; and campaign; and shipping. ‘‘(x) coin collectors and dealers; (5) in order for the circulation of $1 coins ‘‘(6) LEGAL TENDER.—The coins minted ‘‘(B) submitting an annual report to the to achieve maximum potential— under this title shall be legal tender, as pro- Congress containing— (A) the coins should be as attractive as vided in section 5103. ‘‘(i) an assessment of the remaining obsta- possible; and ‘‘(7) TREATMENT AS NUMISMATIC ITEMS.—For cles to the efficient and timely circulation of (B) the Director of the United States Mint purposes of section 5134 and 5136, all coins coins, particularly $1 coins; should take all reasonable steps to ensure minted under this subsection shall be consid- ‘‘(ii) an assessment of the extent to which that all $1 coins minted and issued remain ered to be numismatic items.’’. the goals of subparagraph (C) are being met; tarnish-free for as long as possible without ‘‘(8) PROTECTIVE COVERING.— and incurring undue expense; and ‘‘(A) IN GENERAL.—Each bullion coin hav- ‘‘(iii) such recommendations for legislative (6) if the Secretary of the Treasury deter- ing a metallic content as described in sub- action the Board and the Secretary may de- mines to include on any $1 coin minted under section (a)(11) and a design specified in para- termine to be appropriate; section 102 of this Act a mark denoting the graph (2) shall be sold in an inexpensive cov- ‘‘(C) consulting with industry representa- United States Mint facility at which the coin ering that will protect the coin from damage tives to encourage operators of vending ma- was struck, such mark should be edge- due to ordinary handling or storage. chines and other automated coin-accepting incused. ‘‘(B) DESIGN.—The protective covering re- devices in the United States to accept coins TITLE II—BUFFALO GOLD BULLION quired under subparagraph (A) shall be read- issued under the Presidential $1 Coin Pro- COINS ily distinguishable from any coin packaging gram established under subsection (n) and SEC. 201. GOLD BULLION COINS. that may be used to protect proof coins any coins bearing any design in effect before Section 5112 of title 31, United States Code, minted and issued under this subsection.’’. the issuance of coins required under sub- is amended— section (n) (including the so-called TITLE III—ABRAHAM LINCOLN (1) in subsection (a), by adding at the end BICENTENNIAL 1-CENT COIN REDESIGN ‘Sacagawea-design’ $1 coins), and to include the following: notices on the machines and devices of such ‘‘(11) A $50 gold coin that is of an appro- SEC. 301. FINDINGS. acceptability; priate size and thickness, as determined by Congress finds the following: ‘‘(D) ensuring that— the Secretary, weighs 1 ounce, and contains (1) Abraham Lincoln, the 16th President, ‘‘(i) during an introductory period, all in- 99.99 percent pure gold.’’; and was one of the Nation’s greatest leaders, stitutions that want unmixed supplies of (2) by adding at the end, the following: demonstrating true courage during the Civil each newly-issued design of $1 coins minted ‘‘(q) GOLD BULLION COINS.— War, one of the greatest crises in the Na- under subsections (n) and (o) are able to ob- ‘‘(1) IN GENERAL.—Not later than 6 months tion’s history. tain such unmixed supplies; and after the date of enactment of the Presi- (2) Born of humble roots in Hardin County ‘‘(ii) circulating coins will be available for dential $1 Coin Act of 2005, the Secretary (present-day LaRue County), Kentucky, on ordinary commerce in packaging of sizes and shall commence striking and issuing for sale February 12, 1809, Abraham Lincoln rose to types appropriate for and useful to ordinary such number of $50 gold bullion and proof the Presidency through a combination of commerce, including rolled coins; coins as the Secretary may determine to be honesty, integrity, intelligence, and commit- ‘‘(E) working closely with any agency, in- appropriate, in such quantities, as the Sec- ment to the United States. strumentality, system, or entity referred to retary, in the Secretary’s discretion, may (3) With the belief that all men are created in paragraph (1) to facilitate compliance prescribe. equal, Abraham Lincoln led the effort to free with the requirements of such paragraph; ‘‘(2) INITIAL DESIGN.— all slaves in the United States. and (A) IN GENERAL.—Except as provided under (4) Abraham Lincoln had a generous heart, ‘‘(F) identifying, analyzing, and over- subparagraph (B), the obverse and reverse of with malice toward none, and with charity coming barriers to the robust circulation of the gold bullion coins struck under this sub- for all. $1 coins minted under subsections (n) and (0), section during the first year of issuance shall (5) Abraham Lincoln gave the ultimate including the use of demand prediction, im- bear the original designs by James Earle sacrifice for the country he loved, dying proved methods of distribution and circula- Fraser, which appear on the 5-cent coin com- from an assassin’s bullet on April 15, 1865. tion, and improved public education and monly referred to as the ‘Buffalo nickel’ or (6) All Americans could benefit from study- awareness campaigns. the ‘1913 Type 1’. ing the life of Abraham Lincoln, for Lin- ‘‘(4) BULLION DEALERS.—The Director of the ‘‘(B) VARIATIONS.—The coins referred to in coln’s life is a model for accomplishing the United States Mint shall take all steps nec- subparagraph (A) shall— ‘‘American dream’’ through honesty, integ- essary to ensure that a maximum number of ‘‘(i) have inscriptions of the weight of the rity, loyalty, and a lifetime of education. reputable, reliable, and responsible dealers coin and the nominal denomination of the (7) The year 2009 will be the bicentennial are qualified to offer for sale all bullion coin incused in that portion of the design on anniversary of the birth of Abraham Lincoln. coins struck and issued by the United States the reverse of the coin commonly known as (8) Abraham Lincoln was born in Ken- Mint. the ‘grassy mound’; and tucky, grew to adulthood in Indiana, ‘‘(5) REVIEW OF CO-CIRCULATION.—At such ‘‘(ii) bear such other inscriptions as the achieved fame in Illinois, and led the nation time as the Secretary determines to be ap- Secretary determines to be appropriate. in Washington, D.C.

VerDate Mar 15 2010 20:52 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\2005SENATE\S18NO5.REC S18NO5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S13424 CONGRESSIONAL RECORD — SENATE November 18, 2005 (9) The so-called ‘‘Lincoln cent’’ was intro- NATIONAL FLOOD INSURANCE However, Senators should be ready for duced in 1909 on the 100th anniversary of Lin- PROGRAM FURTHER ENHANCED a busy week beginning on Wednesday. coln’s birth, making the obverse design the BORROWING AUTHORITY ACT OF That would be December 14. Votes are most enduring on the nation’s coinage. 2005 expected as early as Wednesday morn- (10) President Theodore Roosevelt was so impressed by the talent of Victor David Mrs. HUTCHISON. Mr. President, I ing. Brenner that the sculptor was chosen to de- ask unanimous consent that the Sen- f sign the likeness of President Lincoln for the ate proceed to the immediate consider- coin, adapting a design from a plaque Bren- ation of H.R. 4133, which was received ADJOURNMENT UNTIL MONDAY, ner had prepared earlier. from the House. DECEMBER 12, 2005, AT 2 P.M. (11) In the nearly 100 years of production of Mr. MCCONNELL. Mr. President, if the ‘‘Lincoln cent’’, there have been only 2 The PRESIDING OFFICER. The designs on the reverse: the original, fea- clerk will report the bill by title. there is no further business to come be- turing 2 wheat-heads in memorial style en- The legislative clerk read as follows: fore the Senate, I ask unanimous con- closing mottoes, and the current representa- A bill (H.R. 4133) to temporarily increase sent that the Senate stand in adjourn- tion of the Lincoln Memorial in Washington, the borrowing authority of the Federal ment under the provisions of H. Con. D.C. Emergency Management Agency for car- Res. 307. (12) On the occasion of the bicentennial of rying out the national flood insurance pro- There being no objection, the Senate, President Lincoln’s birth and the 100th anni- gram. at 6:19 p.m., adjourned until Monday, versary of the production of the Lincoln There being no objection, the Senate December 12, 2005, at 2 p.m. cent, it is entirely fitting to issue a series of proceeded to consider the bill. 1-cent coins with designs on the reverse that f are emblematic of the 4 major periods of Mrs. HUTCHISON. Mr. President, I President Lincoln’s life. ask unanimous consent that the NOMINATIONS SEC. 302. REDESIGN OF LINCOLN CENT FOR 2009. amendment at the desk be agreed to, Executive nominations received by (a) IN GENERAL.—During the year 2009, the the bill, as amended, be read a third the Senate November 18, 2005: Secretary of the Treasury shall issue 1-cent time and passed, the motions to recon- DEPARTMENT OF THE INTERIOR coins in accordance with the following de- sider be laid upon the table, and that DAVID LONGLY BERNHARDT, OF COLORADO, TO BE SO- sign specifications: any statements relating to the bill be LICITOR OF THE DEPARTMENT OF THE INTERIOR, VICE (1) OBVERSE.—The obverse of the 1-cent printed in the RECORD. SUE ELLEN WOOLDRIDGE. coin shall continue to bear the Victor David The PRESIDING OFFICER. Without DEPARTMENT OF STATE Brenner likeness of President Abraham Lin- objection, it is so ordered. MICHAEL W. MICHALAK, OF MICHIGAN, A CAREER MEM- coln. The amendment (No. 2673) was agreed BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- (2) REVERSE.—The reverse of the coins ISTER-COUNSELOR, FOR THE RANK OF AMBASSADOR shall bear 4 different designs each rep- to, as follows: DURING HIS TENURE OF SERVICE AS UNITED STATES SENIOR OFFICIAL TO THE ASIA-PACIFIC ECONOMIC CO- resenting a different aspect of the life of AMENDMENT NO. 2673 OPERATION FORUM. Abraham Lincoln, such as— On page 2 line 12 strike ‘‘8,500,000,000’’ and JAMES D. MCGEE, OF FLORIDA, A CAREER MEMBER OF (A) his birth and early childhood in Ken- THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, insert ‘‘18,500,000,000’’. TO BE AMBASSADOR EXTRAORDINARY AND PLENI- tucky; At the end insert the following: POTENTIARY OF THE UNITED STATES OF AMERICA TO (B) his formative years in Indiana; ‘‘SEC. 3. EMERGENCY SPENDING. THE UNION OF COMOROS. (C) his professional life in Illinois; and The amendment made under section 2 is f (D) his presidency, in Washington, D.C. designated as emergency spending, as pro- (b) ISSUANCE OF REDESIGNED LINCOLN CENTS vided under section 402 of H. Con. Res. 95 CONFIRMATIONS IN 2009.— (109th Congress).’’ Executive Nominations Confirmed by (1) ORDER.—The 1-cent coins to which this section applies shall be issued with 1 of the The bill (H.R. 4133), as amended, was the Senate Friday, November 18, 2005: 4 designs referred to in subsection (a)(2) be- read the third time and passed. DEPARTMENT OF THE INTERIOR ginning at the start of each calendar quarter Mr. MCCONNELL. So Mr. President, PATRICIA LYNN SCARLETT, OF CALIFORNIA, TO BE of 2009. we are near the end of this session. DEPUTY SECRETARYOF THE INTERIOR. THE ABOVE NOMINATION WAS APPROVED SUBJECT TO (2) NUMBER.—The Secretary shall pre- f THE NOMINEE’S COMMITMENT TO RESPOND TO RE- scribe, on the basis of such factors as the QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY Secretary determines to be appropriate, the ORDERS FOR MONDAY, DECEMBER CONSTITUTED COMMITTEE OF THE SENATE. number of 1-cent coins that shall be issued 12, 2005 DEPARTMENT OF STATE with each of the designs selected for each RONALD L. SCHLICHER, OF TENNESSEE, TO BE AMBAS- calendar quarter of 2009. Mr. MCCONNELL. Mr. President, I SADOR TO THE REPUBLIC OF CYPRUS. (c) DESIGN SELECTION.—The designs for the ask unanimous consent that when the CAROL VAN VOORST, OF VIRGINIA, TO BE AMBASSADOR TO THE REPUBLIC OF ICELAND. coins specified in this section shall be chosen Senate completes its business today, it ROSS WILSON, OF MARYLAND, TO BE AMBASSADOR TO by the Secretary— stand in adjournment under the provi- THE REPUBLIC OF TURKEY. (1) after consultation with the Abraham sions of H. Con. Res. 307 until 2 p.m. on DONALD M. PAYNE, OF NEW JERSEY, TO BE A REP- Lincoln Bicentennial Commission and the RESENTATIVE OF THE UNITED STATES OF AMERICA TO Monday, December 12. I further ask THE SIXTIETH SESSION OF THE GENERAL ASSEMBLY OF Commission of Fine Arts; and consent that following the prayer and THE UNITED NATIONS. (2) after review by the Citizens Coinage Ad- EDWARD RANDALL ROYCE, OF CALIFORNIA, TO BE A visory Committee. pledge, the morning hour be deemed REPRESENTATIVE OF THE UNITED STATES OF AMERICA expired, the Journal of proceedings be TO THE SIXTIETH SESSION OF THE GENERAL ASSEMBLY SEC. 303. REDESIGN OF REVERSE OF 1-CENT OF THE UNITED NATIONS. COINS AFTER 2009. approved to date, the time for the two UNITED NATIONS leaders be reserved, and then the Sen- The design on the reverse of the 1-cent ALEJANDRO DANIEL WOLFF, OF CALIFORNIA, TO BE coins issued after December 31, 2009, shall ate proceed to a period of morning THE DEPUTY REPRESENTATIVE OF THE UNITED STATES bear an image emblematic of President Lin- business. OF AMERICA TO THE UNITED NATIONS, WITH THE RANK AND STATUS OF AMBASSADOR, AND THE DEPUTY REP- coln’s preservation of the United States of The PRESIDING OFFICER. Without RESENTATIVE OF THE UNITED STATES OF AMERICA IN America as a single and united country. objection, it is so ordered. THE SECURITY COUNCIL OF THE UNITED NATIONS. SEC. 304. NUMISMATIC PENNIES WITH THE SAME ALEJANDRO DANIEL WOLFF, OF CALIFORNIA, A CA- f REER MEMBER OF THE SENIOR FOREIGN SERVICE, METALLIC CONTENT AS THE 1909 CLASS OF MINISTER-COUNSELOR, TO BE REPRESENTA- PENNY. TIVE OF THE UNITED STATES OF AMERICA TO THE SES- The Secretary of the Treasury shall issue PROGRAM SIONS OF THE GENERAL ASSEMBLY OF THE UNITED NA- TIONS, DURING HIS TENURE OF SERVICE AS DEPUTY 1-cent coins in 2009 with the exact metallic Mr. MCCONNELL. Mr. President, we REPRESENTATIVE OF THE UNITED STATES OF AMERICA content as the 1-cent coin contained in 1909 have had a busy and productive week, TO THE UNITED NATIONS. in such number as the Secretary determines and I believe we are now ready to ad- IN THE AIR FORCE to be appropriate for numismatic purposes. journ for the Thanksgiving break. As I THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED SEC. 305. SENSE OF THE CONGRESS. indicated, we will return to business on STATES OFFICERS FOR APPOINTMENT IN THE RESERVE It is the sense of the Congress that the OF THE AIR FORCE TO THE GRADES INDICATED UNDER Monday, December 12. We expect to TITLE 10, U.S.C., SECTION 12203: original Victor David Brenner design for the have some additional conference re- 1-cent coin was a dramatic departure from To be major general ports from the House, including the previous American coinage that should be re- BRIGADIER GENERAL LARITA A. ARAGON produced, using the original form and relief PATRIOT Act conference report. I do BRIGADIER GENERAL TOD M. BUNTING not anticipate votes on Monday, De- BRIGADIER GENERAL CRAIG E. CAMPBELL of the likeness of Abraham Lincoln, on the 1- BRIGADIER GENERAL WILLIAM R. COTNEY cent coins issued in 2009. cember 12 or Tuesday, December 13. BRIGADIER GENERAL R. ANTHONY HAYNES

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BRIGADIER GENERAL CHARLES V. ICKES II BRIGADIER GENERAL RICHARD B. MOORHEAD FOREIGN SERVICE BRIGADIER GENERAL ROBERT A. KNAUFF BRIGADIER GENERAL MARVIN W. PIERSON BRIGADIER GENERAL JAMES R. MARSHALL BRIGADIER GENERAL STEWART A. REEVE FOREIGN SERVICE NOMINATIONS BEGINNING WITH R. BRIGADIER GENERAL TERRY L. SCHERLING BRIGADIER GENERAL RANDALL E. SAYRE NICHOLAS BURNS AND ENDING WITH CHARLES E. BRIGADIER GENERAL MICHAEL J. SHIRA BRIGADIER GENERAL THEODORE G. SHUEY, JR. WRIGHT, WHICH NOMINATIONS WERE RECEIVED BY THE BRIGADIER GENERAL EMMETT R. TITSHAW, JR. BRIGADIER GENERAL THOMAS L. SINCLAIR SENATE AND APPEARED IN THE CONGRESSIONAL BRIGADIER GENERAL DAVID A. SPRYNCZYNATYK RECORD ON OCTOBER 17, 2005. To be brigadier general BRIGADIER GENERAL STEPHEN F. VILLACORTA COLONEL DAVID S. ANGLE BRIGADIER GENERAL GREGORY L. WAYT IN THE AIR FORCE COLONEL THOMAS M. BOTCHIE BRIGADIER GENERAL JOHN J. WEEDEN COLONEL RICHARD W. BURRIS BRIGADIER GENERAL DEBORAH C. WHEELING AIR FORCE NOMINATIONS BEGINNING WITH BRIAN F. COLONEL GARRY C. DEAN To be brigadier general ABELL AND ENDING WITH RAY A. ZUNIGA, WHICH NOMI- COLONEL MICHAEL J. DORNBUSH NATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL KATHLEEN E. FICK COLONEL RICKY G. ADAMS PEARED IN THE CONGRESSIONAL RECORD ON MAY 26, COLONEL EDWARD R. FLORA COLONEL STEPHEN E. BOGLE 2005. COLONEL JAMES H. GWIN COLONEL BRENT M. BOYLES AIR FORCE NOMINATION OF JON R. STOVALL TO BE COLONEL SCOTT B. HARRISON COLONEL STEPHEN C. BURRITT COLONEL. COLONEL DAVID M. HOPPER COLONEL ANDREW C. BURTON AIR FORCE NOMINATION OF KENNETH W. BULLOCK TO COLONEL HOWARD P. HUNT III COLONEL CAMERON A. CRAWFORD BE LIEUTENANT COLONEL. COLONEL CYNTHIA N. KIRKLAND COLONEL JOSEPH G. DEPAUL AIR FORCE NOMINATIONS BEGINNING WITH RANDALL COLONEL JOHN M. MOTLEY, JR. COLONEL MARK C. DOW S. LECHEMINANT AND ENDING WITH SCOTT H. R. LEE, COLONEL GERALD C. OLESEN COLONEL DOUGLAS B. EARHART WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL ALAN W. PALMER COLONEL WILLIAM L. ENYART, JR. AND APPEARED IN THE CONGRESSIONAL RECORD ON NO- COLONEL MICHAEL L. PEPLINSKI COLONEL GLENN C. HAMMOND III VEMBER 10, 2005. COLONEL ESTHER A. RADA COLONEL DAVID L. HARRIS AIR FORCE NOMINATION OF RENA A. NICHOLAS TO BE COLONEL ALEX D. ROBERTS COLONEL ROBERT A. HARRIS MAJOR. AIR FORCE NOMINATION OF JEFFREY S. BRITTIG TO BE THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COLONEL GRANT L. HAYDEN MAJOR. STATES OFFICERS FOR APPOINTMENT IN THE RESERVE COLONEL JOHN W. HELTZEL AIR FORCE NOMINATION OF ALBERT J. BAINGER TO BE OF THE AIR FORCE TO THE GRADES INDICATED UNDER COLONEL LEODIS T. JENNINGS MAJOR. TITLE 10, U.S.C., SECTION 12203: COLONEL LARRY D. KAY COLONEL JEFF W. MATHIS III To be brigadier general COLONEL WENDELL B. MCLAIN IN THE ARMY COLONEL TIMOTHY S. PHILLIPS COLONEL STEVEN R. DOOHEN COLONEL JANET E. PHIPPS ARMY NOMINATIONS BEGINNING WITH ROBINETTE J. AMAKER AND ENDING WITH JOSEF H. MOORE, WHICH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL STANLEY R. PUTNAM NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL RONALD J. RANDAZZO PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER CATED UNDER TITLE 10, U.S.C., SECTION 624: COLONEL JOSEPH M. RICHIE COLONEL KING E. SIDWELL 25, 2005. To be brigadier general COLONEL EUGENE A. STOCKTON ARMY NOMINATIONS BEGINNING WITH TERRY K. BESCH COLONEL TIMOTHY I. SULLIVAN AND ENDING WITH JOHN R. TABER, WHICH NOMINATIONS COLONEL DANIEL R. EAGLE COLONEL RICHARD E. SWAN WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE ARMY COLONEL JAMES H. TROGDON III CONGRESSIONAL RECORD ON OCTOBER 25, 2005. COLONEL JAMES D. TYRE ARMY NOMINATIONS BEGINNING WITH KIMBERLY K. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL TERRY L. WILEY ARMSTRONG AND ENDING WITH KELLY A. WOLGAST, IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE RESERVE OF THE ARMY TO THE GRADE INDI- TOBER 25 2005. To be general CATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATIONS BEGINNING WITH RANDALL G. AN- To be brigadier general DERSON AND ENDING WITH JOHN H. TRAKOWSKI, JR., LT. GEN. DAVID D. MCKIERNAN WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COL. GUY L. SANDS-PINGOT AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TOBER 25, 2005. IN THE UNITED STATES ARMY TO THE GRADE INDICATED THE FOLLOWING ARMY NATIONAL GUARD OF THE ARMY NOMINATIONS BEGINNING WITH ROBERT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- DEMPSTER AND ENDING WITH ERROL LADER, WHICH RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SERVE OF THE ARMY TO THE GRADE INDICATED UNDER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be lieutenant general TITLE 10, U.S.C., SECTION 12203: PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER To be brigadier general 26, 2005. MAJ. GEN. PETER W. CHIARELLI ARMY NOMINATIONS BEGINNING WITH MIMMS MABEE COL. MITCHELL L. BROWN AND ENDING WITH JIMMIE PEREZ, WHICH NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE NAVY CONGRESSIONAL RECORD ON OCTOBER 26, 2005. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATIONS BEGINNING WITH MICHELLE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: BEACH AND ENDING WITH HELEN LAQUAY, WHICH NOMI- AS CHIEF OF NAVAL PERSONNEL, UNITED STATES NAVY, NATIONS WERE RECEIVED BY THE SENATE AND AP- To be lieutenant general AND APPOINTMENT TO THE GRADE INDICATED WHILE PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- 26, 2005. MAJ. GEN. KEITH W. DAYTON SIBILITY UNDER TITLE 10, U.S.C., 601 AND 5141: ARMY NOMINATIONS BEGINNING WITH GREGORY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be vice admiral BREWER AND ENDING WITH TERRELL MORROW, WHICH IN THE UNITED STATES ARMY TO THE GRADE INDICATED NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND REAR ADM. JOHN C. HARVEY, JR. PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 26, 2005. To be lieutenant general IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING WITH WALTER J. AUS- UNDER TITLE 10, U.S.C., SECTION 624: TIN AND ENDING WITH KEITH C. SMITH, WHICH NOMINA- MAJ. GEN. JOHN R. WOOD TIONS WERE RECEIVED BY THE SENATE AND APPEARED To be rear admiral (lower half) IN THE CONGRESSIONAL RECORD ON NOVEMBER 4, 2005. THE FOLLOWING ARMY NATIONAL GUARD OF THE CAPT. FRANK THORP IV ARMY NOMINATION OF JACK N. WASHBURNE TO BE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- COLONEL. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER IN THE COAST GUARD ARMY NOMINATIONS BEGINNING WITH BARRY J. BERN- TITLE 10, U.S.C., SECTION 12203: STEIN AND ENDING WITH JUAN M. VERA, WHICH NOMINA- To be major general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE UNITED STATES COAST GUARD TO THE GRADE IN- IN THE CONGRESSIONAL RECORD ON NOVEMBER 10, 2005. BRIG. GEN. WILLIAM T. NESBITT DICATED UNDER TITLE 14, U.S.C., SECTION 271: ARMY NOMINATIONS BEGINNING WITH MELVIN S. To be rear admiral (lower half) HOGAN AND ENDING WITH JOSEPH M. JACKSON, WHICH THE FOLLOWING ARMY NATIONAL GUARD OF THE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- UNITED STATES OFFICERS FOR APPOINTMENT IN THE CAPT. WILLIAM D. BAUMGARTNER PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER RESERVE OF THE ARMY TO THE GRADES INDICATED CAPT. MANSON K. BROWN 10, 2005. UNDER TITLE 10, U.S.C., SECTION 12203: CAPT. JOHN S. BURHOE To be major general CAPT. WAYNE E. JUSTICE IN THE COAST GUARD CAPT. DANIEL B. LLOYD BRIGADIER GENERAL ROBERT P. FRENCH CAPT. ROBERT C. PARKER COAST GUARD NOMINATION OF KATHLEEN M. DONOHOE BRIGADIER GENERAL DONALD J. GOLDHORN CAPT. BRIAN M. SALERNO TO BE CAPTAIN.

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INTRODUCING THE SOUTHERN disappearance has remained unknown, leav- County General Hospital in Fresno, Dr. Curry NEVADA READINESS CENTER ACT ing the families of the fallen pilots without an- moved to Denver, Colorado to finish his resi- swers. dency in internal medicine at Denver Veterans HON. JON C. PORTER For over 225 years, the freedom of America Administrative Hospital. Dr. Ulysses Curry per- OF NEVADA has been maintained by the fighting men and manently returned to Fresno and opened his IN THE HOUSE OF REPRESENTATIVES women of our Nation’s Armed Forces. These General/Family Practice at which he continues courageous soldiers, sailors and marines put to practice medicine. Thursday, November 17, 2005 their lives on the line every day to preserve Dr. Curry is affiliated with many hospitals in Mr. PORTER. Mr. Speaker, I rise today the safety and security of our Nation. In hon- the Central Valley, such as Fresno Community along with my colleagues, Representative JIM oring the 27 men lost on December 5, 1945, Hospital, Clovis Community Hospital and Si- GIBBONS and Representative SHELLEY BERK- we also honor the hundreds of thousands of erra Community. Ulysses also has member- LEY, to introduce the Southern Nevada Readi- men and women of America’s Armed Forces ships with many professional medical associa- ness Center Act. whose heroic actions go unheralded every tions. He is an active member of Fresno- The purpose ofthe Southern Nevada Readi- day. Madera Medical Society, John Hale Medical ness Center Act is to convey 35–50 acres of In passing this resolution, we also honor the Forum, California Medical Association as well land from the McCarran Airport Cooperative families of the fallen pilots, whose sacrifices as a lifetime membership to the California Management Area Boundary to the Nevada on behalf of our country will never be forgot- Academy of Family Physicians and the Amer- National Guard for the purpose of building the ten. ican Academy of Family Physicians. Nevada National Guard Readiness Center. I strongly support H. Res. 500, and I en- It is obvious from his extensive career that This Readiness Center will serve Henderson courage my colleagues to do the same. Dr. Ulysses S. Curry is worthy of such rec- and southwest Las Vegas, and will allow the f ognition from the West Fresno Health Care Nevada National Guard to have better access Coalition. It is with great pleasure that I stand to the facilities and equipment they need for PERSONAL EXPLANATION today and congratulate Dr. Curry for all of his training. achievements. The National Guard is our Nation’s first line HON. JIM KOLBE f of defense in an ever-changing world. As the OF ARIZONA HONORING RICHARD H. SHAPIRO Guard’s role expands, it is important that they IN THE HOUSE OF REPRESENTATIVES are given the facilities and equipment they Thursday, November 17, 2005 need to protect both Nevada and America at HON. ROBERT W. NEY OF OHIO large. This Readiness Center will help Ne- Mr. KOLBE. Mr. Speaker, on November 16, IN THE HOUSE OF REPRESENTATIVES vada’s National Guard to achieve this goal, I missed the vote H. Con. Res. 268, express- and I look forward to working with Congress to ing the sense of the Congress regarding over- Thursday, November 17, 2005 pass this bill into law. sight of the Internet Corporation for Assigned Mr. NEY. Mr. Speaker, I rise today to honor f Names and Numbers (#594). I intended to Richard H. Shapiro, Executive Director of the vote ‘‘aye.’’ Congressional Management Foundation, CMF. RECOGNIZING THE 60TH ANNIVER- f Since 1988, Rick has tirelessly provided im- SARY OF THE DISAPPEARANCE portant and needed services in support of the OF THE 5 NAVAL AVENGER TOR- CONGRATULATING DR. ULYSSES S. institution of Congress. As Executive Director, PEDO BOMBERS OF FLIGHT 19 CURRY Rick has become a leading expert on improv- ing operations in the U.S. Congress. He has SPEECH OF HON. JIM COSTA utilized that expertise in support of individual HON. SHEILA JACKSON-LEE OF CALIFORNIA Member offices, in the training of literally thou- OF TEXAS IN THE HOUSE OF REPRESENTATIVES sands of Congressional staff, in providing re- IN THE HOUSE OF REPRESENTATIVES Thursday, November 17, 2005 search and best-practices information to House Administration, Committee and Member Wednesday, November 16, 2005 Mr. COSTA. Mr. Speaker, I rise today to offices, and in writing landmark books and Ms. JACKSON-LEE of Texas. Mr. Speaker, congratulate Dr. Ulysses S. Curry of Fresno, studies on Congressional management. I rise in support of H. Res. 500, recognizing as the honored recipient of the Community Mr. Speaker, Rick’s involvement with Con- the 60th anniversary the disappearance of five Health Champion Award from West Fresno gress began in 1978, when he was a staff in- Avenger warplanes and one of the rescue air- Health Care Coalition. vestigator at the former U.S. Senate Perma- craft sent to retrieve the lost pilots. The six Dr. Curry has dedicated over 30 years of nent Subcommittee on Investigations. While planes flying out of the Naval Air Station of continuous medical service to Fresno and con- investigating Department of Defense procure- Banan River on December 5, 1945 contained tinues to devote his time to the community. ment practices, Rick came to understand the a total of 27 men. These brave men have Ever a generous doctor, Ulysses has donated importance of Congressional oversight. Effec- never been recovered. Their planes and all of much of his time to assist in the progression tive oversight requires effective management, their equipment have never been found, ei- of the medical community in the Central Val- and as Rick came to understand this relation- ther. ley. ship, he came to appreciate the importance of As an interesting point, the disappearance Upon graduation from Central High School good management in Congress. of the planes happened somewhere off the in Omaha, Nebraska, Dr. Curry immediately Following graduate school, Rick returned to eastern coast of Florida. The strange dis- attended the University of Kansas in 1939. Congress as the Staff Director of the former appearance of these aircraft was the first inci- Ulysses went on to Howard University to pur- House Post Office and Civil Service Sub- dent in the lore of what became the story of sue his Master’s Degree, followed by Meharry committee on Investigations, and subsequently the Bermuda Triangle. To date, the incident Medical College in Nashville, Tennessee from as Staff Director at the House Small Business which we are acknowledging today is still the which he attained his medical degree. He did Subcommittee on Regulation and Business most cited example of strange occurrences in his internship at Saint Agnes Hospital in Ra- Opportunities. In those positions, he managed the Bermuda Triangle. leigh, North Carolina immediately following congressional staff and workload, laying the Mr. Speaker, we should remember the brav- medical school. groundwork for his move to the Congressional ery of these 27 men by acknowledging the an- It was a residency program that originally Management Foundation as Deputy Executive niversary of their disappearance. It is a trag- brought Dr. Curry to California. After com- Director in 1988. One year later, he became edy that for so many years, the cause of the pleting his residency in pediatrics at Fresno its Executive Director.

∑ 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 04:40 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.047 E18NOPT1 E2398 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 Rick is a management consultant with un- Fresno and his Master’s Degree in Manage- Charles Young, and classic jazz hits ‘‘Take the paralleled expertise in how to provide man- ment from California Polytechnic University at ‘A’ Train’’ and ‘‘Happy Go Lucky Local’’ from agement and leadership assistance in the Pomona. He is a graduate of the California Duke Ellington and Billy Strayhorn. unique environment of Congress. He conducts Command College, where his peers chose I’d like to congratulate drum majors Ashley organizational assessments for individual of- him as the Most Inspirational Student. Hardy, Jeremy Parker, and Laura Pauwels for fices, committee offices, leadership organiza- Chief Dyer has served with the Fresno Po- leading their band to victory. tions and ultimately for Congress itself. He lice Department for 26 years. His hard work The 2005 Class B champs include: Flutes: prepares and conducts surveys in support of and dedication to public safety did not go un- Kelly Aaron, Kelsey Beabout, Kylie Bontrager, change processes for congressional organiza- recognized and on August 1, 2001 he was Jessica Cuzzocrea, Stephanie Czarnecki, Kari tions; facilitates strategic planning sessions named Chief of Police. During his tenure as Dehart, Ashlee Field, Addie Hall, Anita and develops written organization plans; facili- Police Chief, the Fresno community has expe- Kaoma, Amanda King, Courtney Laughman, tates group problem solving for House and rienced three consecutive years of a decrease Jaymi Lechlitner, Krista Mevis, Erica Senate offices; and provides individual as- in crime, which resulted in a 33-year-low in Moskowitz, Colleen Nissley, Luke Overton, sessment and coaching to senior managers crime for the year 2004. Caitlin Parker, Audrie Pressler, Rachel Press- and Members of Congress. During his tenure Traffic safety has also been made a top pri- ler, Joseph Reed, Julie Richards, Elizabeth at CMF, Rick has delivered dozens of training ority of the Fresno Police Department since Robbins, Maria Rodriguez, Megan Rump, Alli- programs to address the needs of legislative the appointment of Mr. Dyer as the Chief of son Smart, Megan Vail, Brittany Victor, Kim and support staff. He has authored and super- Police; guided by the wisdom of Chief Dyer, Yoder; Piccolos: Cassie Rhude, Libby Watson; vised the production of several books and re- the Fresno Police Department has received Clarinets: Audrey Acosta, Marisa Amos, Katy ports, including the biannual House and Sen- national and state recognition for its traffic Bail, Dani Baugher, Maria Bernal, Lacey ate Staff Salary Surveys, Frontline Manage- safety efforts, which include the prestigious Conwell, Adilene Corona, Rachel Davis, Julie ment, a guide for state office staff, and Setting California Highway Patrol Commissioner’s Elmore, Conor Gavin, Megan Gunn, Jenni Course, A Congressional Management Guide, Award. The department has also received Hillyer, Kylie Kern, Kayla Killian, Amber King, which most new members of Congress find an many other honors, such as first place in the Tim Koscielny, Meredith Loucks, Catie Lynch, absolutely indispensable tool as they face the International Association of Chiefs of Police Nici Lynch, Holly Meyers, Jessica Miller, daunting task of setting up their offices after ‘‘Law Enforcement Chief’s Challenge’’ and Krysta Miller, Molly Miller, Halie Murray, Jes- sica Partin, Brittany Price, Stephanie Quick, being elected. Most recently, Rick and CMF ‘‘Impaired Driving Enforcement Award,’’ as Jordan Reyes, Alison Roberts, Brooklyn Rog- have gotten deeply involved in information well as three consecutive first place awards in ers, Nicole Smith, Tony Templeton, Chelsey technology related issues, such as website de- the ‘‘California Law Enforcement Chiefs Chal- VanAcker, Brooke Victor, Kayla Yoder, Sean sign and managing internet communication. lenge.’’ Mr. Speaker, CMF is not a large institution, Chief Jerry Dyer has worked tirelessly to Zimmerle; Bass Clarinets: Iris Bock, Craig nor is it a well-endowed one. It is, in fact, a make the Fresno Police Department one of Bone, Logan Bourdon, Mandy Himes, Jon small group of dedicated people whose sole the state’s outstanding law enforcement orga- Rhoades, Ana Rodriguez, Brian Zimmerle, Na- goal is to help Congress become a more pro- nizations. He has initiated rigorous processes than Nelson; Alto Saxophone: Brent Boehner, ductive and effective institution through good to have the Department nationally accredited Paige Conwell, Deb Elliott, Lizzie Fish, Ben management practices. There is a great deal through the Commission on Accreditation for Gooding, Lon Hambrice, Manuel Herrera- of work to be done toward that end, and the Law Enforcement Agencies. In 2005 the Fres- Inchima, Becca Hinson, Dustin Knight, Mike staff at CMF, led by Rick, works very hard at no Police Department was awarded accredita- Koscielny, Alex Lung, Krystal McKenzie, Bran- reaching that goal. Under Rick’s leadership, tion status; less than 4 percent of law enforce- don Miller, Brandon Pollock, Matt Schmucker, the range and quality of services CMF pro- ment agencies in the United States have Jared Schooley, Courtney Wallis, Chad vides has grown significantly, and the institu- achieved this honor. Wegrecki; Tenor Saxophone: Tyler Bourdon, tion of Congress has benefited greatly from Chief Jerry Dyer personifies a hero in every Andrew Fischer, Shane Collins, Keith Doyle, this growth. aspect of the term. His sacrifices and belief in Rachelle Fox, Courtney Hemminger, Abigail Mr. Speaker, for 16 years, Rick has worked justice are admirable. The community of Fres- Miller, Kayleigh Shurtz; Trumpets: Blake tirelessly with staff on both sides of the aisle no is honored to have a loyal, honest, and Baker, Donielle Bibby, Peter Bone, Mark to improve the management of Congress. I trustworthy leader of our police force and we Brown, David Campbell, Andrew Christophel, believe that his contribution to the functioning applaud his dedication to providing a safe en- Benjamin Clark, Ryan Detwiler, Rayna of this body has been extraordinarily valuable, vironment for our community. Dimitroff, Colin Doherty, Jarod Eastham, Dan- iel Fischer, Tanner Free, Veronica Hill, Aman- and my purpose in rising today is to express f my appreciation for his years of good work. da Himes, Phil Jones, Bradley Kime, Matt Mr. Speaker, it is a great honor for me to CONGRATULATING THE CONCORD Kinsman, Crystal Martinez, Kenny Mashala, recognize one of the most important contribu- HIGH SCHOOL MARCHING MIN- Carl McAfoos, Jason Miller, DJ Mumaw, Kelly tors to the effective management of Congress, UTEMEN ON THEIR SECOND IN Schaffer, Laurie Schalliol, Jim Schoeffler, Mr. Richard H. Shapiro. THREE YEARS CLASS B STATE Steve Trout, Renee Wagner, Ryan Weaver; BAND CHAMPIONSHIP Flugelhorns: Thomas Davidhizar, Andrew f Davis, Caine Espinoza, Mike Lakner, Julie CONGRATULATING POLICE CHIEF HON. CHRIS CHOCOLA McCarty, Andrew Smole; Mellophones: Kylie JERRY DYER OF INDIANA Eckmyre, Melanie Gingerich, Genni Housman, Stephen Kauffman, Kathy Lambright, IN THE HOUSE OF REPRESENTATIVES Samantha Nagy; Trombones: Robyn Bortner, HON. JIM COSTA Thursday, November 17, 2005 OF CALIFORNIA Mike Campbell, Sean Emmons, Chad Hoien, IN THE HOUSE OF REPRESENTATIVES Mr. CHOCOLA. Mr. Speaker, I usually am Matt Izak, Brandy Jackson, Steven Karanja, not one to experience deja vu, but today I find Jordan King, Kevin Lipp, Veronica Meade, Thursday, November 17, 2005 myself in a familiar situation. Torey Miller, Jordan Parker, Brandon Schenk, Mr. COSTA. Mr. Speaker, I rise today to Two years ago, I rose to congratulate the Dustin Simmons, Tyler Stevens, Andrew congratulate Police Chief Jerry Dyer of Fres- Concord Marching Minutemen on their 2003 Stout, Eric Wilsey, Teneen Zimmer; Baritones: no, California for receiving the 2005 Excel- Class B Indiana State School Music Associa- Justin Alwine, Kris Baker, Chris Dean, Bryan lence In Public Service Award. The Fresno tion Championship. Eichorst, Andy Ha, John Kauffman, Matt Bee, The Fresno Business Council and the Today, I rise again to congratulate them on Lanouette, Robert Stout; Tubas: Travis Cox, Maddy Institute at California State University, winning their second ISSMA championship in Chris Crawford, Chris Holcomb, Suzanne Hol- Fresno, sponsor this prestigious award. the past three years. On October 22, 2005, comb, Matthew Miller, Jeremy Rowe, Morgen A dedicated advocate of justice, Jerry Dyer these young men and women won the 2005 Smith; Percussion: Cory Allison, Darlene Ben- has devoted his entire professional career to Class B state marching band championship, nett, Matthew Bennett, Jen Bollero, Bryce safeguarding his community. The honor of re- edging out nine other competitors. Canen, Sarah-Jane Cikara, Amy Clark, Emma ceiving recognition for public service is long This is the band’s third championship, and Cooper, Dylan Dufour, Giovanni Echeverria, overdue and well deserved. in 2002 and 2004, they were state runner-up. Michael Johnson, April Mascola, Dustin Mr. Dyer received his Bachelor’s Degree in The ‘‘All Aboard,’’ train-themed program in- McLain, Justin Miracle, Kelsey Prieshoff, Bry- Criminology from California State University, cluded ‘‘Tempered Steel’’ by composer ant Quist, Sarah Runswick, Allie Sawyer, Matt

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.051 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2399 Schnaars, Andrew Stevens, Kurt Tahara, government. Never did he blink or stray from remembered when freedom reigns again in Amber VanderReyden, Blake Varab, Mark his standards and beliefs in the process of Cuba. President Bush addressed those brave Wyrick; Bass: Ben Jarvis; Sound Tech: Dawn public involvement in honest government. He men and women who spread the light of free- Supper; Color Guard: Elise Arvidson, Marlene has shown his strength of character in steadily dom in the darkest corners of the world when Arvidson, Tiffany Baker, Karen Berndt, standing by his morals and values. he said, in his second inaugural address, Veronica Boggs, Heather Dean, Mikala Ells- A member of the Clovis City Council since ‘‘Democratic reformers facing repression, pris- worth, Ashley Elsasser, Laken Fordyce, 1970, Harry is the longest serving council on, or exile can know: America sees you for DeAnna Jackson, Danielle Johnson, Leanne member in the State of California. He was who you are: the future leaders of your free Johnson, Brittany Kauffman, Yolo Lopez- elected Mayor of Clovis on four occasions. Mr. country.’’ Perez, Alyssa Lung, Anne Lypka, Emily Armstrong’s leadership is not limited, however, Mr. Speaker, it is a profound embarrass- Mathieu, Jessica Meade, Alisa Peffley, Julie to the Clovis City Council. He has also served ment for mankind that the world stands by in Reusser, Evanna Rodriguez, Brittany Rushing, on numerous boards and committees, Presi- silence and acquiescence while political pris- Jessica Scott, Rachel Sirinek, Madeline Valle, dent of the League of California Cities, Chair oners are systematically tortured in totalitarian Kristen Weaver, Megan Whitacre, Chellie Zou, of the Fresno County Transportation Authority gulags. My Colleagues, we must demand the Sara Zou. and the Clovis Planning Commission. immediate and unconditional release of Ri- The people behind the performers also de- Mr. Armstrong’s ability to stand up for what cardo Ramos Pereira and every political pris- serve a note of congratulations. They include is right and encourage others to do the same oner in totalitarian Cuba. Director of Music Gay Burton, Assistant Band is what has given him the continued, never f Directors Scott Spradling, Bryan Golden, April straying, support of the community. His history A TRIBUTE TO SGT. 1ST CLASS Oppenheim, and Steve Peterson, Dance & of involvement and knowledge has created an JAMES ‘‘JIM’’ S. OCHSNER Color Guard instructor Colleen Molnar, Sound environment for others to listen and learn. Technician Scott Preheim, and Percussion The leadership and commitment Mr. Arm- Specialist Derek Felix. Your hard work leading strong has shown for the community has HON. MIKE McINTYRE OF NORTH CAROLINA up to and throughout the season, planning the never wavered, nor his honor in service. He IN THE HOUSE OF REPRESENTATIVES program, scheduling practices, and leading the personifies a man of principle and integrity. I band at competitions have been rewarded am honored to express the gratitude the com- Thursday, November 17, 2005 through their accomplishment. Shirley Dyer munity has for Harry Armstrong and stand to Mr. MCINTYRE. Mr. Speaker, I rise today to also deserves a note of thanks for helping show our appreciation. pay tribute to Sgt. 1st Class James ‘‘Jim’’ S. make things run smoothly. f Ochsner of Hope Mills, North Carolina, for Mr. Speaker, as the parent of two teenagers serving his country valiantly with the 2nd Bat- myself, I would be remiss if I didn’t also ac- FREEDOM FOR RICARDO RAMOS talion, 3rd Special Forces Group (Airborne) at knowledge the parents that help the band run PEREIRA Fort Bragg, NC in Operation Enduring Free- efficiently. Your dedication to your children dom. On November 15, 2005, Sgt. 1st Class shows through on the field of competition in HON. LINCOLN DIAZ-BALART Ochsner sacrificed his life when an improvised their award-winning performance. OF FLORIDA explosive device was detonated while traveling Again, on behalf of very proud parents and IN THE HOUSE OF REPRESENTATIVES near Lawara, Afghanistan. He was coura- the citizens of the Second Congressional Dis- Thursday, November 17, 2005 geously serving his fourth tour of duty in Af- trict, I would like to congratulate the Concord ghanistan, and our prayers and heartfelt Marching Minutemen on their Class B State Mr. LINCOLN DIAZ-BALART of Florida. Mr. thanks go to his family in this time of grief. championship. Speaker, I rise today to speak about Ricardo At an early age, Jim had a desire to serve f Ramos Pereira, a political prisoner in totali- in the military. His father was a Green Beret tarian Cuba. who served two tours of duty in Vietnam. Jim CONGRATULATING HARRY Mr. Ramos Pereira is a member of the No- was proud of his father’s service and commit- ARMSTRONG vember 30 Democratic party and a member of ment and strived to be just like him. In 1987, the pro-democracy opposition in totalitarian he enlisted in the U.S. Army as an artilleryman HON. JIM COSTA Cuba. Unfortunately, those who believe that and served three years in Bamberg Germany OF CALIFORNIA freedom, liberty, and the right to worship are with the 2nd Battalion 14th Field Artillery. Jim IN THE HOUSE OF REPRESENTATIVES the birthright of all men and women are tar- later served in the 82nd Airborne and com- geted by the tyrant’s machinery of repression. pleted a tour in South Korea before serving as Thursday, November 17, 2005 According to an article for the Information a Special Forces Soldier. In 2004, he grad- Mr. COSTA. Mr. Speaker, I rise today to Bridge Cuba Miami (IBCM), Mr. Ramos Pe- uated from the Special Forces Operations and congratulate Clovis City Council member reira was arrested on January 25, 2002 for Intelligence Course and served as an intel- Harry Armstrong of Clovis, California for re- participating in a mass offered on behalf of all ligence specialist with the 2nd Battalion, 3rd ceiving the Rose Ann Vuich Ethical Leader- the political prisoners in Cuba. IBCM also re- Special Forces Group. ship Award. The Fresno Bee, The Fresno ports that on February 28, 2002, Mr. Ramos Jim is a highly decorated soldier, receiving Business Council and The Maddy Institute at Pereira was arrested for simply participating in the Bronze Star Medal with oak leaf cluster, California State University, Fresno sponsor a civic activity at the Catholic Church of the the Army Commendation Medal for valor, the this prestigious award. Passionists. More than 2 years later, in a Army Commendation Medal for service, the Harry Armstrong was born in Merced, Cali- sham trial, he was sentenced to 5 years in the Army Achievement Medal, the Good Conduct fornia. Upon graduation from Merced Union totalitarian gulag. Medal and the National Defense Service High School he joined the American Armed Let me be very clear, Mr. Ramos Pereira is Medal. In addition, he received the Afghani- Forces and fought in the Korean War. He is currently languishing in the depraved condi- stan Campaign Medal, the Global War on Ter- married to Jeanine and has three children: tions of the totalitarian gulag for his belief in rorism Medal, the Korean Defense Service Tom, an attorney; Jim a businessman; and, freedom. The U.S. State Department de- Medal, the NCO Professional Development Megan, a teacher. scribes the conditions in the gulag as, ‘‘harsh Ribbon, the Army Service Ribbon, the Over- The basic characteristics to be considered and life threatening.’’ The State Department seas Service Ribbon, the Kuwait Liberation as a candidate for the Rose Ann Vuich Ethical also reports that police and prison officials Medal (Saudi Arabia), the Kuwait Liberation Leadership Award are integrity, strength of beat, neglect, isolate, and deny medical treat- Medal (Kuwait), the Combat Infantryman character, exemplary ethical behavior, ability ment to detainees and prisoners. It is a crime Badge, the Expert Infantryman Badge, the to build consensus, serving the public interest of the highest order that people are impris- Parachutist Badge, the Air Assault Badge, the and vision for enhancing the community. Mr. oned in these nightmarish conditions simply Driver and Mechanic Badges, and the Special Armstrong embodies every one of these char- for their belief in democracy and freedom of Forces Tab. acteristics and has set a standard by which all religion. Jim loved his family, and he is survived by future public servants should use as a guide Mr. Ramos Pereira is one of the many he- his wife Ann, son Nicholas, and daughter in their own service to the community. roes of the peaceful Cuban democratic move- Megan, who heard from him often during his Harry Armstrong is noted as standing firm ment who are locked in the dungeons of the deployments. He is also survived by his par- against forces that would sweep aside the dictatorship for their beliefs. They are symbols ents, Robert and Sandra, of Beach Park, Illi- freedoms and ethics of our democratic form of of freedom and democracy who will always be nois, and his brother MSG Robert Ochsner II.

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.054 E18NOPT1 E2400 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 As a member of the U.S. Army, Jim dedi- and Water Committee, on which he served as Pastor Foreman’s lifelong commitment to cated his career to defending the values this chair for five years. service has been honored by many organiza- nation holds dear. By risking his life to ensure Vernon Conrad’s extensive efforts as an ad- tions, and I am delighted to offer my heartfelt the safety of others, John made the ultimate vocate of agriculture and the community have congratulations and gratitude to Pastor Kenny sacrifice. His valiant actions and steadfast earned him the respect and admiration of his Foreman on his 40th Ministry Anniversary at service remind us of the gratitude we feel to- colleagues. It is with great pleasure that I the Cathedral of Faith in San Jose, California ward him and all the other servicemen and stand today and congratulate Mr. Conrad for and to call Kenny Forman and Shirley friends. women who have lost their lives serving as all of his achievements, and thank him for his f guardians of this great country. John was in- commitment to our Valley. deed a man of courage and integrity. f HONORING CAPTAIN MICHAEL NOBLE Mr. Speaker, may the memory of Sgt. 1st A TRIBUTE TO PASTOR KENNY Class James ‘‘Jim’’ Ochsner live on in our FOREMAN hearts, and may God’s strength and peace be HON. KENNY MARCHANT with his family. HON. ZOE LOFGREN OF TEXAS f IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA CONGRATULATING MR. VERNON IN THE HOUSE OF REPRESENTATIVES Thursday, November 17, 2005 CONRAD Thursday, November 17, 2005 Mr. MARCHANT. Mr. Speaker, today I Ms. ZOE LOFGREN of California. Mr. would like to take the opportunity to honor HON. JIM COSTA Speaker, today I rise to recognize the achieve- Captain Michael Noble. Born into a military OF CALIFORNIA ments and life of Pastor Kenny Foreman. I’ve family in Dallas, Texas in 1977, Mike Noble IN THE HOUSE OF REPRESENTATIVES had the privilege of knowing Pastor Foreman has experienced much in his short lifetime. His father, MG William Noble (USA, retired) and Thursday, November 17, 2005 for many years, and can personally attest to his lasting legacy of achievement through self- mother, Imogene, are no strangers to serving Mr. COSTA. Mr. Speaker, I rise today to less ministry. His is the epitome of a life dedi- their country. William was a founding member congratulate Mr. Vernon Conrad of Reedley, cated to serving others. of the 101st Airborne and served the division California as the honored recipient of the Pastor Foreman has been in ministry for throughout World War II. Greater Fresno Area Chamber of Commerce over 50 years and has served as pastor of the Mike graduated from St. Mark’s High School ‘‘Agriculturist of the Year’’ award. Cathedral of Faith in San Jose, California for in 1997, and then went on to the University of The Greater Fresno Area Chamber of Com- 35 years. Originally from Crowley, Louisiana, Texas. He entered the Army ROTC program merce awards an individual who exemplifies he has built the Church from just a few mem- and graduated with honors in 1998. Upon re- leadership and integrity in the Central Valley’s bers to 10,000, offering over 70 vital ministries ceiving his commission he went into Military agricultural business community every year at to meet the needs of the community. Intelligence School and, subsequently, the their awards luncheon. This year the organiza- Born the youngest of three children to Han- Army Language Institute. After completing tion could not have chosen an individual who sel and Mabel Foreman in Crowley, Louisiana, jump school, Mike followed in his father’s foot- is more deserving of this prestigious honor. he was on the road ministering full-time as an steps and was assigned to the 902nd MI Mr. Conrad is a fourth generation Califor- evangelist by age 17. Pastor Foreman married group of the 101st Airborne, a special honor. nian and his family has deep roots in east Val- Shirley Lowry in 1957, who has been his part- Mike served with the NATO and U.N. ley agriculture; dating back to the late 1800s. ner in commitment to ministry. Later, they peace-keeping forces in Kosovo. On Sep- He is a lifelong resident of Fresno County as would be joined by their two sons, Ken and tember 11, 2001, Mike was working with a Reedley community member where he Kurt, who are also part of the Cathedral of NATO Command in Brussels. When he re- grows grapes and tree fruits. It is from this Faith team. ceived news of the terrorist attacks in New background that Vernon emerged as a re- In 1965 he came to San Jose as the Pastor York and Washington, D.C., he was imme- spected agriculturist in the community. His of The Friendly Bible Church, and soon after diately flown back to the United States, going leadership with the Fresno County Farm Bu- produced a weekly half-hour television pro- to work at the Pentagon while it was actually reau and Fresno County Board of Supervisors gram entitled, ‘‘Kenny Foreman Presents still on fire. He would not leave the building for sets the bar high for those who follow in his Abundant Living,’’ which was syndicated na- 17 days. foot steps. tionally. Today, Kenny Foreman is the only Most recently Mike was active in Afghani- Mr. Conrad served two terms as Fresno local minister and programmer who has re- stan and involved with the liberation of Iraq. County Farm Bureau President and during his mained on the air for 35 years. Throughout He was severely wounded on April 13, 2003 time with the Farm Bureau Mr. Conrad worked these years he has never received any in- and medically retired from the military. I am tirelessly to promote the Valley’s agriculture come for his television ministry; all financial proud to employ this two-time Purple Heart re- agenda on a national level. He traveled to support received is funneled back into the op- cipient as the military and veterans affairs liai- Washington, DC twice to testify before Con- erations of the ministry. son in my Irving office. His dedication to his gress on some of the Farm Bureau’s major It soon became evident from the growth that country is commendable; Mike Noble is a true issues, such as concerns over water and acre- the church would have to build. Thus, the Ca- American hero and an inspiration to us all. age. thedral of Faith, a sanctuary that would seat f His concerted efforts on policy and advo- nearly 3,000 people and its accompanying cacy eventually led Mr. Conrad down another support structures, was conceived in Pastor IN MEMORY OF MR. PAUL C. path of activism as a Fresno County Super- Foreman’s spirit. Eventually, the Grand Open- WHITE visor. As a three term board member, Vernon, ing of the Cathedral of Faith was celebrated tackled various county dilemmas with renewed on March 15, 1981. HON. JIM COSTA energy each time a new problem emerged. He Pastor Foreman and Cathedral of Faith OF CALIFORNIA focused on improving the efficiency of Fresno have an absolutely amazing record of commu- IN THE HOUSE OF REPRESENTATIVES County operations, dealt with funding chal- nity involvement. The work of the church has lenges and land use and zoning issues. exploded into over 70 active Ministries includ- Thursday, November 17, 2005 As if overcoming obstacles faced by the ing Reaching Out, a food assistance program Mr. COSTA. Mr. Speaker, I rise today to county and the farming community wasn’t which operates from a 16,000 foot distribution honor the memory of Mr. Paul C. White of enough, Vernon also found time to serve on complex serving 50,000 families annually, and Fresno, California. He is survived by his be- various committees and associations to work providing food for 200,000 people; California loved wife of 38 years Sheila White, their six actively with agriculture groups. He was a Youth Outreach, originally founded as Break- children: Paul II, Crystal, LaShelly, JePahl, board member of the Alta Irrigation District, out Prison Outreach in 1982 in order to meet Brandon, and Bryson, and his five grand- Kings River Conservation District, Regional the needs of young men and women that had children; Paul III, Asia, Kennedy, Darion, and Water Quality Control Board and the Kings fallen prey to gangs and drugs, it also serves Jaylin. River Water Association. Through his work on the Mayor’s gang task force; and Chap- As a past Assistant Executive Director for with these organizations, Mr. Conrad earned a laincy Ministry a program consisting of over the Fresno County Economic Opportunities seat representing California on the American 200 trained Chaplains who visit rest homes Commission, Paul is remembered by all who Farm Bureau Federation’s Natural Resources and convalescent hospitals each week. knew him for his commendable service to the

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.057 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2401 community, his love for his family and his CONGRESSIONAL TRIBUTE TO disability claim to receive veterans benefits. commitment to advance and strengthen the SERGEANT DENNIS KOZIKOWSKI Noting the challenges veterans face upon re- health care and social issues that impact im- turn from Vietnam, Sgt. Kozikowski under- poverished people so often overlooked. Paul HON. BART STUPAK stood that he had a knack for reaching out to was unwilling to look the other way, and it is OF MICHIGAN veterans to help them understand that re- sources were available to assist their needs. for his unrelenting efforts that we celebrate his IN THE HOUSE OF REPRESENTATIVES From that one incident, Sgt. Kozikowski began life. Thursday, November 17, 2005 a decade of advocacy on behalf of veterans Mr. White learned from personal experience Mr. STUPAK. Mr. Speaker, I rise today to on a variety of issues. As a member of the what certain sacrifices economically disadvan- pay tribute to an outstanding member of the Veterans of Foreign Wars (VFW) Post 1887 taged people are forced to make. He was born Menominee County Sheriff’s Department, Ser- and a lifetime member of the Disabled Amer- in Oklahoma City in 1947 as one of six chil- geant Dennis Kozikowski. This year, Sgt. ican Veterans (DAV) Chapter 25 serving as dren, raised by their mother in a house without Kozikowski retired as the Road Patrol Ser- the Legislative Chair, Sgt. Kozikowski works to geant for the Menominee County Sheriff’s De- promote veteran rights for better benefits. running water or electricity. Paul’s mother partment. During his retirement, he plans to This year, Sgt. Kozikowski was forced to re- passed on when he was 11 and his grand- continue another passion of his—working to tire early due to a spinal injury that has made parents raised all six children in Fresno. promote veteran rights. Sgt. Kozikowski’s 30 his challenging work in law enforcement nearly Not to be overcome by tragedy, Paul grad- years as a law enforcement officer and his impossible. A testament to his dedication to uated from Edison High School in 1962 as a leadership for veteran causes stands as a public service, he will tell you that this day star basketball player and school leader. He shining example to us all. came far too soon as he is sure he could immediately began his college career at Fres- Born to John and Lillian Kozikowski in Me- serve for another 30 years easily. However, nominee, Michigan, Sgt. Kozikowski graduated Sgt. Kozikowski looks forward to spending ad- no City College, where he received his Asso- from Menominee High School in 1965. He im- ditional time with his two sons, John and Joe, ciate in Arts degree in 1968. Dedicated to mediately joined the Army and requested to who have followed valiantly in their father’s being better equipped in life, Paul furthered serve in the Vietnam War. After completing his footsteps; John as a member of the 82nd Air- his education at California State University, basic training at Fort Leonard Wood in Mis- borne during Desert Storm; and Joe as a Car- Fresno where he received his Bachelor of Arts souri, Sgt. Kozikowski spent time serving at ney-Nadeau Volunteer Fire Department and a in Public Administration and his Masters in posts in Alabama and California before receiv- member of the Menominee County Rescue Public Administration. ing his orders to serve in Vietnam. Squad. Sgt. Kozikowski also looks forward to spending time with his two granddaughters, Paul always made sure everyone around Sgt. Kozikowski’s 15-month tour in Vietnam impacted him in a way that changed his life. Kaitlin and Hanna, as well as a new grand- him appreciated the many wonders life had to Sgt. Kozikowski earned the Army Commenda- child on the way! offer. In January of 1983, Paul had complete tion Medal, two Air Medals with ‘‘V’’ Devices Although Sgt. Kozikowski’s career with the kidney failure. In 1986 his then 14-year-old for Valor Under Fire, Air Medals with 19 Oak Menominee County Sheriffs Department has daughter LaShelly had complete kidney failure Leaf Clusters because of 2000 aerial combat ended, he will continue to serve the public as as well. That same year, both Paul and hours, Medal of Good Conduct, and medals a true advocate for veteran rights. In fact, he LaShelly received a kidney transplant from the awarded by the Republic of Vietnam including is currently lobbying Congress to support leg- same donor. To think of the generosity of the Vietnam Cross of Gallantry with a Bronze islation to provide mandatory funding for vet- strangers during their time of loss, was very Star, the Vietnam National Defense Ribbon erans health care. He has also been encour- humbling to the family. Paul and his loved and Vietnam Campaign Medal. Even as a aging the members of veterans’ organizations ones endured incredible health hardships, decorated soldier, Sgt. Kozikowski recalls to write letters to Congress urging their sup- port. which allowed for his appreciation of life to struggling to adjust upon his return. Although this transition served as a challenging time in On a personal note, Mr. Speaker, as a grow and be passed on to the many lives he his life, he credits this ability to eventually ad- former Michigan State Police Trooper myself, touched. Paul’s family triumphed over dialysis just back to civilian life as an experience that I have had the pleasure of knowing Sgt. as well as kidney transplants making their ties enabled him reach out to other veterans. Kozikowski over the years. As a resident of even stronger with each other. Sgt. Kozikowski found his calling in 1975 Menominee County, I have always trusted his Mr. White has served the Fresno community under the direction of colleague and mentor dedicated service to the people of our commu- for over 30 years. His record of community Sheriff Dean R. Burns. Sheriff Burns urged nity. I am also comforted to know that such a powerful advocate is working to strengthen service is quite long and includes membership Dennis Kozikowski to consider law enforce- veteran’s legislation for our men and women in many different organizations. He was a ment as a career based on his expert military training and courage under fire. Sgt. of past and present wars. member of the United Network for Organ Kozikowski joined the Menominee County Mr. Speaker, I ask the House of Represent- Sharing, Minority Affairs Committee, California Sheriffs Department where he would spend atives to join me in thanking Sergeant Dennis Donor Transplant Network, California Depart- the next 30 years in skilled positions such as Kozikowski for his 30 years of service to the ment of Health Services and Leadership Com- the Marine Patrol, a Department Diver, Snow people of the State of Michigan and in wishing mittee for the Black Infant Health Project. Paul Patrol, and with Marine Safety. Sgt. him well in his retirement endeavors. His com- was on the Board of Directors for West Fresno Kozikowski received many letters of com- mitment to community and to justice has been Health Care Coalition, Inc, the Marjaree mendation for critical incidents he handled a model of public service. Dennis will be Mason Center and the Boy Scouts of America. while a member of the Sheriffs Department. missed by the members of the Menominee When asked to talk about his brave deeds County Sheriff’s Department and the people His contributions have not gone unnoticed; during his service with the Sheriffs Depart- he so competently and bravely served. some of his most notable awards include the ment, Sgt. Kozikowski humbly recalls a story f Fresno Metro Ministry Award for ‘‘Living Out of a Vietnam Veteran who had become frus- the Values of Justice in our Community,’’ CONGRATULATING DR. NOEL trated with his inability to adjust to civilian life. SMITH State of California Lieutenant Governor Cruz The man went into a local bar and began M. Bustamante, ‘‘Commendation,’’ California shooting. Although the patrons inside were not State Senate and Assembly ‘‘Certificate of injured, emergency response units concluded HON. JIM COSTA OF CALIFORNIA Recognition,’’ California Transplant Donor Net- that force would be necessary to remove the IN THE HOUSE OF REPRESENTATIVES work ‘‘Excellence Award,’’ and United Black armed man. Sgt. Kozikowski bravely entered Thursday, November 17, 2005 Men of Fresno ‘‘President’s Award’’ and ‘‘Cer- the building, disarmed the man and took him tificate of Appreciation.’’ into custody peacefully. Mr. COSTA. Mr. Speaker, I rise today to Sgt. Kozikowski said that he was successful congratulate Dr. Noel Smith of Fresno, Cali- It goes without saying that Mr. Paul White in communicating with the frustrated veteran fornia as the honored recipient of the Commu- was a positive influence in this community. His because he could relate to him. Sgt. nity Health Champion Award from West Fres- commitment to help those in need will forever Kozikowski not only used that common factor no Health Care Coalition. live on in the lives of the people he so gra- to help talk him out of the threatening incident, Dr. Noel Smith has been an outstanding ciously touched. but after the fact he helped the veteran file a contributor in the Fresno community for the

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.061 E18NOPT1 E2402 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 past 50 years and found a place in the hearts mory in the United States. In fact, the armory the first step towards ensuring the preserva- of all who know him. was founded in 1777, when the site was se- tion of a site, which has played so vital a role Noel was born in La Brea, Trinidad in the lected as the location for laboratory special- in America’s history. West Indies. He attended Howard University in izing in the development, production and stor- f Washington, DC, where he received both his age of guns and powder during the American Bachelor’s and Medical Degree. He was a Revolution. INTRODUCING WE THE PEOPLE Magna Cum Laude graduate and a member of Following the American Revolutionary War, the Honor Society. in 1794, Congress officially established the HON. RON PAUL His professional desire to reside in the State Springfield Armory. George Washington visited OF TEXAS of California and his ambition to train in a pub- the site, which was also the site of Shay’s Re- IN THE HOUSE OF REPRESENTATIVES lic hospital led him to Fresno in 1951 where bellion. Physically, the Armory abuts Spring- Thursday, November 17, 2005 he interned at Fresno’s University Medical field’s historic State Street, the city’s main Center. east-west thoroughfare, which was Ben Frank- Mr. PAUL. Mr. Speaker, I rise to introduce After Dr. Noel Smith completed his intern- lin’s famed mail route. For much of the 19th the We the People Act. The We the People ship, he completed his residency at the Uni- century, the Springfield Armory developed, Act forbids Federal courts, including the Su- versity Medical Center in Obstetrics-gyne- manufactured and supplied most of the small preme Court, from adjudicating cases con- cology. Although he joined the private sector arms used by the United States armed serv- cerning State laws and polices relating to reli- in 1958, Noel never stopped giving back to his ices. The Springfield Armory National Historic gious liberties or ‘‘privacy,’’ including cases in- community. He has been an active member Site has a rich heritage that is an integral part volving sexual practices, sexual orientation or on various committees such as the Super- of our nation’s history. reproduction. The We the People Act also pro- visors Minority Adoption Committee, Model In 1968, the Armory was deactivated as a tects the traditional definition of marriage from Cities Board Committee and Mayors Bi-Racial military installation and in 1974, Congress es- judicial activism by ensuring the Supreme Committee. tablished the National Historic Site. The Na- Court cannot abuse the equal protection Dr. Noel Smith has received many honors tional Park Service has operated the Armory clause to redefine marriage. In order to hold for his extraordinary public service to the com- Museum on these grounds, and it houses the Federal judges accountable for abusing their munity of Fresno. The 1990 Health Award most outstanding and historically significant powers, the act also provides that a judge who from the NAACP Fresno Board, Portraits of arms collection in the country. violates the act’s limitations on judicial power Success Award from KSEE channel 24, the The future and fate of both the Armory Mu- shall either be impeached by Congress or re- United Black Men Apple Award and the Edu- seum and Springfield Technical Community moved by the President, according to rules es- cation from the Black Men United are just a College are inextricably linked. Many of the tablished by the Congress. few of the honors he has received historic buildings on the site are actually lo- The United States Constitution gives Con- Dr. Smith understands the power of edu- cated on the college’s property, not on Na- gress the authority to establish and limit the cation; for this reason he and his wife have tional Park Service land, although a visitor to jurisdiction of the lower Federal courts and made considerable educational contributions the campus would not be able to tell where limit the jurisdiction of the Supreme Court. The to the community. They founded the Children- NPS property ends and college property be- Founders intended Congress to use this au- A-Go-Go at Carver Middle School in Fresno, gins. This land outside the portion of the site thority to correct abuses of power by the fed- ‘‘Young Men and Young Women of Tomor- administered by NPS is known as the ‘‘Preser- eral judiciary. row’’ at Bethune Elementary School of Fresno vation Control Area.’’ These college-owned Some may claim that an activist judiciary and made various presentations at local High buildings are subject to strict architectural and that strikes down State laws at will expands Schools on ‘‘Developmental Education.’’ preservation rules. Many of these historic individual liberty. Proponents of this claim We could go on and on about the remark- buildings owned by the college must be pre- overlook the fact that the best guarantor of able contributions that Dr. Noel Smith has served and maintained pursuant to standards true liberty is decentralized political institu- made to his grateful community. He is loved defined by the Secretary of the Interior. But tions, while the greatest threat to liberty is by family and friends, appreciated by his pa- these historic buildings are in a state of great concentrated power. This is why the Constitu- tients and admired by his colleagues. It is with disrepair and the college cannot easily move tion carefully limits the power of the Federal great pleasure that I stand today and con- to maintain and preserve them absent the full Government over the States. gratulate Dr. Noel Smith for all of his achieve- participation of the Park Service. Not only In recent years, we have seen numerous ments. does this deterioration of the facilities hurt the abuses of power by Federal courts. Federal f college, but also undermines the judges regularly strike down State and local COLLABORATIVE AGREEMENT BE- attractiveness of the National Park Service laws on subjects such as religious liberty, sex- TWEEN THE NATIONAL PARK area, including the Armory Museum. ual orientation, family relations, education, and SERVICE AND SPRINGFIELD My legislation seeks to recognize and up- abortion. This government by Federal judiciary TECHNICAL COMMUNITY COL- date the partnership that has existed over causes a virtual nullification of the Tenth LEGE these many years between the Park Service Amendment’s limitations on Federal power. and the college by authorizing the Park Serv- Furthermore, when Federal judges impose ice to enter into a cooperative agreement with their preferred polices on State and local gov- HON. RICHARD E. NEAL the Commonwealth. It allows for the National ernments, instead of respecting the polices OF MASSACHUSETTS Park Service to provide financial assistance to adopted by those elected by, and thus ac- IN THE HOUSE OF REPRESENTATIVES the College for the purpose of maintaining, countable to, the people, republican govern- Thursday, November 17, 2005 preserving, renovating and rehabilitating the ment is threatened. Article IV, section 40 of Mr. NEAL of Massachusetts. Mr. Speaker, I many historic structures within the Springfield the Untied States Constitution guarantees am introducing legislation today authorizing Armory National Historic Site. The Park Serv- each State a republican form of government the National Park Service to enter into a coop- ice frequently enters into such cooperative Thus, Congress must act when the executive erative agreement with the Commonwealth of agreements where the object of the agree- or judicial branch threatens the republican Massachusetts on behalf of Springfield Tech- ment is of direct benefit to the Park Service governments of the individual States. There- nical Community College. Over 30 years ago, and its mission, or for other public purposes. fore, Congress has a responsibility to stop in 1974, my predecessor, Congressman Ed- If these great historic buildings on the site can Federal judges from running roughshod over ward Boland, and Senator EDWARD KENNEDY be renovated with the assistance of the Park State and local laws. The Founders would cer- were successful in creating the Springfield Ar- Service, it will bring forward a more vibrant tainly have supported congressional action to mory National Historic Site. This legislation set and attractive Historic Site and Museum. The reign in Federal judges who tell citizens where in motion three decades of cooperation be- Park Service and the college will be able to they can and can’t place manger scenes at tween the National Park Service, which man- partner on many joint educational ventures Christmas. ages the Armory Museum, and Springfield that utilize these revitalized historic facilities. Mr. Speaker, even some supporters of liber- Technical Community College. The Park Serv- The Springfield Armory National Historic alized abortion laws have admitted that the ice and the college are neighbors that together Site is a treasure to the city of Springfield, the Supreme Court’s Roe v. Wade decision, which occupy the National Historic Site. Commonwealth of Massachusetts and to the overturned the abortion laws of all 50 States, Let me tell you a little bit about this site. The Nation. The site is in desperate need of ren- is flawed. The Supreme Court’s Establishment Springfield Armory was the first national ar- ovation, and enactment of this legislation is Clause jurisdiction has also drawn criticism

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.064 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2403 from across the political spectrum. Perhaps school quickly adapted to their new star stu- STATEMENT ON THE LOSS OF more importantly, attempts to resolve, by judi- dent by providing him with an advanced edu- LANCE CORPORAL NICKOLAS D. cial fiat, important issues like abortion and the cation. Edward graduated from high school at SCHIAVONI expression of religious belief in the public the age of 17 and was forced to take a year square increase social strife and conflict The off before attending college. However, never HON. JAMES R. LANGEVIN only way to resolve controversial social issues deterred, he resumed his academic career OF RHODE ISLAND like abortion and school prayer is to restore and attended the University of Illinois. Ever the IN THE HOUSE OF REPRESENTATIVES respect for the right of State and local govern- steadfast student, he worked to put himself ments to adopt polices that reflect the beliefs through college and graduated to attend Friday, November 18, 2005 of the citizens of those jurisdictions. I would Mehary Medical School. He completed his Mr. LANGEVIN. Mr. Speaker, it is with pro- remind my colleagues and the Federal judici- medical internship at Harlem Hospital in New found sorrow that I rise to recognize the death ary that, under our Constitutional system, York and his residency at Tuskegee Veterans of LCpl Nickolas D. Schiavoni—a brave Ma- there is no reason why the people of New Hospital in Alabama. Dr. Mosley also spent rine who served with dignity and honor in Iraq. York and the people of Texas should have the two years in the United States Army where he I join his family and the people of Rhode Is- same polices regarding issues such as mar- was in charge of a prisoner of war camp in land in mourning this great loss. riage and school prayer. Korea. On Tuesday, November 15, Lance Corporal Unless Congress acts, a State’s authority to It was the desire to live in California that ini- Schiavoni was killed by a suicide bomber near define and regulate marriage may be the next tially brought Edward to Fresno. He estab- Karmah, Iraq, while conducting combat oper- victim of activist judges. After all, such a deci- lished a medical office in the private sector ations with his unit. He served with the 2nd sion would simply take the Supreme Court’s and eventually collaborated with other doctors Battalion, Second Marine Regiment, 2nd Ma- decision in the Lawrence case, which over- in the community to create the Westview Con- rine Division, II Marine Expeditionary Force, turned all State sodomy laws, to its logical valescent Hospital in Fresno. In recognition of out of Camp Lejeune, North Carolina. Lance conclusion. Congress must launch a preemp- Edward’s accomplishments, he was the first Corporal Schiavoni, age 26, was raised in Ha- tive strike against any further Federal usurpa- African American elected official in Fresno verhill, Massachusetts; his mother, Stephany tion of the States’ authority to regulate mar- when he was elected to serve on the State Kern, resides in Westerly, Rhode Island. This riage by removing issues concerning the defi- Community College Board of Trustees. Ed- was Lance Corporal Schiavoni’s second tour nition of marriage from the jurisdiction of Fed- ward also served on many other boards in the of duty in Iraq. He joined the Marines after eral courts. community in efforts to advance the San Joa- meeting his wife, Gina Howe Schiavoni, who Although marriage is licensed and otherwise quin Valley. now lives with their two children, Marissa, 5, regulated by the States, government did not and Alex, 3, in North Carolina. create the institution of marriage. Government Dr. Mosley has an impressive resume´ that Lance Corporal Schiavoni’s service as a regulation of marriage is based on State rec- details his extensive professional career; how- Marine demonstrates his commitment to our ognition of the practices and customs formu- ever, it has been his outstanding devotion to nation’s freedom. He was awarded a Purple lated by private individuals interacting in civil community service and contributions to the Heart during his first tour of duty and died institutions, such as churches and syna- medical community of Fresno for which he is supporting a fellow member of his unit in an gogues. Having Federal officials, whether being honored now. He has received many investigation of a suspicious vehicle. The hu- judges, bureaucrats, or congressmen, impose honors and recognitions, including being a mility, dedication and courage that helped him a new definition of marriage on the people is Delegate to the Presidential Electoral College to flourish in the service are also visible in his an act of social engineering profoundly hostile appointed by Governor Reagan in 1972, and life at home—those who knew him well high- to liberty. being named honorary Mayor of Fresno for light the deep reverence he held for his wife It is long past time that Congress exercises Contributions to the Community. and family. its authority to protect the republican govern- It is a tremendous honor to stand today and His loss causes us to reflect on the bravery ment of the States from out-of-control Federal publicly recognize Dr. Edward Mosley for all of demonstrated by our men and women in uni- judges. Therefore, I urge my colleagues to co- his contributions to the community. It is a privi- form as they carry out their obligations in the sponsor the We the People Act. lege to extend congratulations to Dr. Mosley face of danger. When their nation called them f on behalf of the 20th District of California. to duty to preserve freedom, liberty and the security of their neighbors, they answered CONGRATULATING DR. EDWARD R. f without hesitation. We remember those who MOSLEY have fallen not only as soldiers, sailors, air- CONFERENCE REPORT ON H.R. 2528, men and marines, but also as patriots who HON. JIM COSTA MILITARY QUALITY OF LIFE made the ultimate sacrifice for their country. OF CALIFORNIA AND VETERANS AFFAIRS AP- May we keep their loved ones in our thoughts IN THE HOUSE OF REPRESENTATIVES PROPRIATIONS ACT, 2006 and prayers as they struggle to endure this Thursday, November 17, 2005 difficult period and mourn the heroes America has lost. Mr. COSTA. Mr. Speaker, I rise today to SPEECH OF We will continue to hope for the safe and congratulate Dr. Edward R. Mosley of Fresno, speedy return of all of our troops serving as the honored recipient of the Community HON. EARL BLUMENAUER throughout the world. Health Champion Award from West Fresno OF OREGON f Health Care Coalition. The life of Dr. Edward Mosley has been ex- IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF THE H. E. traordinary in every aspect. He has broken Thursday, November 17, 2005 DOUGLAS, SR. MEMORIAL NEW barriers, opened doors and won the hearts of SHOES FOR LITTLE FEET FOUN- all who know him. Mr. BLUMENAUER. Mr. Speaker, I support DATION Dr. Mosley was born in Chicago, Illinois in this bill which contains critical funding for Or- 1924. He grew up in a time where his skin egon veterans and their health programs. In HON. MICHAEL C. BURGESS color was the determining factor for his career addition, this bill contains funding for the OF TEXAS goals. However, Edward continued on in his BRAC process and military construction and IN THE HOUSE OF REPRESENTATIVES quest to reform the outlook of many African housing that are important for Department of Americans in the Nation. He is truly a revolu- Defense efficiency and quality of life. I am dis- Friday, November 18, 2005 tionary in this regard and has not slowed appointed that this conference report cut funds Mr. BURGESS. Mr. Speaker, I rise today to down since. from the BRAC 1990 Account which is used to honor Dale Douglas and New Shoes for Little Education has been a primary focus of Dr. clean up unexploded ordnance and other con- Feet Foundation. The New Shoes for Little Mosley since the age of 4 when he begged tamination on closed military bases from a Feet Foundation collects and distributes new his grandmother to teach his how to read. He House-passed $378 million to $255 million. I shoes to needy children within the community began school at age 6 and immediately ex- will continue to work with Congress to ensure of The Colony, Texas. celled in all subjects. He became the ‘‘talk of the military cleans up after itself and returns The H. E. Douglas, Sr. Memorial New the town’’ because of his intelligence. His sites to productive use. Shoes for Little Feet Foundation was founded

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A17NO8.067 E18NOPT1 E2404 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 by Dale Douglas and his wife. The idea for the congratulations as this year’s recipient of the I am relieved to see that the Conference foundation stemmed from the experience of Fred F. Holmes award. Committee did not eliminate funding for valu- Douglas’ father, H. E. Douglas, Sr., who was f able for HUD programs such as Community a poor fieldworker who did not own a new pair Development Block Grants and the HOPE VI of shoes until he was sixteen years old. HONORING THE LIFE AND LEGACY program. I am concerned, however, that many Nine years ago, Dale and his wife decided OF PASTOR ADRIAN ROGERS of these programs continue to be under- to turn their annual Christmas party into a cat- funded. The many individuals and families dis- alyst for community service by asking their HON. MARSHA BLACKBURN placed by Hurricanes Katrina and Rita will in- guests to bring a new pair of shoes to give to OF TENNESSEE crease demand for these valuable programs. needy children within the community. The ef- IN THE HOUSE OF REPRESENTATIVES Despite these faults, the bill will fund impor- fort continued to grow with each subsequent Friday, November 18, 2005 tant infrastructure improvements, create jobs, year and has challenged an entire community. Mrs. BLACKBURN. Mr. Speaker, the Lord and make our communities safer, healthier The New Shoes for Little Feet Foundation knew what he was doing when he sent us and more economically secure. works with area schools to collect the correct Adrian Rogers. And we’re so very thankful for f shoe sizes of needy students so that they can that gift. DEFICIT REDUCTION ACT OF 2005 be matched with the right pair of shoes. The Dr. Rogers lived a life of service. He lived foundation has also partnered with The Colony a life of grace. And we cannot help but be in- SPEECH OF Police Department to increase its outreach. spired by his accomplishments. For 32 years Last year, the organization collected and dis- he preached a message of love, hope, and HON. JAMES R. LANGEVIN tributed 377 new pairs of shoes to area salvation. His inspirational leadership was on OF RHODE ISLAND schoolchildren. display each Sunday as anyone of the 30,000 IN THE HOUSE OF REPRESENTATIVES It is with great honor that I stand here today Bellevue Baptist Church members can tell Thursday, November 17, 2005 to recognize the H. E. Douglas, Sr. Memorial you. Mr. LANGEVIN. Mr. Speaker, today I rise in New Shoes for Little Feet Foundation. It is the Dr. Rogers not only reached out into his dedication that is personified by this organiza- strong opposition to H.R. 4241, the Reconcili- community, he reached out across America ation Spending Cuts. This bill attempts to re- tion that makes us certain that the future is and this world to spread God’s message. His bright for our nation and for our communities. duce the Republican-created budget deficit on years at Bellevue spreading the Word to mil- the backs of those who can least afford it. f lions through his Love Worth Finding ministry H.R. 4241 does not reflect the values of THE FRED F. HOLMES AWARD and his leadership of the Southern Baptist Rhode Islanders and it takes from the poor to Convention will be remembered in the lives he give tax cuts to the rich. As early as tomorrow, changed and the example he set. the same people who are voting to cut Med- HON. JAMES P. McGOVERN He was a great, great shepherd and a hum- icaid, student loans, and food stamps will offer OF MASSACHUSETTS ble servant. $57 billion in additional tax cuts for the richest IN THE HOUSE OF REPRESENTATIVES Regardless of the titles and leadership posi- Americans. tions, we all know that Pastor Rogers was Friday, November 18, 2005 While Republicans claim this bill is nec- most proud to be a loving husband, father, Mr. MCGOVERN. Mr. Speaker, the Fred F. essary to offset the costs incurred by Hurri- and grandfather. On this day our prayers are Holmes award was established by the Vet- cane Katrina, their actions do not match their with his family whom he loved so much. We erans’ Council of North Attleboro, Massachu- words. Months before Hurricane Katrina thank the Rogers family for sharing him with setts, to recognize individuals who have had a struck, Republicans in the House voted for a us for all these years. budget that cut $15 billion more than the bill positive effect on the lives of local veterans. We will miss Pastor Rogers but we are we are voting on today. The programs the Re- On November 11, 2005, Veterans Day, it was grateful for his life. I rise today to mark the publicans are attempting to cut, like Medicaid my great pleasure to attend a ceremony hon- passing and recognize the service of a be- and food stamps, are the very programs that oring this year’s recipient of the Holmes loved Tennessean. award, Mr. Joseph K. ‘‘Joey Irish’’ Clougherty. benefit those who have been affected by the Mr. Clougherty was born in Brookline, Mas- f hurricanes. Not a single dollar cut in H.R. sachusetts, in 1948. His family settled in CONFERENCE REPORT ON H.R. 3058 4241 will actually go towards offsetting hurri- South Boston, where he graduated from high cane costs and reducing the deficit. Instead, school in 1966. SPEECH OF today’s cuts will fund the upcoming tax cut, Mr. Clougherty enlisted in the United States HON. EARL BLUMENAUER but in typical Republican fashion, the spending Army in May 1967, and arrived in Vietnam OF OREGON cuts won’t even cover the entire cost of the later that November. Mr. Clougherty spent a tax cuts they have planned. IN THE HOUSE OF REPRESENTATIVES year in Vietnam as part of the 5th Light Equip- While I am disappointed that we are voting ment Maintenance Company Long Binh and Thursday, November 17, 2005 on this bill at all, I am especially upset by a Headquarters Co. 185th Heavy Equipment Mr. BLUMENAUER. Mr. Speaker, I support few specific provisions. First, this budget rec- Maintenance Battalion. After extending his the Conference Committee Report on the onciliation will have a devastating impact on stay in Vietnam for a total of twenty months, Transportation, Treasury, HUD, Judiciary Ap- millions of low-income seniors, children, and Mr. Clougherty returned to make his home in propriations Act 2006, which provides essen- people with disabilities across the country. Dorchester, Massachusetts. tial funding for important infrastructure projects This bill proposes billions in cuts to Medicaid, Mr. Clougherty spent ten years of service in in Oregon and the rest of the nation. The bill and Rhode Island alone will lose more than the City of Boston Department of Public Works provides $18 million to complete the Interstate $66 million. Ultimately, these cuts are paid for and Fire Department before eventually settling MAX light rail project, which has been an in- by raising prices for those on Medicaid. Im- down in North Attleboro. Since 1995, Joe has credible success in North Portland. Addition- posing cost sharing requirements on people served as the North Attleboro Assistant Vet- ally, $15 million for a commuter rail project be- who simply can’t afford them will not save erans Agent, solving problems for the entire tween. Wilsonville and Beaverton will provide money. Instead, these cuts will result in pa- veteran community and their families. further transportation alternatives in the region tients waiting longer to seek care, longer lines Those who know Joe know he is a man of and anchor important development projects in in our emergency rooms, and greater burdens great compassion and loyalty, with an endless each of these suburban cities. on doctors and hospitals, who will struggle to capacity for assisting those in need. This dedi- I was heartened to see the $1.3 billion set provide for this population. In the end, we will cation is exemplified by the tremendous coun- aside for Amtrak. I am concerned, however, all pay for this mistake in some form. The seling and supportive services he has pro- that the bill separates Amtrak’s operations Medicaid program provides access to health vided to the over 2,200 veterans of North At- funding from its capital funding, essentially al- services for more than 51 million Americans— tleboro over the past decade. lowing the Department of Transportation to most of whom are among the most vulnerable The citizens of North Attleboro, and espe- serve as a steward for Amtrak’s capital members of our society. Now is the time to cially its veterans, are fortunate to have a per- money, handing out grants for approved strengthen America’s safety net, not weaken it son like Joe Clougherty in their midst. I know projects. I am wary of this being yet another with arbitrary and harmful cuts. all my colleagues will join me in offering Mr. attempt by the administration to dismantle I am also appalled by the message this bill Clougherty our deep gratitude and heartfelt America’s passenger rail system. sends to the millions of American students

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.003 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2405 who rely on financial aid and federal student Vietnam Veterans Memorial, while the infor- Their deeds placed them among the elite loan programs to gain access to higher edu- mation center serves as a venue for people to few in American history—in world history. cation. By cutting spending on student loan learn about friends and loved ones lost in the As Tennesseans, we know the separation programs by more than $10 billion, we are re- war. has been rough and the days have seemed neging on a commitment to these young It is with great honor that I stand here today longer with them so far from us. Americans. At a time when college costs are to recognize The Colony for hosting The Wall Their return has answered our prayers and rising faster than inflation, the bill proposes the That Heals. I am proud to represent a city we’re so glad to have them back where they largest cut in the history of the student loan dedicated to promoting education about the belong. programs. impact of the Vietnam War. We are proud of the brave and noble thing Food stamps are an important layer of pro- f they have done for us, and for our country. tection to ensure the very poor are able to And we can’t thank them enough. We will feed themselves and their families, the most HONORING THE LIFE OF JOHN LEE never forget those 10 among them who aren’t basic necessity. However, today’s bill will re- returning, those 10 who made the ultimate duce food stamp assistance by approximately HON. JAMES P. McGOVERN sacrifice. They will live on in the freedom $800 million over five years, and more than OF MASSACHUSETTS they’ve helped preserve. Their families and 200,000 people will lose their eligibility. IN THE HOUSE OF REPRESENTATIVES friends are in our thoughts and prayers. I am pleased to see that Republicans have Friday, November 18, 2005 From a grateful, grateful Nation we salute removed the provision permitting drilling for oil them, and we salute their families. Mr. MCGOVERN. Mr. Speaker, I rise today in the Arctic National Wildlife Refuge. How- God Bless America and our 278th. to note with sadness the passing of John Lee ever, this was not a response to the public’s f of Attleboro, MA. Mr. Lee died on October 22 overwhelming opposition to ruining this pristine at the age of 85. NORTH AMERICAN POLLINATOR wilderness area. Rather, it is a cynical ploy to John Lee was an academic and athletic star PROTECTION CAMPAIGN gain a few votes from Members who would at Attleboro High School and later at Provi- not otherwise vote for this bill. dence College. After serving his country in I have outlined only a few of the many rea- HON. EARL BLUMENAUER World War II as a captain in the Army Air OF OREGON sons every Member should oppose this legis- Corps, he returned home to establish a suc- IN THE HOUSE OF REPRESENTATIVES lation. So many of its other cuts would have cessful, 53-year law practice. A towering pillar negative impacts on our communities, such as Friday, November 18, 2005 of his community, John Lee served as Attle- reduced child support enforcement, which boro city solicitor, legal counsel to the towns Mr. BLUMENAUER. Mr. Speaker, I would means more than $50 million in lower pay- of Plainville and West Bridgewater and the like to thank certain organizations and individ- ments for Rhode Island’s single parents. Norton, Foxboro and Seekonk School Depart- uals for their outstanding work on the impor- If Republicans want a balanced budget, ments. He also served as a member of the At- tant, but often overlooked, issue of pollinators. which this bill does not even begin to provide, tleboro School Committee. As you know, pollinators are vital to food and they should learn from the past and reinstate As Plainville Selectwoman Andrea Soucy re- medicine production, and their irreplaceable what works: PAYGO budget rules and respon- cently said, Mr. Lee was not only a brilliant ecosystem services and declining populations sible tax and spending policies. Together, lawyer, but also a person of the highest char- merit attention and protection. America can do better. We should be working acter. ‘‘He had tremendous integrity. He had I am happy to say that significant progress together to address true priorities, like access the highest of ethics. He was very, very spe- is being made. On October 21, the North to health care and soaring energy prices. I cial,’’ Ms. Soucy said. American Pollinator Protection Campaign, urge my colleagues to reject this travesty and In addition to his beloved wife Muriel, Mr. NAPPC, signed a joint memorandum of under- instead focus on meaningful deficit reduction Lee is survived by 7 of his children and 16 standing with the U.S. Fish and Wildlife Serv- based on fairness and shared sacrifice. grandchildren. Mr. Lee could always be seen ice. The agreement proposes protecting polli- f at his grandchildren’s games and activities. nators on the nearly 100 million acres of habi- tat over which the Fish and Wildlife Service IN RECOGNITION OF THE COLONY, John Lee represented the very best of citi- zenship, honor and integrity. I know that all of has jurisdiction. These lands, combined with TX, FOR HOSTING THE WALL another 200 million acres protected by the THAT HEALS EXHIBIT my colleagues in the House join me in send- ing our condolences to Muriel, the entire Lee U.S. Forest Service, attest to the growing mo- family and all of those who knew and loved mentum behind this issue. HON. MICHAEL C. BURGESS him. The successes of these organizations are OF TEXAS impressive and encouraging, as is the dedica- f IN THE HOUSE OF REPRESENTATIVES tion of certain individuals. On October 20, four Friday, November 18, 2005 HONORING THE 278TH REGI- such individuals were awarded the First An- MENTAL COMBAT TEAM OF THE nual NAPPC Pollinator Advocate Award. Mr. BURGESS. Mr. Speaker, I rise today to TENNESSEE NATIONAL GUARD Don Pedro Cahun Uh, of Mexico, was rec- recognize The Colony, TX, for hosting the ognized for his outstanding efforts to preserve moving exhibit The Wall That Heals, honoring HON. MARSHA BLACKBURN not only traditional Mayan culture, but also the the 58,349 fallen soldiers of the Vietnam War OF TENNESSEE declining populations of the Yucatan Penin- who paid the ultimate price in service to our IN THE HOUSE OF REPRESENTATIVES sula’s native stingless bees. country. The exhibition features a half-scale Dale Bosworth, chief of the USDA Forest replica of the Vietnam Veterans Memorial in Friday, November 18, 2005 Service, pioneered pollinator awareness Washington, DC. Mrs. BLACKBURN. Mr. Speaker, few words among U.S. Government agencies and paved ‘‘Bringing The Wall Home’’ to communities sound as good as ‘‘welcome home.’’ the way for the protection of native plants and throughout our country allows the souls en- This is especially true for our men and their pollinators on almost 200 million acres of shrined on the memorial to exist, once more, women in uniform returning from the Middle land. among family and friends in the peace and East where they’ve been battling terrorism. Bruce Knight, chief of the USDA Natural Re- comfort of familiar surroundings. The traveling In Tennessee we’re celebrating the return of source Conservation Service, exhibited exem- exhibit, known as The Wall That Heals, allows our State’s 278th Regimental Combat Team. plary leadership in the creation of a highly the many thousands of veterans who have We couldn’t be prouder of them, and we want successful pollinator habitat program. been unable to cope with the prospect of ‘‘fac- them to know how grateful we are. Ron Krystynak, of the Canadian Embassy, ing The Wall’’ to find the strength and courage Their service and dedication should inspire was recognized for taking a lead role in North to do so within their own communities, thus al- us all. They placed others above themselves. American pollinator conservation, and for his lowing the healing process to begin. They fought not to conquer but to free. They holistic approach to sustainable agriculture The Wall That Heals also features a Trav- fought to put right a terrible evil in this world. and ecology. eling Museum and Information Center pro- They fought so that others might know hope These individuals represent a variety of per- viding a comprehensive educational compo- and freedom. spectives and a singularly effective leadership nent to enrich and complete visitors’ experi- And they fought so that future generations on this issue. Their achievements will carry us ences. The museum chronicles the Vietnam of Americans would not have to live with the closer to the goal of sustainable ecosystems War era and the unique healing power of the terror that we know all too well. and communities.

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.007 E18NOPT1 E2406 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 RESOLUTION RECOGNIZING THE Truong-Son Vinh’s family ended up in San her journey through one year after her hus- 25TH ANNIVERSARY OF AVID Diego where he found the AVID program. band’s sudden death and her daughter’s grave With the help of AVID, he maintained an illness. HON. SUSAN A. DAVIS ‘‘A’’ average and excelled in math and the Joan Didion was born in Sacramento, Cali- OF CALIFORNIA sciences throughout high school. fornia and graduated from the University of He applied the skills and study habits he IN THE HOUSE OF REPRESENTATIVES California at Berkeley. Didion is the author of learned through AVID and earned degrees in five novels and eight books of non-fiction. Her Friday, November 18, 2005 mechanical engineering and applied math distinguished works and publications were col- Mrs. DAVIS of California. Mr. Speaker, I rise from the University of California at San Diego lected into Slouching Towards Bethlehem re- today to recognize a tremendous and ex- and a master’s degree from Cal. Tech. leased in 1968 and The White Album in 1979. tremely valuable asset to public education in This was just the beginning for Truong-Son These books established Didion’s name as an the United States. Vinh. author and observer of American politics and I am referring to the Advancement Via Indi- After college, he went to work for NASA and culture with deepening personal reflections vidual Determination or AVID program that contributed to the Space Shuttle program dur- mixed with analysis. began in my hometown of San Diego 25 years ing the 1980s. ago. He later returned to school and earned a Didion married John Gregory Dunne, also Since then, it has helped hundreds of thou- Ph.D and an MBA. an established writer, in 1964 and together sands of underachieving students across the Mr. Speaker, it is stories like Joanna Hayes they had a daughter, Quintana. The family United States learn the study habits and the and Truong-Son Vinh’s that have inspired me lived in California until moving to New York skills needed for college. It has also helped to introduce a resolution recognizing AVID and City in 1988. In 2003, their family was thousands of students excel in the core sub- honoring the program on its 25th anniversary. shocked to learn that Quintana had a fatal ill- jects of reading, math, and the sciences. I am pleased to have the opportunity to in- ness. Months after learning their daughter’s Mary Catherine Swanson, a school teacher troduce this resolution with my friend and col- bad news, John suddenly died. at San Diego’s Clairemont High, created AVID league from Delaware, Congressman CASTLE. They had just returned home from visiting in 1980 because she wanted to find a way to Because of AVID, thousands of students their daughter in the hospital. Joan later help students with mediocre academic have had the opportunity to achieve in our learned her husband died of a massive coro- records. public schools and have had the opportunity to nary attack. Unable to bear with the grief that What has happened since then is nothing go on to college. settled in, Joan began writing what turned into short of amazing. Again, this program has far exceeded any- her latest book, The Year of Magical Thinking. AVID has grown from one classroom to one’s expectations. This book chronicles her feelings and memo- 2,200 middle and high schools in 36 states. I thank Mary Catherine Swanson for having ries after John’s death and the sickness of her The program emphasizes individual a vision and working hard to implement this vi- daughter. Sadly, even after a brief recovery, achievement while teaching new study habits. sion beginning with one classroom at Quintana died months after Joan finished the In addition, AVID encourages goal setting and Clairemont High. book. works to lift self-expectations and self-esteem In addition, please allow me to thank the ad- in students. ministrators of the AVID program for their hard Mr. Speaker and Colleagues, please join me Nearly 260,000 students have benefited tre- work promoting the program on a national in recognizing Joan Didion on her accomplish- mendously from these ground-breaking teach- level. ments as a writer and her courage as a griev- ing methods. Also, the work the teachers and tutors do in ing wife and mother. Her unwavering strength Amazingly, over 95 percent of those who the AVID program is nothing short of amazing. during difficult times should be an inspiration complete the AVID program attend college Because of their dedication, AVID has turned to all of us. and nearly all of these students return for their the lives around of thousands of our young sophomore year. people. f It is difficult to choose from the thousands of Finally, I would just like to take a moment to success stories produced by AVID. I am in- recognize the students who had the courage HAPPY 101ST BIRTHDAY TO spired each time I hear one of these stories. to take on the rigorous academic track re- MAGGIE KATIE BROWN KIDD Please allow me to share just a few of these quired by AVID and who had the desire to one stories with you today. day go to college. Some of you may remember Joanna Hayes I introduce this resolution today to honor HON. DAVID SCOTT for winning Gold in the women’s 100-meter AVID and all it has accomplished. OF GEORGIA hurdles during the 2004 Summer Olympics in If we are to eliminate the achievement gap Greece. in the United States, I believe we need to IN THE HOUSE OF REPRESENTATIVES Joanna’s teachers remember her for her build upon the programs that have already de- Friday, November 18, 2005 drive and determination to achieve in her creased the size of the gap successfully. classes. AVID is clearly one of these programs. Mr. SCOTT of Georgia. Mr. Speaker, I rise Earlier in high school, however, Joanna We will also need to turn to AVID and other today to fulfill an annual obligation to wish a faced a problem. She was a promising student proven programs already showing success in happy birthday to Ms. Maggie Katie Brown athlete and knew she could likely land an ath- assisting our kids make gains in the areas that Kidd. This year, it is my distinct pleasure to letic scholarship at a number of schools our nation is lagging far behind. I refer specifi- wish Ms. Kidd a happy 101st birthday. Al- around the nation. cally to math and the sciences. though her birth date is December 8th, she Unfortunately, her grades were low and she If we are to be competitive in the world will be celebrating with her family on Novem- did not possess the academic credentials to economy, we need programs such as AVID to ber 25, 2005. attend her dream school, UCLA. help our children excel in math, the sciences, Ms. Kidd has led a long life of devoted serv- Joanna’s high school guidance counselor and other key programs. ice, always lending a helping hand to any of told her about the AVID program and how it f her relatives or neighbors. She carries on the had helped a number of students greatly im- tradition of her beloved husband ‘‘Doc’’ who prove their grades. IN HONOR AND TRIBUTE OF JOAN She signed up and her grades began to im- DIDION earned that nickname precisely for such a rep- prove dramatically. utation. So in addition to celebrating her birth- She attended UCLA and became a world- HON. DENNIS J. KUCINICH day, we are celebrating another year of her class athlete attributing a great deal of her contributions to our community. To mark this OF OHIO occasion and her contributions I am awarding success to AVID. IN THE HOUSE OF REPRESENTATIVES I was also moved by the story of Truong- her a ‘‘Certificate of Special Congressional Son Vinh who arrived in the United States Friday, November 18, 2005 Recognition.’’ when he was 9 years old. Mr. KUCINICH. Mr. Speaker, I rise today in Mr. Speaker, I ask my colleagues to join He fled Saigon just before it fell into the honor and recognition of Joan Didion, estab- me, Maggie’s children, her grandchildren and hands of the North Vietnamese in 1975. Trag- lished author, wife and mother. Her current her great-grandchildren in wishing her a happy ically, his father was killed during the war. novel, The Year of Magical Thinking, traces 101st birthday.

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.013 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2407 RECOGNIZING THE of the Economic Opportunity Commission of PERSONAL EXPLANATION CONTRIBUTIONS OF EVE NEWMAN San Luis Obispo County (EOC), which will be celebrated on December 9th. I would like to HON. TOM DAVIS congratulate the board members, staff and HON. TIMOTHY V. JOHNSON OF ILLINOIS OF VIRGINIA volunteers of the EOC for all they have ac- IN THE HOUSE OF REPRESENTATIVES complished and wish them well as they con- IN THE HOUSE OF REPRESENTATIVES tinue to serve the residents of San Luis Friday, November 18, 2005 Obispo and nine other counties in California. Friday, November 18, 2005 Mr. TOM DAVIS of Virginia. Mr. Speaker, I The EOC is a private, nonprofit public ben- Mr. JOHNSON of Illinois. Mr. Speaker, on rise today to recognize Mrs. Eve Newman for efit community action agency (CAA) that was rollcall No. 597, I was inadverently detained. her contributions and dedicated service to the designated by the San Luis Obispo County Had I been present, I would have voted ‘‘yea.’’ Commonwealth of Virginia. Board of Supervisors as the CAA for the I first met Mrs. Newman when I was a teen- County in December 1965. The EOC strives to f ager working alongside her daughter, Lee, as address and alleviate poverty in San Luis a volunteer for the Republican National Com- Obispo County, in part through community- AZERBAIJAN ELECTIONS mittee. Her impressive, professional nature in- based programs designed to help individuals spired the young volunteers she was over- and families develop the skills needed to en- seeing at the time. Mrs. Newman and her hus- hance their stability and economic independ- HON. ILEANA ROS-LEHTINEN band, the late Eugene L. Newman, were long- ence. In addition, the EOC also uses strong OF FLORIDA time residents of Fairfax County and unself- community partnerships with churches, county IN THE HOUSE OF REPRESENTATIVES ishly served their community over the years. government, and other service providers to as- Friday, November 18, 2005 Mrs. Newman and her daughter now reside in sist the local community. Strasburg, Virginia, where she remains active I appreciate the assistance the EOC pro- Ms. ROS-LEHTINEN. Mr. Speaker, I appre- in her community. vides to the residents of San Luis Obispo ciate the opportunity to share a few thoughts Over her lifetime, Mrs. Newman has held County. Its Board of Commissioners, employ- with my colleagues on recent the elections in several distinguished positions and has re- ees, and volunteers are to be commended for Azerbaijan. ceived countless awards for her service. Mrs. their efforts, which have helped thousands of While the recent November 6th parliamen- Newman served as the general registrar for people over the past 40 years. Accordingly, I tary elections in Azerbaijan failed to meet U.S. ask my colleagues to join me in congratulating Fairfax County for eight years, was president and international standards for a free and fair the EOC as they celebrate their 40th anniver- of the Voter Registrars Association of Virginia, process, there were some notable improve- sary. president of the Republican Women’s Club ments over the previous elections. f and Board member of the State Board of Re- According to the State Department, the publican Women. With each organization, she REGARDING WASHINGTON STATE Government of Azerbaijan: allowed large num- dedicated herself fully to each cause and PROFESSOR OF THE YEAR bers of candidates to register; provided can- came up with innovative ideas to improve the BRUCE PALMQUIST didates with greater access to the media; al- organization. While serving on the State Board lowed exit polls and extensive monitoring by of Republican Women, she organized a scrap domestic and foreign observers; improved booking contest that was an instant success HON. DOC HASTINGS OF WASHINGTON voter lists; and took other actions contributing for a number of years. While serving as the IN THE HOUSE OF REPRESENTATIVES to a more orderly and transparent vote. registrar for Fairfax County, she created a tab- However, there were widespread reports of ulation system utilizing age brackets as an Friday, November 18, 2005 major irregularities and fraud—including con- election prediction tool. Mr. HASTINGS of Washington. Mr. Speak- cerning vote tabulation, as well as intimidation Her love and dedication to the Republican er, I wish to pay tribute to 2005 Washington of voters and observers—that may have Party is matched by her love for the arts. She State Professor of the Year—Mr. Bruce studied at the Art Institute in Philadelphia, and Palmquist. disenfranchised voters in many districts. has she served on the Board of Directors of The U.S. Professors of the Year awards, In response, Azerbaijani leader Aliyev has, the Wayside Theatre located in the Shen- sponsored by the Council for Advancement thus far, reportedly: ordered the Justice Min- andoah Valley. Mrs. Newman was not a board and Support of Education, recognize college ister to fully investigate the election results; member that simply warmed a seat; she and university professors for their excellence dismissed two governors and other officials for served as an active participant who contrib- in undergraduate teaching and mentoring. election fraud; annulled the outcome of the uted immensely to the theatre. Her assistance For over a decade, Mr. Palmquist has elections in a fourth voting district; and is was merited in 2002 when she was awarded taught science to students at Central Wash- probing the results from 20 of the country’s the theatre’s highest honor, the Leo M. Bern- ington University using innovative teaching voting constituencies for possible violations. stein Award. Mrs. Newman is also an accom- strategies to actively engage his students in Just this week, it was reported that Aliyev plished artist; her most notable artistic con- learning. He has taught his students to em- dismissed Vagif Ragimov, the governor of tribution can be seen on each official docu- brace the University’s motto ‘‘by teaching, we Zagatala, a region in western Azerbaijan near ment of the Virginia Federation of Republican learn.’’ This teaching approach has motivated the border with Georgia, for alleged inter- Women, as she is the designer of the official students to achieve a higher standard. ference in ballot counting. Two days earlier, seal. Mr. Palmquist recognizes the importance of after a three-hour discussion, the Central Elec- On Saturday, November 20th, many from access to higher education. He worked to es- tion Commission (CEC) reportedly canceled around the Commonwealth will gather with tablish a teacher education program at a com- results in the #110 Zagatala constituency in Eve at a luncheon in her honor. Mr. Speaker, munity college one hundred miles from Central response to reported violations in a majority of in closing, I call upon my colleagues to join Washington University, so that students could the polling stations. me in recognizing her accomplishments and more easily access higher education. Mr. Ragimov was reportedly the third governor Palmquist’s dedication to the program and stu- applauding her for all that she has done. to be dismissed for attempted vote tampering. dents is apparent as he travels over 200 miles f per week to advise enrolled and potential stu- These are positive steps but further correc- TO RECOGNIZE THE 40TH ANNI- dents, promote the program, and help stu- tive actions must be taken. For example, in- VERSARY OF THE ECONOMIC OP- dents with course work. vestigations should not be limited exclusively PORTUNITY COMMISSION OF SAN In a society where teachers do not always to election day problems but must address re- LUIS OBISPO COUNTY receive the appreciation they deserve, I am ports of post-election crackdowns and sup- pleased to honor and commend Mr. Palmquist pression of dissent. HON. WILLIAM M. THOMAS for his dedication to students in Central Wash- I therefore urge Mr. Aliyev to continue to work closely with the United States, the rest of OF CALIFORNIA ington. Mr. Palmquist is a teacher who is will- the international community, and all segments IN THE HOUSE OF REPRESENTATIVES ing to work hard for his students, and expects his students to work hard for him in return. of Azerbaijani society to undertake the nec- Friday, November 18, 2005 To Mr. Palmquist and the professors across essary reforms to provide for a future in which Mr. THOMAS. Mr. Speaker, I rise today to America that are educating tomorrow’s lead- free, fair and transparent elections are regu- recognize the 40th anniversary of the founding ers, thank you. larly held in a fully democratic Azerbaijan.

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.017 E18NOPT1 E2408 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 A REPORT PREPARED BY EUGENE publican budget—goes in exactly the wrong That is the wrong approach, and the bill is B. KOGAN direction. the wrong result—for the whole country, and As it comes to the floor, the bill would cut particularly for Colorado and the West. HON. DIANE E. WATSON more than $50 billion over 5 years from a wide The bill is especially bad for Colorado be- OF CALIFORNIA variety of programs—not because they are no cause of some parts of it—developed by the IN THE HOUSE OF REPRESENTATIVES longer needed and not because they are Resources Committee—will directly affect our wasteful, but because the Republican leader- State. For example, there is the part that deals Friday, November 18, 2005 ship has decided the Americans served by with oil shale. Ms. WATSON. Mr. Speaker, I want to bring these programs must sacrifice in order to help Oil shale has great potential as an energy to the attention of my colleagues a report pre- offset the cost of over $106 billion in tax cuts. source, so it’s an important part of our energy pared by Eugene B. Kogan on the role of And, after imposing these penalties on millions policy. And it’s important to the taxpayers, who Congress in the implementation of U.S. for- of America, the overall plan—service cuts for own most of it. They have an interest in what eign policy. Mr. Kogan is the John Kenneth many Americans, tax cuts for relatively few— return they will get for this resource. But it’s Galbraith Fellow at the Americans for Demo- will not result in a balanced budget, but even particularly important for Colorado, because cratic Action (ADA). The report is entitled The bigger deficits and more delay in correcting our State has some of the most important de- War Congress: Shouldering the Responsibil- our fiscal course. posits of oil shale, and Coloradans—particu- ities of A U.S. Global Role. In short, the Republican prescription for our larly those on the Western Slope—will be di- Mr. Kogan’s report is particularly timely in budget problems is a toxic compound of mis- rectly affected by its development. the aftermath of September 11, 2001, and the guided priorities and fiscal irresponsibility—in A new report from the Rand Corporation U.S. intervention in Iraq. The report focuses other words, more of the same mistakes as spells out the great benefits that can come on the role of Congress in these two seminal before, except worse. from developing oil shale. But it also makes events and its abdication of effective oversight And it’s not like there aren’t better ways to clear it’s important for the development to hap- over the Bush administration’s foreign policy approach our budgetary problems. pen in the right way. The report says oil shale decisions. For example, there is H.R. 3966, the Stimu- development will have significant effects, not Mr. Kogan states in the report: ‘‘The lack of lating Leadership In Cutting Expenditures (or just on the land but also on air quality and on congressional oversight over the Bush Admin- ‘‘SLICE’’) Act, a bill I introduced last month both the quality and quantity of our very lim- istration’s foreign policy can compromise the that is cosponsored by Members on both ited water supplies. And it says what Colo- ability of the United States to build a more se- sides of the aisle and endorsed by the Amer- radans know already—large-scale oil shale cure world. Accountability is eroded in war- ican Conservative Union, Americans for Tax development will bring significant population time, and the war on terrorism is not any dif- Reform, Citizens Against Government Waste, growth and is likely to put stress on the ability ferent, except that it will shape America’s Freedom Works, the Small Business Enter- of local communities to provide needed serv- world role for the next half a century or more. prise Council, and the National Taxpayers ices. In this critical period of U.S. history, it is im- Union. In short, the report reminds us how much portant for Congress to exercise its Constitu- Its purpose is to promote Presidential lead- Colorado and our neighbors had at stake tional responsibility by holding the Executive ership and Congressional accountability on when Congress debated the oil shale provi- Branch accountable for its foreign policy deci- proposals to reduce other spending in order to sions of the new Energy Policy Act that’s been sions.’’ offset the costs of responding to the recent on the books for just over 2 months now. And Congress plays a vital role in the formula- natural disasters. while there are lots of things in that law I don’t tion of our Nation’s foreign policy. I commend Toward that end, it would authorize the like, I think the parts dealing with oil shale are Mr. Kogan’s report to my colleagues as they President to identify specific items of Federal appropriate and deserve a chance to work be- consider the future congressional role in the spending that he thinks should be cut and fore we rush to change them. But this legisla- war on terrorism and U.S. intervention in Iraq. would require Congress to vote on each of tion would tear up that part of the new law and f those items. It would apply not only to regular replace it with provisions that not only would appropriations, but also to the transportation be bad public policy but would be a direct DEFICIT REDUCTION ACT OF 2005 bill that was passed and signed into law ear- threat to Colorado. lier this year. In each case, if the president That’s why in the Resources Committee I SPEECH OF proposes a cut, Congress would have to vote offered an amendment that would have re- HON. MARK UDALL on it—we could not ignore the proposal, as vised the oil shale sections in several impor- OF COLORADO can be done under current law—and if a ma- tant ways. Unfortunately, the Republican lead- IN THE HOUSE OF REPRESENTATIVES jority approved the cut, it would take effect. ership of the committee opposed any changes As our budget situation has grown worse, to those sections, and my amendment was Friday, November 18, 2005 there has been a lot of talk about ‘‘earmarks,’’ defeated. Mr. UDALL of Colorado. Mr. Speaker, this meaning funding allocations initially proposed What is the significance of that? Well, to bill does not deserve to pass and I certainly by Members of Congress rather than by the begin with, current law says the Interior de- will not vote for it. Administration. Some people are opposed to partment has to consult with the Governor of That’s not because I think all is well with the all earmarks—but I am not one of them. I think Colorado and other relevant States, as well as budget—far from it. Even before the hurricane Members of Congress know the needs of their with local governments and other interested winds and waves arrived and the levees communities, and that Congress as a whole parties, before going ahead with large-scale oil broke, the Federal budget was already on a can and should exercise its judgment on how shale leasing The bill repeals that requirement dangerous course marked by tidal waves of tax dollars are to be spent. So, I have sought for consultation. My amendment would have red ink and towering piles of debt. Since 2001, earmarks for various items that have benefited retained it. the budget surplus that President Clinton and Colorado and I will continue to do so. But I Similarly, current law permits an orderly, a Republican Congress bequeathed President know—everyone knows—that some earmarks measured program for oil shale development. Bush had been erased and our country was might not be approved if they were considered But this bill would mandate a massive devel- now in debt to the tune of $8 trillion, or separately, because they would be seen as opment program on a crash basis. It says In- $25,000 for every American man, woman and unnecessary, inappropriate, or excessive. terior must lease a minimum of 35% of the oil child. Dealing with that problem requires leader- shale lands in Colorado, Utah, and Wyoming And then, as they brought death and de- ship and accountability. The SLICE bill would within just a one-year period. It’s not clear if struction, Katrina and Rita delivered another promote both, and by requiring us to focus on this means 35% of the three-state total or 35% blow to the Federal budget—and sounded a individual spending items it would make it pos- of the oil-shale lands in each state. Either wake-up call about the fiscal and economic sible to weigh the relative costs and benefits way, it’s a requirement for a fast and massive risks we have been running. I had hoped that of each. But the Republican leadership has re- commercial leasing program: the result might be recognition by both the jected that approach. Instead, they are insist- The Interior Department says there are Bush Administration and Congress that now ing on bringing up this omnibus bill without al- about 16,000 square miles of oil shale lands we need to face hard reality and not continue lowing the House to even consider any in Colorado, Utah, and Wyoming combined. with budget policies based on defying the laws amendments—except ones they decide they That’s more than 10 million acres, and about of fiscal gravity. It’s about time. But this bill— must make in order to pass it with only votes 72% of that is federal land. So, even if the in- which would implement part of an overall Re- by Republican Members. tent is to require leasing 35% of the three-

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.022 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2409 state total, not 35% in each state, that’s more Connecticut has been sold to the mining in- ing both taxes and spending. But this bill re- than 2.5 million acres—all in one year! dustry for less than $5 an acre. flects a refusal to do that rethinking. And for Mandating leases for that much land, that Because the mining industry doesn’t need me the only viable choice is to vote no—no on fast, risks putting a big part of Northwestern patents—they can and do mine on unpatented the oil shale provisions, no on the mining pro- Colorado on the fast track to becoming a na- claims and because there are so many prob- visions, and no on all the rest of this very un- tional sacrifice zone. It’s like a trip in a time lems associated with patenting, annually since necessary, very unbalanced, very short-sight- machine—back to the mistaken crash-devel- 1994 Congress has renewed a moratorium on ed, and very unwise legislation. opment policy of the Carter Administration. the patenting of mining claims. But this bill That was a mistake then and it would be a would repeal that moratorium. And while the f mistake now. That’s why my amendment bill would raise the price of patents, it would would have deleted that requirement, allowing not require payments that reflect the value of DEFICIT REDUCTION ACT OF 2005 current law to stand. the minerals involved. So, according to the Also, current law requires the Interior De- Congressional Budget Office, this provision partment to prepare a programmatic environ- would raise only about $158 million over the SPEECH OF mental impact statement (EIS) on oil shale, next five years. This is not real reform—it is a with a tight deadline for completion. That’s the continued subsidy for the ‘‘hardrock’’ mining HON. LEE TERRY right thing to do. Work has started on that EIS, industry. But other provisions in this part of the OF NEBRASKA and Coloradans look forward to reading it. But bill are worse. IN THE HOUSE OF REPRESENTATIVES reading something before evaluating it must For example, the bill would allow claim hold- ers to patent land without proving there is a be too old-fashioned for the Republican lead- Thursday, November 17, 2005 ership, because the bill says that the EIS is valuable mineral deposit as long if they al- ‘‘deemed’’ to be good enough—meaning that it ready have a permit to mine or have reported Mr. TERRY. Mr. Speaker, as the House of cannot be questioned or challenged—and no to the SEC that there is a ‘‘probable’’ mineral Representatives considers passage of the further environmental analysis will be done for reserve there. This means that claim holders Deficit Reduction Act, I rise in overall support a full 10 years—no matter what problems the can purchase public land without having to of H.R. 4241. As the process moves forward, State of Colorado or anyone else may have prove that they can or will construct a viable I urge my colleagues in this chamber and in with the EIS. mine. And it allows the sale of ‘‘mineral devel- the conference to consider some additions opment lands’’—meaning any land with a valu- That’s like giving an ‘‘A’’ grade before a stu- and changes. dent even turns in the homework—it may be able mineral deposit as well as lands that The actual estimated average cost to a good for the student’s ‘‘self-esteem,’’ but it were once mineralized and were previously community retail pharmacy to dispense pre- doesn’t ensure careful work. And careful work mined—for the purpose of ‘‘sustainable eco- on oil shale is essential because the stakes nomic development.’’ According to John scription drugs ($9.25) is greater than the min- are so high for Colorado’s land, water, and Leshy, who served as Solicitor of the Interior imum multi-source dispensing fee established communities. That’s why my amendment and who is an expert on the mining law, the by H.R. 4241 ($8.00). Because H.R. 4241 would have deleted that and allowed current result will be to ‘‘put in the hands of corpora- does not establish a dispensing fee for single law to stand. tions the keys to privatize millions of acres of source medications, commonly known as Finally, current law tells the Interior Depart- federal land’’—setting the stage for a massive brand-name drugs, I urge my colleagues to ment to set oil-shale royalty rates that will do fire sale of Federal lands for bargain-base- consider an increase in dispensing fees for two things—encourage development of oil ment prices. both single source and multisource medica- shale and also ensure a fair return to the tax- And in Colorado, a state with a long and tions that adequately compensates community rich mining history, the results could be dra- payers. But the bill would repeal this, replacing retail pharmacies for their cost to dispense matic. As the Denver Post has noted, ‘‘Colo- it with specific rates to be charged for the first prescription drugs within the Medicaid pro- radans could unexpectedly see suburban 10 years of commercial oil shale production, gram. In addition, I urge my colleagues to en- sprawl on mountainsides they thought were and requiring that after that the rates must be courage the states to conduct mandatory com- protected open spaces . . . It’s an invitation to adjusted according to a formula tied to certain prehensive studies to determine actual dis- condo developers, mini-mansion home build- oil prices. This is a blatant example of micro- tribution expenses incurred by community re- ers and other speculators to snatch up federal management, with nothing to show it is fair to tail pharmacies participating in the Medicaid lands that otherwise would never leave public the taxpayers. My amendment would have de- program so that fair and equitable distribution ownership. . . . Just in Colorado, old mining leted that that attempt at long-term political reimbursement rates can be established. patents encompass 123,000 acres. Most exist- price-fixing, and replaced it with the language ing claims are next to or surrounded by na- We should also do all we can to provide in- of the current law. tional forests, parks or other public lands. centives to increase the distribution of generic The Congressional Budget Office’s report on Many also are near former mining towns that therapeutic equivalent drugs when they are these oil shale provisions estimates that they have become pricey resorts such as Aspen, available. While our bill provides higher dis- will not do much to raise revenue or otherwise Telluride, Breckenridge and Crested Butte. pensing fees for generics based on Retail Av- help balance the budget. So, there is no budg- Twenty-three of Colorado’s 24 ski areas are erage Manufacturers Price (RAMP) plus cost, etary reason to include them in this bill, while on national forests and so are vulnerable I still do not feel that there is enough incentive from the standpoint of what is best for Colo- under the proposal.’’ in our model to encourage effective use of rado and its communities there is every rea- In short, as the Denver Post’s editors rightly generics. I encourage continued work in con- son to change them in the way that my observe, these provisions ‘‘really aren’t about ference to increase the utilization of generics, amendment would have done—and I cannot mining; they’re about real estate speculation,’’ which in itself has significant savings potential. support them unless such changes are made. which is why they have called on us to ‘‘erase And that is also the case with the parts of H.R. 4241 establishes a new benchmark them from the budget reconciliation bill.’’ formula for establishing reimbursement rates the bill dealing with the Mining Law of 1872. But of course, since no amendments are for community retail pharmacies participating As Westerners know all too well, that law— permitted, we can’t erase that part, or any in the Medicaid program. The benchmark for- dating from the administration of President other part of the legislation. The only choice Ulysses S. Grant—still governs the mining of before us is to vote yes or no on the entire mula, known as RAMP, can often be signifi- gold, silver, and other ‘‘hardrock’’ minerals on bill. cantly out of date because it is updated on a federal lands. It still allows private companies And, as I said, the bill is just one part of a quarterly basis and it often is not determined to get a patent—an ownership deed—to public larger budget plan—one that insists on push- and posted for another quarter. Because phar- lands containing valuable minerals for a mere ing ahead on the same course that has led to maceuticals prices are updated on a daily $2.50 to $5.00 per acre, the same prices that the serious fiscal problems that now confront basis, the RAMP has the potential to be as were set in 1872, without paying the taxpayers us—setting the stage for more top-heavy tax much as six months out of date. Accordingly, a fee like that paid for the Federal oil, gas, or cuts while we are putting the costs of war and I urge my colleagues to consider modifying re- other minerals developed under more modern everything else the government does on the quirements related to RAMP from a quarterly law. Since 1872, more than $245 billion worth national credit card. This cannot go on forever. recalculation basis to a monthly basis so that of minerals have been extracted from public Sooner or later, something has to give. community retail pharmacies do not have to lands at these bargain-basement prices, and So, Mr. Speaker, there is an urgent need to absorb significant financial losses due to fluc- nearly as much land as in the entire state of rethink and revise our budget policies, includ- tuations in real cost.

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.025 E18NOPT1 E2410 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 TRIBUTE TO ALBERT SPADA with my deep appreciation for his friendship Mr. Speaker, I ask that you rise with me and his longstanding commitment to public today to applaud the incredible efforts of Mr. HON. MAURICE D. HINCHEY service. Kenneth Hyde in his unselfish commitment to OF NEW YORK f protecting the people of the United States. f IN THE HOUSE OF REPRESENTATIVES A TRIBUTE TO THE BERKSHIRE Friday, November 18, 2005 JUVENILE COURT DEFICIT REDUCTION ACT OF 2005 Mr. HINCHEY. Mr. Speaker, I rise today to honor my good friend and constituent Albert HON. JOHN W. OLVER SPEECH OF Spada for his distinguished professional ca- OF MASSACHUSETTS HON. C.A. DUTCH RUPPERSBERGER reer and impressive record of community serv- IN THE HOUSE OF REPRESENTATIVES OF MARYLAND ice. Al retired earlier this year as Ulster Coun- IN THE HOUSE OF REPRESENTATIVES ty Clerk, a position he has held since 1967. I Friday, November 18, 2005 Thursday, November 17, 2005 would like to recognize and thank him for his Mr. OLVER. Mr. Speaker, I wish to recog- outstanding leadership in Ulster County both nize and honor the Berkshire Division of the Mr. RUPPERSBERGER. Mr. Speaker, I rise as an elected official and an active and dedi- Juvenile Court Department of the Trial Court today in opposition to this legislation. cated member of the community. of the Commonwealth of Massachusetts, on Mr. Speaker, there is so much wrong with Al was elected to the office of Ulster County this, National Adoption Day, for their dedica- this legislation that I do not know where to Clerk at the age of 34, the youngest county tion to the hundreds of children in foster care begin. clerk in New York at the time. Prior to his in Berkshire County, Massachusetts, and for This ‘‘deficit reduction act’’ is a tool for the election, Al served as Deputy Clerk for Ulster their promotion of adoption, which allows over majority party to justify their tax cuts that are County and legislative aide to New York State 30 children per year to enter into loving and poorly timed and do not benefit the American Assemblyman Kenneth Wilson and New York nurturing families. citizens who need help the most. It is irrespon- State Senator E. Ogden Bush. Prior to that, Al Today, in Pittsfield, Massachusetts, sixteen sible to cut funding for vital programs in order served in the United States Air Force during adoptions will be performed in honor of Na- to make up for lost revenues due to tax cuts the Korean Conflict as a Staff Sergeant. After tional Adoption Day and in recognition of No- that benefit the wealthy. If we do not fix this serving as chief of the Air Force supply depot vember as Adoption Awareness Month deficit, we are forcing future generations to in Japan, he received an honorable discharge throughout the United States. pay for Congress’s fiscal irresponsibility. There from military service. I want to thank the Berkshire Juvenile Court, are no useful deficit reduction measures in this For more than 35 years, Al served the peo- under the guidance of the Honorable First Jus- bill. ple of Ulster County with distinction and honor. tice Paul E. Perachi, for their dedication and This budget reconciliation bill cuts essential His responsiveness and accessibility to county commitment to the children and families of government programs that serve the most vul- residents defined his tenure in office. Al estab- Berkshire County, Massachusetts. nerable members of our society. Society and lished himself as the preeminent advocate for f government are judged by how we take care Ulster County residents on matters pertaining of those in need and we must do better. All to- to the functions of his office and other county RECOGNIZING THE OUTSTANDING taled, the bill cuts spending by $53.9 billion government business. Over the nearly 4 dec- EFFORTS OF BALTIMORE FIRE dollars which includes cuts to Medicaid, Food ades that he was in office, Al’s personal ef- CAPTAIN KENNETH HYDE, SR. Stamps, student loans, and child support. forts have positively affected the lives of The cuts to the Medicaid program total countless Ulster County residents. All of these HON. C.A. DUTCH RUPPERSBERGER $11.9 billion or 22 percent of all of the cuts in attributes contributed to Al being the longest OF MARYLAND this legislation. These cuts will result in pre- serving County Clerk in Ulster County since IN THE HOUSE OF REPRESENTATIVES mium increases for all participants and a re- George Clinton held the position in the late duction in benefits that will cause millions of Friday, November 18, 2005 18th century. children to lose some preventative and treat- Al has received numerous honors over the Mr. RUPPERSBERGER. Mr. Speaker, I rise ment services. At a time when health con- years including the Lifetime Achievement before you today to recognize the outstanding cerns are at the forefront of many people’s Award from the New York State Association of efforts of one heroic individual who has greatly minds, we should not be making cuts to Med- County Clerks and the Man of the Year Award impacted the safety of the Baltimore commu- icaid that will make it harder for people to af- from the local chapter of the Veterans of For- nity. He stands by 24 hours a day, 7 days a ford the care they need. eign Wars. Al has been a member of the New week in case of emergency. Whether he’s dis- The cuts to the Food Stamp Program total York Association of County Clerks since 1966 turbed from his slumber or called away from a $844 million dollars. These cuts would be the and has served on the boards of Benedictine family dinner, Baltimore Fire Captain and Riv- result of new limitations on who is qualified to and Kingston Hospitals, the New York State iera Beach Fire Chief Kenneth Hyde, Sr. read- receive food stamps. Under this legislation, Advisory Board of Public Works and the King- ily awaits his next call to action. some families receiving other types of federal ston Housing Authority, where he currently sits Mr. Hyde holds two very demanding posi- assistance would be ineligible to receive food as chairman. He has served on the Heritage tions as he is the Baltimore City Fire Captain stamps. It is outrageous that we are cutting Advisory Committee, the New York State and the head of the Riviera Beach Volunteer this and other programs that have been prov- Sports Authority and the Ulster County United Fire Company. That means he rarely enjoys a en to help those who are the most in need. Way. Most notably perhaps, Al has been a day of rest. However, he never complains, and The reductions in funding to child support lifetime member of the Glasco Volunteer Fire neither do his crews. He has participated in programs total $4.9 billion or 9 percent of all Department. the rescue of passengers of the water taxi, of the cuts in this legislation. This is just plain In addition to the many accomplishments Lady D which overturned last year in Balti- wrong. States rely on this funding to aid their and accolades that Al has received over the more’s Inner Harbor. He has assisted with the efforts in establishing and enforcing child sup- years, he is widely regarded as a friend to recent Hurricane Katrina cleanup, as well as port orders; orders that are necessary if fami- many people throughout the community. His countless other disasters. lies and children are ever going to receive the loyalty and generosity, as well as his extraor- While he primarily focuses on local mishaps, support owed to them. dinary sense of humor, have endeared him to his interest lies in terrorism preparedness. He According to the Census Bureau for the countless Ulster County residents and while develops strategies for possible attacks, and most recent year that data is available (2001), his presence in the county building will be devotes many of his weekends to either at- only 45 percent of custodial parents have re- greatly missed, we will all take comfort in tending or conducting training sessions. ceived the full amount of child support owed to knowing that he will remain an active member Mr. Hyde comes from a long line of firemen; them. There are an estimated 13.4 million par- of our community. his father, both grandfathers, brother, and now ents with custody of 21.5 million children Mr. Speaker, I am delighted to congratulate son, are all firemen. In addition, his wife is a under age 21 whose other parent lives else- my friend Albert Spada and his family on the dispatcher for the Baltimore City Fire Depart- where. About 5-in-6 of those 13.4 million par- occasion of his retirement after so many years ment, and his sister is in charge of the cadet ents are mothers. of dedicated service to the residents of Ulster program for the Riviera Beach Fire Depart- Twenty-five percent of single mothers with County. I offer him my warmest personal wish- ment. It’s obvious the Hyde family is dedicated children in the United States are below the es for a healthy and happy retirement along to the safety of the citizens of Maryland. poverty level. We must do all that we can to

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.028 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2411 help mothers and their children receive the dent Truman said was the greatest military our military faced scorn from some cir- child support that is owed to them. Cutting man the Nation ever produced. cles. . . Indifference and scorn have no place funding to States for child support enforce- General Marshall’s 50 years of public serv- in our heroes’ homecoming. . . Instead, let’s ice epitomize the selfless service so distinc- show our gratitude by welcoming all of our ment is obviously moving in the wrong direc- tive of our veterans. . . After serving Gen- heroes when they return to the cities and tion. eral Pershing in and after World War I, Gen- towns they have so bravely defended. As Members of Congress we cannot con- eral Marshall commanded troops in China, Now with the Global War on Terrorism, we tinue to allow ill-timed and badly targeted tax revamped officer training at Fort Benning, cannot take our past peace and prosperity cuts for the wealthy while at the same time became Army Chief of Staff and exemplified for granted. Our veterans know that freedom cutting government programs that help people selfless service in his gracious acceptance of isn’t free and that eternal vigilance is the improve the quality of their lives and their President Roosevelt’s keeping him in Wash- price we must pay for our liberty. We must ington during World War II instead of acced- wellbeing. resolve to keep faith with our veterans as ing to his desire to command troops in Eu- this nation fights and wins the Global War If we continue along this path we will be rope. . . He gave selfless service again when on Terrorism. shortchanging our children, our grandchildren heading toward well-deserved retirement in We must resolve to thank and support all and their children to come. They will inherit a 1945. . . He had just entered Dodona Manor our veterans for their outstanding and self- government and a country that turned its back when a telephone call came from President less service to our nation and to thank them on the people who needed them most and Truman asking him to forego his first vaca- not only today, Veterans Day, but every day. they will be forced to pick up the pieces. tion in years and devote many months as a Remember our veterans and the price they special presidential envoy to China . . . He We cannot let this happen. I am committed paid physically, financially, and emotionally extended his selfless service again and again to keep this nation safe. . . And remember to serving the people of the Second District of when he became Truman’s Secretary of our troops, America’s future veterans, sons Maryland and I will not support legislation State from 1947 to 49 creating the Marshall and daughters, who have selflessly made the such as this that will negatively impact my Plan, . . . and when he shortly thereafter ac- decision to defend our count and all it stands constituents or the United States as a whole. cepted President Truman’s request to take for. This legislation is just plain wrong and I over the American Red Cross. . . After the Additionally, let’s remember that vet- urge my colleagues to oppose the bill. Korean War began in 1950, President Truman erans’ families and military families have interrupted General Marshall’s vacation at a also paid the price for freedom. Though we f Michigan fishing camp to call him back to may not be able to adequately thank our further selfless service in Washington as Sec- VETERANS DAY COMMEMORATION veterans, our soldiers, and their families, retary of Defense. . . Meanwhile, Senator . . . we must always support them. AT DODONA MANOR Joe McCarthy was castigating George Mar- With your support, our soldiers, America’s shall for treason, calling him a man (quote) future veterans, will continue to honor their HON. FRANK R. WOLF ‘‘guilty of an immense conspiracy’’ and mak- sacred duty of protecting our nation, our fel- ing (quote) ‘‘common cause with Stalin’’— low citizens, and the freedoms we hold so OF VIRGINIA General Marshall refused to respond, saying, dear. IN THE HOUSE OF REPRESENTATIVES (quote) ‘‘If I have to explain at this point Remember the Biblical questions: ‘‘Whom Friday, November 18, 2005 that I am not a traitor to the United States, shall I send? and Who will go for us?’’... I hardly think it’s worth it.’’. . . Shortly And whoever answers with the Biblical reply Mr. WOLF. Mr. Speaker, I was honored to after retiring again to Dodona Manor in 1951, of ‘‘Here am I. Send me’’ . . . will return a participate in Veterans Day observances held he agreed to chair the American Battle veteran. Let us honor that veteran and re- at the George C. Marshall International Center Monuments Commission. And in 1953, upon solve on this Veterans Day to remember that at Dodona Manor in Leesburg, Virginia. becoming the first professional soldier to re- he or she goes for us and deserves our sup- The commemoration was organized by U.S. ceive the Nobel Peace Prize, he typically port and respect. Army retired Colonel Gerhard L. Jacobson and credited it to others, telling reporters it was f a tribute ( quote) ‘‘to the American people.’’ featured U.S. Army retired Lieutenant General . . . Indeed, all of us veterans are proud to TRIBUTE TO CHILD ADVOCACY Frank A. Camm as the keynote speaker. I count General Marshall as one of us! CENTER AWARDEES would like to share for our colleagues the stir- Our veterans have borne the cost of Amer- ring remarks by General Camm. ica’s wars and stood watch over America’s HON. DALE E. KILDEE VETERANS DAY SPEECH peace. Among the 42 million veterans of American wars, over 600 thousand died in OF MICHIGAN NOVEMBER 11, 2005 battle and over 2 million were wounded. IN THE HOUSE OF REPRESENTATIVES Thank you, Jake . . . Mr. Price, fellow vet- Today some 20 million living Americans Friday, November 18, 2005 erans and American citizens . . . as a de- wear the proud title of veteran. They include scendant of the Rector family on nearby a few dozen survivors of World War I, over 3 Mr. KILDEE. Mr. Speaker, I am pleased to Goose Creek, I am proud to join you here at million of World War II, 3 million of the Ko- stand before you today on behalf of one of my Dodona Manor, the home of one of our great- rean War, 8 million of the Vietnam War, and district’s premier human service organizations, est veterans, General George Marshall, in 2 million of the Wars in Iraq and Afghani- the Child Advocacy Center of Genesee Coun- paying tribute to the service of America’s stan. ty. On Thursday, November 10, the Center will veterans. Fortunate to have a number of veterans hold its inaugural Awards Dinner, where they This is the day we remember our debt to with us here today, I want to acknowledge will acknowledge several individuals who have those who’ve worn the uniform of the United them, . . . so I ask all veterans present to States. This is the day we thank and honor please stand for us to recognize you? . . . shown tremendous courage, kindness, and ALL who have. served honorably in the mili- (APPLAUSE). . . Thank you. . . Like Henry selflessness through acts of goodwill toward tary—in wartime or peacetime. We honor the Fifth in Shakespeare, we vets have a spe- our young people. them for their patriotism, their love of coun- cial bond with those with whom we’ve Polly Sheppard will have the distinction of try, and their willingness to serve and sac- served. . . Trapped and outnumbered by the being awarded the first Volunteer of the Year rifice for the common good. And we thank French army, Henry spoke to his men before Award. them for their service, expressing our appre- the battle. His address is a classic in mili- The honor of the Mental Health Therapist of ciation of their contributions to national se- tary legend: ‘‘For he today that sheds his the Year Award will be presented to Penny curity, and recognizing that all who served blood with me shall be my brother’’ . . . And have sacrificed and done their duty. Today, Lantz. laying into slackers who’d avoided serving, The cooperation between the CAC and the all veterans can be certain that the Nation he declared, ‘‘and gentlemen in england now they served and the people they defended are abed . . . shall think themselves accursed Michigan Department of Human Services will grateful. they were not here.’’... be shown, as Linda Crouch and Director It is appropriate, indeed, to observe Vet- Today, our soldiers, sailors, marines and Denise Chambers will receive DHS Worker of erans Day here at Dodona Manor, the home airmen serve in 120 countries throughout the the Year awards. of General Marshall, who was born just 125 world during our ongoing conflicts in Af- The CAC will recognize its friends in law en- miles from here on New Year’s Eve 125 years ghanistan and Iraq. And the legacy of our forcement, as Detective Matt Bade of the Bur- ago. . . Having lived next door to General veterans continues to inspire each of them to ton Police Department, and Detective Diana Marshall in Washington in 1938, having seen answer the call of duty. As we join in thank- Mills of the Mt. Morris Police Department will him speak at West Point, and having served ing our veterans for their service, let’s ap- in the Army’s War Plans Division that he plaud them not only for their past service, be honored as Police Officers of the Year. had headed 20 years before, I’ve been inspired but the example they set for our current and John Greene and Marcie Mabry will be hon- by numerous accounts of this man whom future military. . . After the Korean War, ored as Prosecutors of the Year. President Roosevelt considered to be the our veterans returned home to a country in- The Sponsor of the Year Award will be pre- Pershing of World War II and whom Presi- different to their service. . . After Vietnam, sented to the Ruth Mott Foundation.

VerDate Aug 31 2005 04:44 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.031 E18NOPT1 E2412 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 Additionally, Dr. Edwin Gullekson will be It is interesting that the majority continues to reform to give States the OPTION of amend- honored as the CAC 2005 Physician of the use terms like personal responsibility when ing their Medicaid eligibility requirements to in- Year. justifying the draconian cuts to services, cruel cluded uninsured, pre-disabled low-income Mr. Speaker, I applaud these wonderful men penalties and cost sharing for the poor that people living with HIV. ETHA, which has been and women for all they have done for others. will essentially block access to care while fail- introduced by Leader PELOSI in prior Con- Through their actions, they ensure that our ing to exercise the same responsibility in their gresses and Senator SMITH and Senator CLIN- children are able to enjoy healthy, productive, own fiscal disorder. The general fund of the TON in the Senate, is modeled after the suc- and safe lives, and I ask my colleagues in the Government of the United States is paid for cessful Breast and Cervical Cancer Prevention 109th Congress to please join me in recog- with borrowed money, over $1 billion a day. and Treatment Act, BCCA, that allows States nizing their heroic efforts. To make ends meet while continuing to pass to provide early access to Medicaid to women f tax cuts, we borrow heavily from China, Japan with cancer. Forty nine States have imple- and other foreign nations, knowing full well our mented the BCCA, designed to preserve HONORING CUB SCOUT PACK 88 OF children and grandchildren will one day be health and prevent unnecessary and high-cost THE BSA’S DES PLAINES VAL- saddled with our debt. In the meantime, they medical interventions. As with the BCCA, LEY COUNCIL AND THEIR 60 pretend we can shore up our economy with a ETHA includes an enhanced Federal match YEARS OF SERVICE few simple reforms that will have devastating rate of 65 percent to 83 percent to encourage consequences for the most vulnerable chil- States to participate in offering the services. HON. DANIEL LIPINSKI dren, seniors and other impoverished people, Although my amendment failed in com- which won’t really affect the trillions of dollars OF ILLINOIS mittee, Senators CLINTON and SMITH success- of debt created by the majority’s fiscal irre- IN THE HOUSE OF REPRESENTATIVES fully offered a demonstration version of the sponsibility. Early Treatment for HIV Act on the Senate Friday, November 18, 2005 What is irresponsible are the billions of dol- floor. I tried to offer that amendment on the lars in cuts the majority is making to the Med- Mr. LIPINSKI. Mr. Speaker, I rise today in House floor but the Republican leadership icaid program. We already have 45 million un- honor of Cub Scout Pack 88 of the Boy would not permit any amendments. It is my insured Americans. Without Medicaid and Scouts of America’s Des Plaines Valley Coun- fervent hope that this provision survives con- cil on their 60th anniversary. SCHIP, the percentage of uninsured Ameri- cans, including children, would be a lot higher. ference. In 1930, the Boy Scouts of America created Outside of the jurisdiction of the Energy and a new opportunity called Cub Scouting for As we all know, health care coverage isn’t meaningful unless it is accessible and com- Commerce Committee, on which I serve, are boys younger than Boy Scout age. A year- even more cruel cuts to working families and round, home-centered program used by char- prehensive. The proposals included in this bill will undoubtedly prove to be a barrier to care vulnerable populations. Billions in cuts to stu- tered organizations, Cub Scouting emphasizes dent aid programs, child support enforcement, involvement between boys and their parents, as it permits States to significantly increase the amounts Medicaid beneficiaries payout of foster care and SSI disability payments. They adult leaders, and friends. In the multidimen- cut food stamps, eliminated nutritional school sional plan of the Boy Scouts of America, Cub pocket for premiums and copayments for healthcare services, again, all in the name of lunch and breakfast programs for hundreds of Scouting is where it all begins. thousands of families and children—the list For the past 60 years, Cub Scout Pack 88 personal responsibility. Mr. Speaker, but what about the low-income goes on. has been a cornerstone of service in the Des Mr. Speaker, you should be ashamed to Plaines Valley communities. They have com- mother trying to care for her family by stretch- ing her budget to cover housing, electricity, allow our Congress to even consider such pro- bined fun with educational activities and life- clothing and now increased cost-sharing and posals, let alone vote on them, while con- long values. Parents and sons of Pack 88 copayments for medical care? Why are we tinuing to promote tax cuts for the wealthy. I spend quality time together going places, setting her up for failure when she has to vote ‘‘no’’ on this monstrosity and urge my col- doing projects, talking, and reading. Pack 88 make choices between her medical care and leagues to do the same. also provides a healthy, safe environment in her children and her utility bills, all important to which boys learn important values and de- the wellbeing of her and her family? How have f velop self-confidence. we fulfilled our professional responsibility if we For these reasons, it is my honor to recog- DEFICIT REDUCTION ACT OF 2005 put her in the position of making these impos- nize Cub Scout Pack 88 on their 60th anniver- sible choices? I can assure you, these moth- SPEECH OF sary. I look forward to many more years of ers are as familiar with personal responsibility their continued service to our community and and strapped budgets as any Member of Con- HON. ELIJAH E. CUMMINGS our youth. gress in this room. OF MARYLAND f Part of the problem that I have with these IN THE HOUSE OF REPRESENTATIVES DEFICIT REDUCTION ACT OF 2005 proposals are that the ‘‘reforms’’ are budget Thursday, November 17, 2005 driven in that the solutions offered are far less Mr. CUMMINGS. Mr. Speaker, I rise in op- SPEECH OF important than the anticipated savings associ- ated with them. I urge this committee to scrap position to the Budget Reconciliation Bill, H.R. HON. ELIOT L. ENGEL these massive changes to Medicaid. While 4241, reported on a partisan basis by the OF NEW YORK there are certainly ways to modernize, im- House Committee on the Budget. IN THE HOUSE OF REPRESENTATIVES prove, and reform this program, it must be My colleagues have already highlighted many of the harsh cuts that would be made in Thursday, November 17, 2005 done with the compassion and thoughtful con- sideration it deserves. this bill. These include, but are not limited to, Mr. ENGEL. Mr. Speaker, the majority A sensible improvement to this bill would be cuts in Medicaid spending of nearly $12 bil- should be absolutely ashamed of the bill be- to permit early treatment under Medicaid to lion, cuts in the student loan program of more fore us today. It is simply unconscionable that those with HIV. Under current Medicaid rules, than $14 billion, $840 million in cuts in the the majority is not only moving forward with most HIV positive people must meet both an food stamp programs, $4.9 billion in cuts to reconciliation but that they are increasing cuts income standard and be disabled—by AIDS— the State child support enforcement programs, all under the guise of paying for Hurricane before they can receive access to Medicaid $577 million in cuts to the foster care program Katrina relief. Under their rules, they won’t provided care and treatment that could have and $470 million in cuts to the Federal hous- even allow amendments to this monstrosity— prevented them from becoming ill so quickly. ing rehab program. shutting down any meaningful opportunity of This policy runs counter to current Federal Let’s be very clear on this point. These cuts offering even slight improvements to this bill. HIV treatment guidelines which call for early will do nothing to reduce our growing deficit The fact of the matter is that the irresponsible access to medical care and treatment includ- and, despite what many Republicans have tax cuts for the wealthy have run our country’s ing the use of combination antiretroviral ther- tried to claim, they will not offset the costs we fiscal order into the red with over $8 trillion in apy. Medical costs for those with advanced will rightly incur to recover from the cata- debt. Even before Hurricane Katrina, the AIDS are significantly higher than costs for strophic devastation of Hurricanes Katrina and budget resolution called for $35 billion in cuts caring for HIV positive people, and this is a Rita. to programs for the poor to partially offset the burden on the States’ Medicaid budgets. In fact, while cutting almost $50 billion in $106 billion in tax cuts in the same budget I offered an amendment in the Energy and much needed social programs for the most resolution. The math simply doesn’t add up. Commerce Committee markup for Medicaid needy, the bill ‘‘reconciles’’ another $70 billion

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.035 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2413 in tax cuts for the absolute least needy—add- sion and would take our Nation far off course this field. Children are not responsible for di- ing another $16–20 billion to the Federal def- of helping its neediest citizens. I urge my col- vorce or for parents abandoning their families. icit. So I ask, what sense does this heartless leagues to stand with the children, the elderly, Let’s not turn back the clock and make them bill make? and the vulnerable of our Nation by voting carry that responsibility. The bill cuts $577 mil- While I am glad the manager’s amendment against this reconciliation act. lion from foster care programs. And perhaps tries to soften the blow to the vulnerable by If its passage occurs, I implore the con- most troubling, it cuts $796 million from food making sure that children who currently re- ferees to be compassionate and fair and to re- stamps, which represent our promise that ceive school lunches will not be cut off, as store and maintain the social safety net for our amid this country’s great wealth, no American well as by making other small vote garnering neediest citizens. child, whether in the cold winters of Erie changes to the Medicaid and food stamp pro- f County or the sun baked mountains of Ari- grams, these are small pluses that do very lit- zona, should starve. tle to outweigh the many minuses of this bill. DEFICIT REDUCTION ACT OF 2005 What is perhaps most objectionable about Mr. Speaker, to achieve this deficit increase, this process is the doubletalk used to sell SPEECH OF the budget reconciliation bill before us today these cuts. While we have been told that would cut precisely those programs that help HON. BRIAN HIGGINS these spending cuts are necessary to reduce the poor, the sick, the weak, and the young so OF NEW YORK the deficit, they do nothing of the sort. Instead, that the wealthiest among us can receive addi- IN THE HOUSE OF REPRESENTATIVES the $50 billion in spending cuts are coupled tional tax cuts. Thursday, November 17, 2005 with $106 billion in tax cuts for the wealthiest Let me review for a moment what the tax Americans. That means that all of these cuts, cuts already enacted have done to our Nation. Mr. HIGGINS. Mr. Speaker, I rise to express all of them, will be used to pay for irrespon- According to the Urban Institute-Brookings my opposition to and concern about the dev- sible tax cuts that we can’t afford and that do Institution Tax Policy Center, as a result of the astating cuts to essential services passed in not put money back in the pockets of my hard- tax cuts implemented by the administration this House today as part of the budget rec- working constituents in Buffalo; not one dime and by the Republican leadership in Congress onciliation package. will actually go to reduce the deficit. to date, households with incomes exceeding The cuts this body adopted today will have In fact, this reconciliation process will in- $1 million can expect to receive tax cuts this disastrous impacts on the western New York crease, not decrease, the deficit. I agree that year that will average $103,000. communities I represent. The unnecessary it is well past time for Congress to put our fis- According to the Center on Budget and Pol- cuts to health, education and children’s pro- cal house in order, but to call this package a icy Priorities, after adjusting for inflation, the grams will be particularly hard felt in and deficit reduction measure at best makes no after-tax income of the 1 percent of tax filers among the working families of Erie and Chau- sense, and at worst is patently dishonest. We with the highest incomes rose by nearly tauqua Counties. need to do better by the American people and $49,000 in 2003 while the lowest 75 percent The ranks of the uninsured continue to swell I pledge to do better for the people of Western of tax filers saw their incomes decrease in in this country, and more and more Americans New York. Frankly, they do not deserve this 2002. are concerned that someday they may find bad budget. Not surprisingly, as income disparity has themselves without health insurance and un- Mr. Speaker, I object to the cuts this House grown, the poverty rate in this Nation has in- able to afford needed care. In fact, over 45 adopted today, and I object to the slight of creased from 11.7 percent in 2001 to 12.7 million Americans are currently without health hand used to sell them. insurance. Medicaid represents this govern- percent in 2004, and there are now more than f 37 million Americans living in poverty in this ment’s promise to provide health care to Nation, including 13 million children. Americans who can least afford it. Over 4 mil- DEFICIT REDUCTION ACT OF 2005 Further, according to the U.S. Department lion New Yorkers are enrolled in this quite lit- of Agriculture, last year there were more than erally life-saving program, including 1.8 million SPEECH OF 38 million individuals living in households that children. I voted against the bill today because HON. FORTNEY PETE STARK at some point during the year were food ‘‘inse- it will cut Medicaid spending by more than $11 OF CALIFORNIA cure,’’ meaning that they were unable to afford billion. That’s an $11 billion cut from caring for IN THE HOUSE OF REPRESENTATIVES to buy enough food to feed themselves. children suffering from leukemia, from preg- On September 16, President Bush traveled nant mothers struggling to survive and from Thursday, November 17, 2005 to New Orleans to announce a bold and ambi- mentally disabled men and women trying to Mr. STARK. Mr. Speaker, most Americans tious plan to rebuild the gulf coast region fol- make a place for themselves in our commu- watching their televisions looked on in horror lowing the hurricanes. During his speech, the nities; we should not make our budget cuts on at the extent of the poverty and desperation President acknowledged that poverty and in- their backs. Instead, we should be increasing among the victims of Hurricane Katrina. Presi- difference had left so many of our fellow health care access to more Americans, not dent Bush and congressional Republicans ap- Americans vulnerable to the hurricanes in the fewer. If Medicaid is expanding, it’s because parently looked at these pictures with indiffer- gulf region. fewer Americans can afford health insurance, ence and disdain. Unfortunately, the budget reconciliation bill let’s not deny them the only access to care I am forced to believe this because their before us illustrates in the starkest possible available to them. budget bill—the so-called Deficit Reduction terms that as the storm and its revelations I am also concerned that this legislation cuts Act—aims to cut more than $50 billion from about our society begin to fade from the front over $14 billion from successful Federal stu- nearly every poverty program this country of- pages to the back pages, the Republican lead- dent loan programs—the largest cuts ever to fers for the sake of later passing approxi- ership of this House has chosen to repudiate student aid. This is the wrong cut at the wrong mately $60 billion in tax breaks for the wealthi- the President’s commitment to address pov- time, because college costs continue to sky- est Americans. erty. rocket with no end in sight. In fact tuition at 4- Sadly, their recent actions fit neatly with Rather than embrace the President’s call for year public colleges has increased 46 percent their track record. Since the Republicans action, the Republican leaders of this House since 2001. Children from working families in gained control of both the White House and have put forward a bill that will continue poli- Erie and Chautauqua Counties, and over Congress in 2001, 1.7 million more Americans cies of neglect and indifference in service to 470,000 students across the State, depend on live in poverty, average median income has what they see as the greater good: continued these loans to afford college and they depend declined $1,700, and the minimum wage— tax cuts for the wealthiest in this Nation. on college as the key to economic opportunity. which has not been increased since 1997— The budget reconciliation act before us pre- These cuts will needlessly deny that oppor- has its lowest purchasing power since 1990. sents a stark choice for all Members of the tunity to young people in western New York This budget continues the Republican trend House of Representatives—between sup- who want to go to Medaille, Canisius, the Uni- of failing the American people in every pos- porting tax cuts for the wealthiest among us or versity of Buffalo, my alma mater, Buffalo sible way. opposing reductions in our already thin social State, and others. The Republican budget requires poor moth- safety net. The reconciliation package is also an abdi- ers with children under age 6 to double their I urge my colleagues to make the moral cation of our responsibility to children. The bill weekly work hours from 20 to 40 in order to choice today. Budgets reflect the moral com- cuts child support enforcement by almost $5 remain eligible for job training and vocational pass of a nation. This budget reconciliation billion, abandoning single parents and rolling education. Yet, it fails to provide $10.5 billion package is devoid of humanity and compas- back the progress our society has made in for childcare funding which the non-partisan

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.039 E18NOPT1 E2414 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 Congressional Budget Office estimated would HONORING THE LIFE OF LIEUTEN- sterilization. While the vast majority of steri- be needed for mothers to afford to work the ANT COLONEL THOMAS A. WREN lizations in the Czech Republic and Slovakia longer hours and maintain their benefits. since 1989 were performed with informed con- Disgracefully, their proposals don’t stop HON. TOM DAVIS sent, the Ostrava case demonstrates that the there. The Republican budget leads to $24 bil- OF VIRGINIA practice of performing sterilizations without in- lion less in child support payments. It also cuts IN THE HOUSE OF REPRESENTATIVES formed consent did not completely end with $14.3 billion from Federal student aid pro- the fall of the communist regime. grams so the average student borrowing for Friday, November 18, 2005 That precedent-setting court decision sheds college will now pay an additional $5,800. It Mr. TOM DAVIS of Virginia. Mr. Speaker, I light on a number of legal points in one spe- cuts health care for disabled and impoverished rise today to honor the life of Lieutenant Colo- cific case. At the same time, there are many people, aid for abused and neglected foster nel Thomas A. Wren and to recognize his larger questions still at issue, including wheth- children, financial assistance to the aged and service to our Nation. er racism against Roma contributed to the disabled poor and food subsidies. Lt. Col. Wren graduated from George abuse. Frankly, given the large percentage of However, they don’t cut everything. In true Mason University and received a commission Roma among the victims of sterilization with- Republican, let-them-eat-cake fashion, the Re- in the Army Reserve through the Reserve Offi- out informed consent compared with the small publican budget does have one program to cer Training Corps. He joined the 80th Divi- percentage of the Czech population that Roma help those in need. The bill provides two $40 sion Army Reserve unit in 1984 and held posi- constitute, it is hard for me to believe that race coupons to people so that they can buy con- tions in Virginia, Delaware, Maryland and did not play some role. There are, of course, verter boxes for their television sets, so they Pennsylvania. He was called to active duty other possible factors to consider: what role can watch digital television. four times since 2000, serving in Bosnia, Af- did a poor quality of medical care or training Together, America can do better than trad- ghanistan and Iraq. While not on active duty, play in these cases of medical malpractice? ing crisp, clean digital television for food, Lt. Col. Wren worked as a project manager at Did a lack of respect for an individual’s lib- health care and education. I urge my col- Sytel working on projects at USAID, USDA, erty—a hold-over mentality from the totali- leagues to vote against this disgrace and not Army Research Laboratory as well as the tarian period—also contribute to the abuse? pay for tax cuts for millionaires on the backs State Department. His numerous decorations I welcome the Ostrava court’s decision and of the poor. include two Bronze Stars. commend the plaintiff in that case, Helena f His most recent assignment was assisting Ferencikova, for her courage in bringing it for- ward. I have also been heartened by the ap- HONORING ERIE COMMUNITY COL- with the training of the Iraqi military. Tragically, parent seriousness of the Ombudsman’s in- LEGE DIRECTOR OF ATHLETICS, Lt. Col. Wren was killed in an accident on No- vestigation into this difficult and sensitive mat- RALPH J. GALANTI, JR. vember 5, 2005 in Tallil, Iraq, in support of Operation Iraqi Freedom. ter. Words cannot express the gratitude we feel Unfortunately, similar issues in neighboring HON. BRIAN HIGGINS to those who have made the ultimate sacrifice Slovakia continue to be met with government OF NEW YORK for our country. This is a debt that can never denials and stonewalling. IN THE HOUSE OF REPRESENTATIVES be repaid. I know words are not much comfort In 2003, the Slovak Government concluded Friday, November 18, 2005 for the family of Lt. Col. Wren, who are no a year-long investigation into allegations that Mr. HIGGINS. Mr. Speaker, it is with great doubt suffering in the wake of the loss of this some Romani women were sterilized without pleasure and gratitude that I stand here today intelligent and dedicated man. I hope they will informed consent, even after the fall of com- to recognize Ralph J. Galanti, Jr., Erie Com- take some solace in knowing that we will munism. That investigation was deeply flawed. munity College Director of Athletics who is re- never forget Lt. Col. Wren’s sacrifice or the At one point, for example, a spokesperson for tiring after 36 years of service to ECC. sacrifices made by other patriots like him in the Minister for Human Rights threatened that Born and raised in the City of Lackawanna, defense of our Nation. anyone bringing forward allegations of steri- over the last three and one-half decades Mr. Speaker, I call upon my colleagues to lization without informed consent would go to Ralph ‘‘Chico’’ Galanti has completely trans- remember in our minds and in our hearts the jail, one way or another. This is not the way formed ECC’s athletic program, putting ECC bravery and sacrifice of Lt. Col. Thomas A. to foster confidence in an investigation or to on the map in the college sports world. Wren, as well as that of all the men and encourage victims to speak out. As coach of the ECC hockey team, Galanti women of the armed services who honorably Significantly, the Czech investigation and led the team to appearances at eight NJCAA protect the American people. the Slovak investigation both revolved around national championships, winning five regional f the same 1992 Czechoslovak law on steriliza- titles. tions, put in place before the two countries In his role as Athletic Director, Galanti was COERCED STERILIZATIONS IN THE split apart. Czech authorities have understood instrumental in brining football to ECC and CZECH REPUBLIC AND SLOVAKIA that law as requiring that sterilizations had to had a hands on role in the development of be requested by the person who was going to ECC’s Burt Flickinger Athletic Center, a facility HON. CHRISTOPHER H. SMITH be sterilized, that there had to be evidence of awarded for its design, which not only serves OF NEW JERSEY consent by that person, and that consent had the college but the entire community, hosting IN THE HOUSE OF REPRESENTATIVES to be meaningfully informed. Being ‘‘informed’’ means, for example, that the expectant mother national athletic events. Friday, November 18, 2005 Galanti’s ongoing efforts increased enroll- must be told why the procedure is necessary. ment at the school where he pushed students Mr. SMITH of New Jersey. Mr. Speaker, last If someone was given false information about to balance athletics and academics. week, the district court in the Czech town of the procedure, which was the case in many in- For his accomplishments, Chico has been Ostrava reached a very important decision. stances, then she was not meaningfully ‘‘in- inducted into the Greater Buffalo Hall of Fame The court concluded that, in 2001 after the formed.’’ and the National Junior College Athletic Asso- birth of her second child, a local Romani When interpreting the same law, however, ciation Hockey Coaches Hall of Fame. woman was sterilized without informed con- Slovak authorities maintained that consent did The Ralph and Grace Galanti Memorial sent. In fact, since last year, the Czech Om- not have to be ‘‘informed.’’ Accordingly, Slovak Scholarship fund honor’s Ralph’s parents, and budsman has been examining dozens of simi- investigators examined numerous cases continues his legacy of commitment, by assist- lar cases. Although he has not yet issued any where there was no informed consent but still ing the student athletes in our community. public findings, it is expected that the Om- concluded there was no violation of the 1992 Mr. Speaker, it is with great pleasure I rec- budsman will confirm that many other Romani law because, according to their twisted logic, ognize Ralph Galanti, Jr., a man whose devo- women experienced similar violations of their consent didn’t have to be informed! tion to Erie Community College has shaped rights, as documented by several Czech In reality, the Slovak Government seemed the lives of thousands of ECC students and human rights groups and the European Roma to organize its investigation into the steriliza- left a positive mark on the entire Western New Rights Center. tion cases in a way that was designed to York community. On behalf of the residents of Sadly, the issue of sterilizations without in- cover up the magnitude of the problem. The New York’s 27th Congressional District I formed consent is not new in this region. As Slovak Government’s investigation revealed would like to wish Chico health and happiness early as 1977, the dissident group Charter 77 seven cases of Romani minors who were in his retirement by using his signature fare- reported on systematic efforts to target sterilized in violation of the then-existing Slo- well, ‘‘be happy.’’ Romani women in Czechoslovakia for coerced vak law. In reality, the Slovak Government’s

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.043 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2415 interpretation of the concept of ‘‘consent’’ To this collection of Cinderellas, I offer my TRIBUTE TO DENNIS B. could not be reconciled with modern health congratulations. UNDERWOOD norms and had to be changed to explicitly re- quire that consent is informed. (The new law f HON. GARY G. MILLER went into effect at the beginning of this year.) OF CALIFORNIA In reality, numerous international officials have RECOGNITION OF TESSA VELLEK IN THE HOUSE OF REPRESENTATIVES repeatedly expressed concern over the steri- Friday, November 18, 2005 lization practices in the Slovak Republic and the inadequacy of the Slovak Government’s HON. KENNY C. HULSHOF Mr. GARY G. MILLER of California. Mr. Speaker, I rise today to pay tribute to the life response to them, including in the April 2005 OF MISSOURI report on the situation of Roma issued by the and memory of Dennis B. Underwood, an es- IN THE HOUSE OF REPRESENTATIVES Council of Europe’s Human Rights Commis- teemed Western water expert and chief exec- sioner. Friday, November 18, 2005 utive officer and general manager of the Met- In light of all this, it is extremely frustrating ropolitan Water District of Southern California. to read that Slovak officials have, in recent Mr. HULSHOF. Mr. Speaker, I rise today in Mr. Underwood passed away November 2 at months, made misleading statements about recognition of a very special young woman. his home in Alta Loma, California. In commemorating the life of Dennis Under- this important issue. Apparently one official Tessa Vellek, who hails from my hometown of wood, I would like to highlight some of the no- has even declared that ‘‘illegal sterilizations of Columbia, MO, is only eleven years old, but table contributions of his career as a humble Romani women never happened in Slovakia.’’ has already accomplished a lifetime of chari- Mr. Speaker, when the institutions of justice table work. Tessa has created a highly suc- public servant of this great nation. With a ca- are perceived to follow one set of rules for the cessful charitable organization operated by reer that spanned nearly four decades, Mr. majority and another for minorities, this is a children, known as Euphoria, because, as she Underwood took part in water resource devel- recipe for social unrest—as we know from our stated, ‘‘I wanted an organization where kids opment and management at both the state own painful history. could decide how they wanted to help other and federal levels. Perhaps his biggest con- I understand that it is always a difficult exer- people. I wanted the community to see that tribution to California’s water supply was dur- cise for any government to admit its own we aren’t just followers, but a group of moti- ing his role as the Metropolitan Water District’s wrongdoing or the wrongdoings of the majority vated youth seeking to make Columbia a bet- vice president of Colorado River resources, society—we know this, too. But Romani mis- ter place.’’ Among their many volunteering ac- which he was instrumental in the development trust of government institutions will only deep- tivities, Tessa and her friends have collected of a plan that would bring the state’s water en if the Slovak Government persists in deny- books for schools, shelters and hospitals, use in compliance within its legal apportion- ing the wrongs perpetrated against their com- gathered food for the homeless and enter- ment of usage from the Colorado River. Addi- munity. tained seniors living in retirement commu- tionally, Mr. Underwood played a central role nities. in negotiating one of the nation’s largest habi- f tat conservation programs covering 27 species Tessa was recently recognized for her ef- along approximately 450 miles of the lower CONGRATULATING THE VENICE forts. Every year, Nestle´ honors outstanding Colorado River. During his brief tenure as HIGH SCHOOL LADIES’ young women and men for philanthropic activi- CEO and general manager of the Metropolitan VOLLEYBALL TEAM ties in their local community. Out of 158 appli- Water District, Mr. Underwood launched initia- cants, Nestle´ selects 24 young people for their tives that sought to further enhance relation- HON. KATHERINE HARRIS Very Best in Youth award. This year, Nestle´ ships with public agencies as well as seeking OF FLORIDA picked Tessa as one of the nation’s Very Best new partners to preserve California’s water fu- IN THE HOUSE OF REPRESENTATIVES in Youth. I could not be prouder of this young ture. woman. Not only has she dedicated significant Friday, November 18, 2005 Dennis Underwood’s desire to serve his amounts of her free time to helping out those country expanded beyond public service as he Ms. HARRIS. Mr. Speaker, I rise today to who are less fortunate, Tessa has also honorably served in the military during the congratulate the Venice High School Lady In- amassed an impressive academic record, in- Vietnam War as a captain with the U.S. Army dians volleyball team, on their recent victory in cluding earning straight A’s, receiving pres- Corps of Engineers. Mr. Underwood won the the 2006 Class 5A state volleyball champion- tigious academic achievements and winning admiration of his colleagues through his re- ship. an award in the National PTA Reflections spectful interaction and clear sense of leader- The team’s 26–7 regular season record and Essay Contest. I have no doubt she will be ship; qualities which he carried with him later championship victory certainly deserve ap- highly successful in whatever career she pur- in life. plause; however, the manner in which they sues, although a budding passion for literature achieved their goal truly makes them cham- Mr. Speaker, please join me in honoring the and creative writing could lead her to become life of Dennis B. Underwood and recognizing pions. a novelist. These volunteering experiences will Under the leadership of Coach Brian the lasting contributions and accomplishments surely provide Tessa excellent material to that highlighted his career in water resource Wheatley, this band of sisters turned a poten- draw from in her writing. tially disappointing season into a modern-day development and management. Cinderella story. Runners-up in 2004, the After seeing the devastation of Hurricane f Katrina, Tessa organized a Ride/Walk fund- team began the season with only two return- TRIBUTE FOR THE AMERICAN AND ing starters, offering little hope for anything raising event in Columbia to help those in the Gulf Coast affected by the hurricane. Nestle´ INTERNATIONAL SOCIETIES FOR more than a ‘‘rebuilding’’ season. However, a YAD VASHEM little hope and a lot of grit and determination generously agreed to match whatever funds was all this team needed. were raised. Out of the $210,000 raised na- They saw in each other the desire to suc- tionwide, Tessa and her Ride/Walk event net- HON. DEBBIE WASSERMAN SCHULTZ OF FLORIDA ceed, the willingness to sacrifice and the wis- ted $71,000. The combined $420,000 has IN THE HOUSE OF REPRESENTATIVES dom to work as a team; with perseverance been donated to the American Red Cross Hur- and commitment to each other, they refused ricane Katrina Relief Fund, which has been in- Friday, November 18, 2005 to give up. valuable to aiding the plight of storm victims. Ms. WASSERMAN SCHULTZ. Mr. Speaker, In the end, the season was a learning expe- I am always amazed at the generosity, benev- I rise to express my support and admiration rience. And it was an experience in which the olence and leadership of to day’s youth. With for the American and International Societies entire community shared. The Lady Indians people like Tessa and the other Nestle´ youth for Yad Vashem, which will convene for their deserve their championship, and they deserve recipients, I strongly believe the future of our Annual Tribute Dinner on November 20th in our thanks for a season of inspiration. nation is in good hands. New York. The American and International So- The members of the 2005 Venice High I hope my colleagues share in my admira- cieties for Yad Vashem are the development School Varsity volleyball team are: Leah Bodi, tion of Tessa’s good works and encourage all arms of Yad Vashem, the Holocaust Martyrs’ Marla Cooke, Dana Dumas, Natalie Gaudreau, Americans to follow this fine young woman’s and Heroes’ Remembrance Authority in Jeru- Ashley Graf, Nickie Halbert, Julie Howlett, lead and get involved with chritable works in salem, Israel. Casie Richards, Casey Taylor, Michaela communities and neighborhoods across our The American and International Societies for Trimble, and Danielle Witte. great land. Yad Vashem provide a great service to the

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.047 E18NOPT1 E2416 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 United States and the entire world. Through and Seattle. LGA’s rule was enacted by the HOUSE OF REPRESENTATIVES, Yad Vashem’s collection of testimonies from Port Authority of New York and New Jersey COMMITTEE ON FINANCIAL SERVICES, Holocaust survivors and families to the data- with an exception already contained therein— Washington, DC, November 17, 2005. Hon. WILLIAM THOMAS, base of victims’ names, they work to restore for flights between Denver and LGA. It was Chairman, Committee on Ways and Means, the dignity of those who perished and suffered justified on the basis of ground congestion, i.e. House of Representatives, Washington, DC. at the hands of the Nazis. Through continuous automobiles. The old road network that gave DEAR CHAIRMAN THOMAS: I have received documentation, Yad Vashem honors the lives rise to this excuse has long since been re- your letter concerning H.R. 4337, the ‘‘Gulf and accomplishments of Holocaust survivors. placed with the help of federal money. Opportunity Zone Public Finance Relief Act Additionally, they develop educational pro- of 2005,’’ which the House passed last night. In fact, a 1999 study by the Transportation The bill was also introduced yesterday and grams to ensure that future generations never Research Board stated that perimeter rules was referred to the Committee on Ways and forget the lessons of the Holocaust. ‘‘no longer serve their original purpose and Means. This past year, thanks to the help of devel- have produced too many adverse side effects, I appreciate your recognition that the opment efforts by the American and Inter- including barriers to competition . . . The Committee on Financial Services has a juris- dictional interest in section 4 of the bill. national Societies for Yad Vashem, the mu- rules arbitrarily prevent some airlines from ex- seum celebrated the grand opening of the new This section allows for the Federal guar- tending their networks to these airports; they antee of certain State bonds. However, I un- Holocaust History Museum at Yad Vashem. discourage competition among the airports in derstand that the need to move this bill ex- This phenomenal museum uses technology the region and among the airlines that use peditiously did not permit consideration of and symbolism to convey the story of Euro- these airports; and they are subject to chronic the bill by this Committee. It is my under- pean Jewry during the Holocaust. attempts by special interest groups to obtain standing this procedure will not prejudice This year’s Annual Tribute Dinner will honor exemptions.’’ the Committee on Financial Services with two outstanding couples who have impacted respect to its prerogatives on this or similar That same year, the Government Account- the lives of countless individuals across gen- legislation. I appreciate your support for a ability Office (GAO) stated that the ‘‘practical request for conferees from this Committee in erations, Mindy and Ira Mitzner of Houston, effect’’ of the perimeter rule ‘‘has been to limit the event of a House-Senate conference. Texas, and Marilyn and Barry Rubenstein of entry’’ of other carriers. The GAO found that I hope that this exchange of correspond- Brookville, New York. Through their tireless ef- ence will appear in the Congressional airfares at LaGuardia and Washington Na- forts, these couples have made remembering Record. Thank you for your assistance in tional are approximately 50 percent higher on the Holocaust a sacred legacy. Their lives re- this matter. average than fares at similar airports uncon- flect the understanding that our society must Your truly, strained by the perimeter rule. MICHAEL G. OXLEY, heal and remember in order to prevent this ca- Chairman. tastrophe from repeating itself. Mr. Speaker, I have introduced this legisla- I applaud the American and International tion to promote more consumer choice and f Societies for Yad Vashem for their vital work lower airfares for not only my own constitu- IN HONOR OF HICKORY FIRST AS- in honoring the memory and legacy of Holo- ents, but for all of our air travelers. SEMBLY OF GOD’S DEDICATION caust victims and survivors. TO SERVICE f f HON. PATRICK T. McHENRY LEGISLATION TO ABOLISH GULF OPPORTUNITY ZONE PUBLIC OF NORTH CAROLINA AVIATION BARRIERS FINANCE RELIEF ACT OF 2005 IN THE HOUSE OF REPRESENTATIVES Friday, November 18, 2005 HON. JON C. PORTER SPEECH OF Mr. MCHENRY. Mr. Speaker, in recognition OF NEVADA HON. WILLIAM M. THOMAS of their new building dedication on November IN THE HOUSE OF REPRESENTATIVES 20, 2005, I commend Hickory First Assembly OF CALIFORNIA Friday, November 18, 2005 of God for their committed service to commu- IN THE HOUSE OF REPRESENTATIVES Mr. PORTER. Mr. Speaker, today I am nities locally and globally for almost 50 years. The first small group of faithful believers set proud to have introduced the ‘‘Abolishing Avia- Wednesday, November 16, 2005 the standard for selfless service that church tion Barriers Act of 2005’’. members today still honor and follow. Currently there are two laws governing com- Mr. THOMAS. Mr. Speaker, I submit the fol- Pastor Brian Campbell, the devoted pastoral mercial aviation in the U.S. based on miles of lowing correspondence for the RECORD. HOUSE OF REPRESENTATIVES, staff, and a team of church members have flight restrictions. One governs the use of New COMMITTEE ON WAYS AND MEANS, worked together to plan a new space with ad- York’s LaGuardia Airport (LGA) and the other Washington, DC, November 17, 2005. ditional seating in the sanctuary and more governs usage of Washington, D.C.’s Reagan Hon. MICHAEL G. OXLEY, room for fellowship in the foyer, offices and National Airport (DCA). Restrictions exist at Chairman, Committee on Financial Services, Washington, DC. nurseries. The expansions are part of Hickory LaGuardia on the departure or arrival of non- First Assembly’s efforts to continue the mis- stop flights to or from airports that are farther DEAR CHAIRMAN OXLEY: I am writing con- sion of Acts 1:8, which says ‘‘But you will re- then 1,500 miles from LGA. Reagan National cerning H.R. 4337, the ‘‘Gulf Opportunity Zone Public Finance Relief Act of 2005,’’ ceive power when the Holy Spirit comes on has a similar restriction for non-stop flights to you; and you will be my witnesses in Jeru- or from airports 1,250 miles from DCA. These which passed the House last night by unani- mous consent. salem, and in all Judea and Samaria, and to restrictions are commonly referred to as ‘‘pe- the ends of the earth.’’ Section 4 of the bill allows for the Federal rimeter rules.’’ Locally, the church reaches out to those in The original purpose of these perimeter guarantee of certain State bonds. I recognize the Committee on Financial Service’s juris- need by organizing teams to serve in the com- rules was to restrict LGA and DCA airports to dictional interest in Section 4 of the bill, and munity. Nationally, church teams ministered in business travelers flying to and from East agree that by allowing the bill to be passed, the Gulf Coast region after Hurricane Katrina; Coast and Midwest cities and to promote traf- the Committee on Financial Services does And internationally members actively partici- fic to other, newer airports by diverting long not relinquish any jurisdiction over H.R. 4337 pate in foreign missions through financial giv- haul flights to Newark and Kennedy airports in or similar legislation. I would also support ing and traveling with groups to different coun- the New York area and Dulles airport in the your request to be represented on a con- tries in need. Washington, D.C. area. However, over the ference on H.R. 4337, if one should become As Christians, we are called to do great necessary. years, the federal government has made many things for God. Living in a free nation, we changes and granted numerous exceptions to Finally, I will include this letter and your have the privilege to practice our faith and the perimeter rule at DCA because the air response in the Congressional Record under make a difference in the lives of others. Truly traveling public is eager for travel options. the portion for floor consideration of this measure. a gateway church, Hickory First Assembly Today, there are nonstop flights between Best regards, demonstrates a positive influence on the com- Washington Reagan National and Denver, Las BILL THOMAS, munity by consistently communicating and liv- Vegas, Los Angeles, Phoenix, Salt Lake City Chairman. ing out biblical values.

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.051 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2417 COMMEMORATING THE 50TH ANNI- known and well-funded challenger in her first the new building was held on January 29, VERSARY OF THE SOROPTIMIST election in 1997 and won re-election to her 1911. In 1916 the Epiphany Mission sought fi- WOMEN OF GARLAND seat in three succeeding elections. nancial independence from Grace Episcopal Jeanne Chase is a longtime member of the Church and in 1930 Epiphany was admitted to HON. JEB HENSARLING Legislature’s Public Safety committee, and has the Diocese after an ecclesiastical separation always placed the safety of her constituents from Grace Church. While located on Pierson OF TEXAS as a top priority. As Chair of the Legislature’s Street, the church served as the congrega- IN THE HOUSE OF REPRESENTATIVES Public Safety committee from 2002 to 2003, tion’s spiritual home under the leadership of Friday, November 18, 2005 Erie County moved forward with the construc- five rectors; The Rev. John H. Edwards, The Mr. HENSARLING. Mr. Speaker, today, I tion of the state-of-the-art Public Safety Cam- Rev. Leonard Harris, The Rev. James E. Wil- would like to help celebrate the 50th anniver- pus, which, when completed, will become the liams, The Rev. A. Warren Bridgeman. Since sary of the Soroptimist Women of Garland. communications center and focal point for all 1987, the Reverend Canon Gervais A.M. Soroptimist International was founded in 1921 police, fire and emergency services in our re- Clarke, Ph.D. has served as Epiphany’s sixth as an international organization of business gion. A longtime supporter of crime victims’ Rector at its present location on Main Street, and young professionals who work to improve rights, Jeanne has supported initiatives that in- Orange. the lives of fellow women and girls. In 1954, crease protection for crime victims throughout On December 14, 1986, following the dis- the Soroptimist Club of Garland was chartered New York State, and worked to establish a solution of Grace Church by the Diocese of with Mrs. Lillie Alma Bradfield serving as the Domestic Violence Satellite Office in the Newark, Epiphany moved to the old Grace first president. Southtowns. Jeanne has seen many public ac- Church building at 105 Main Street. In an ef- Today the Soroptimist Women of Garland complishments but cites as her greatest ac- fort to honor and retain Epiphany’s history and are dedicated to providing service opportuni- complishments her family. Husband Rob and create a new home that would provide a place ties to women focusing their service endeav- daughter Chelsea are proud of Jeanne’s serv- for worship, fellowship, education and out- ors on the local community. They support ice to her constituents, and we are as well. reach, the congregation incorporated a marble community projects ranging from renovating Jeanne Chase has chosen not to leave pub- altar, pipe organ, and other furnishings from domestic violence shelters and providing lic service. She is applying her experience in Epiphany’s original properties into the ren- mammograms for low-income women, to the field of real estate to her service as Town ovated church. With pride, Epiphany cele- sponsoring self-esteem workshops for teenage Assessor in the Town of Evans. I am proud brated its first service on Main Street in Janu- girls. In addition, the Soroptimist Women of and grateful, Mr. Speaker, to call to the ary 1987. Garland raise funds to support charities such House’s attention the dedicated public service Mr. Speaker, I know my colleagues agree as Meals on Wheels and scholarships for stu- of Erie County Legislator Jeanne Chase, and that the Church of the Epiphany has every dents from the Garland Independent School I am certain that the whole House would join right to be proud of the lasting contributions District. me in offering to Jeanne and to her entire that it has made to the residents of Orange. family wishes of good luck and Godspeed in The Soroptimist Women of Garland are truly Overcoming obstacles caused by segregation the months and years to come. helping make our community and our country and demographic change, and addressing the a better place to live. As the Congressional f needs of its neighbors are the legacy of representative for this outstanding service or- Epiphany’s forefathers and mothers. I rise TRIBUTE TO THE CHURCH OF THE today to honor Epiphanites, who for 100 years ganization, it is my pleasure to honor them as EPIPHANY 100TH ANNIVERSARY they celebrate their 50th anniversary. have steadfastly and faithfully created a com- munity of worship and service in Orange. f HON. DONALD M. PAYNE HONORING RETIRING ERIE COUN- OF NEW JERSEY f TY LEGISLATOR JEANNE Z. IN THE HOUSE OF REPRESENTATIVES CHASE RECOGNITION OF THE CENTRAL Friday, November 18, 2005 HIGH SCHOOL VOLLEYBALL TEAM Mr. PAYNE. Mr. Speaker, I ask my col- HON. BRIAN HIGGINS leagues here in the House of Representatives OF NEW YORK to join me as I rise to acknowledge the Church HON. JOHN SHIMKUS OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES of the Epiphany which will launch a year-long celebration of events and activities celebrating IN THE HOUSE OF REPRESENTATIVES Friday, November 18, 2005 100 years as a parish in Orange, New Jersey Friday, November 18, 2005 Mr. HIGGINS. Mr. Speaker, I rise to honor on Sunday, November 20, 2005. the public service of Erie County Legislator The Church of the Epiphany represents the Mr. SHIMKUS. Mr. Speaker, I rise today to Jeanne Z. Chase, who has served the resi- faith and fortitude of New Jersey’s African- pay tribute to an outstanding group of young dents of the Erie County Legislature’s 12th American Episcopalians living in the Oranges. women from Southern Illinois. The Central Legislative district, which currently includes the It began as a Sunday school for ‘‘colored’’ High School volleyball team from Breese, Illi- towns of Boston, Brant, Eden, Evans, Ham- children in November 1905. Miss Ruth Marsh nois, won the 2005 Class A State champion- burg, and North Collins, since her initial ap- of Grace Church, located on Main Street in ship on November 12, after going through the pointment in 1997, and who will leave the Leg- Orange, founded the Sunday school program State finals without losing a single game. The islature at the conclusion of her current term and taught its 7 students. Through the efforts Cougars finished the season with 33 wins and at the end of this year. of Grace church’s sexton, Mr. Thomas John- 9 losses. Jeanne Chase has been, above all else, son, the Sunday school developed into the Mr. Speaker, I want to congratulate Head someone dedicated to the sound and effective Epiphany Mission with a small congregation Coach Jim Cook and assistant coach Kelly representation of her constituents, all of whom led by the rectors of Grace Church. By 1908, Potthast on a truly outstanding season. Most are also residents of the 27th Congressional Lay Reader George Marshall Plaskett, an Afri- of all, I want to recognize the members of the district. It is her commitment to her constitu- can American student in the General Theo- 2005 State champion Breese Central Cougars ents and to her community at large that has logical Seminary held the services under the volleyball team: Britni Holtmann, Melanie always impressed me about Jeanne Chase, direction of the Grace Church Rector. Father Gartside, Bethany Becker, Sarah Barth, and it is why I am delighted to honor her serv- Plaskett went on to lead Epiphany as its rector Megan Winkeler, Cassy Becker, Lindsay ice to Erie County today. for 50 years after his ordination and entrance Holtmann, Amanda Backes, Lauren Endres, Jeanne Chase is a lifelong resident of the into the priesthood. Under his leadership, Kelsi Scheer, Kelsey Straeter, Lauren Budde, Town of Evans. A graduate of Immaculata Epiphany thrived as an active and integral part Cassandra Deiters, Brittany Schrage, Kassi Academy, and SUNY Fredonia, Jeanne of the community providing spiritual education Buehne. worked in the private sector for many years and guidance, and community service. These young women did an exceptional job before seeking appointment to the 12th district In 1909 Epiphany’s congregation purchased of representing themselves, their school and seat upon the resignation of then-Legislator a lot on the corner of South Center and Pier- their community, and I wish them best of luck Bert Villarini in 1997. Jeanne defeated a well- son Streets in Orange and the first service in in all of their future endeavors.

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.056 E18NOPT1 E2418 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 HONORING DAVID KRAMER Berkeley, St. Vincent’s School, Irwin Memorial Work For’’ in Texas, as named by Texas Blood Bank, Sunny Hills, and Alameda County Monthly, the Texas Association of Business HON. BARBARA LEE chapters of SEIU, and was elected to the Ex- and the Society for Human Resource Manage- OF CALIFORNIA ecutive Committee of the Central Labor Coun- ment. IN THE HOUSE OF REPRESENTATIVES cil of Alameda in 1975. In the following year, Founded in 1945, Ebby Halliday Realtors David underwent an intense and unforgettable began as a single office operation that now Friday, November 18, 2005 experience in which a 49-day strike involving consists of 28 branches and serves 12,000 Ms. LEE. Mr. Speaker, I rise today to honor 5,000 members took place, the longest coun- square miles in North Texas. Today, Ebby the extraordinary life and achievements of ty-wide strike in California history. In October Halliday Realtors is the 20th largest inde- David P. Kramer of Oakland, California. 1976, he became the Executive Director of pendent residential real estate company in the Serving the working people of California for SEIU Local 616, where he served until May of nation and the single largest in Texas. In 34 years, David Kramer has been known 1980. He ultimately resigned from 616 in order 2004, their 1,500 sales associates and staff throughout his career for his dedication to civil to pursue a career as a self-employed car- assisted more than 18,000 families in finding rights as well as his unwavering commitment penter. new homes. to the labor movement. Today our community In 1982, David returned to the labor move- Ebby Halliday has also remained an active comes together to celebrate his career and ment and joined the Alameda County Tri-Local and important member of our community. Her achievements on the occasion of his retire- agency shop campaign to serve as an orga- civic and professional endeavors have earned ment from SEIU Local 535 in Berkeley, Cali- nizer, and in 1983 he once again became an her the highest recognition and awards. I am fornia. organizer for Local 535, albeit for only a short proud to honor Ebby Halliday and her valuable David Kramer was born in Pittsburgh, Penn- period of time. During this time, he aided in contributions to the real estate industry and sylvania in 1941. After graduating from Scott the largest union security election in the his- her community in the United States House of High School in North Braddock, Pennsylvania tory of the labor movement to date, involving Representatives. in 1959, he attended the Carnegie Institute of more than 80,000 State workers and four bar- f Technology, now known as Carnegie Mellon gaining units, of which 3 were won. University. Following his studies there, he was When David permanently returned to Local RECOGNIZING MAYOR MICHAEL hired by the Ford Motor Company, where he 535, he succeeded in organizing the North MILLER worked toward honing the skills he had ac- Bay Regional Center. He also made negotia- quired in school. However, in 1964 he quit his tions for the first contract for the Clinica de la HON. HILDA L. SOLIS job and immersed himself in the burgeoning Raza, and served the San Francisco chapter OF CALIFORNIA civil rights movement that was gaining of Local 535 for 2 years. In November 1988, IN THE HOUSE OF REPRESENTATIVES strength throughout the United States. he became the northern regional director of As part of the Congress of Racial Equality Local 535, where he supervised 14 field staffs Friday, November 18, 2005 (CORE), David was involved in countless pick- in 535’s Sacramento, Oakland, Santa Clara, Ms. SOLIS. Mr. Speaker, I rise today to rec- eting and protest efforts that were aimed at and Fresno offices. David Kramer was eventu- ognize Mr. Michael Miller of West Covina, achieving integration and equal employment. ally named Executive Director of Local 535 in California. Mr. Miller was first elected to serve He was part of a crew of 60 involved in testing the fall of 1996. Less than a year later in June the citizens of West Covina in March of 2001 and enforcing the Civil Rights Act of 1964 of 1997, he was elected to serve on the and is completing his service as Mayor to the through the integration of public facilities and SEIU’s International Executive Board, a posi- city this December. voter registration procedures in Monroe, West tion he will continue to hold until February Mr. Miller has a long history of service to his Monroe, New Rhodes, and Baton Rouge, 2006. community. Mr. Miller worked for the City of among other places in Louisiana. When he re- David also serves our community on the Garden Grove for 8 years and continued his turned to Detroit in the spring of 1965, he be- Oakland Board of Port Commissioners, a post service for the City of West Covina serving in came the first community organizer to work for to which he was nominated by former Oakland the planning and development of the commu- the West Central Organization, which rallied Mayor Elihu Harris. He has been reappointed nity. His distinguished service of 24 years in members of the African American and rural three times since, making his record fourth ap- the City of West Covina’s Office of Planning, Appalachian communities, together with neigh- pointment a first in the history of the Port of Public and Environmental Services was fol- borhood churches, union halls, block clubs, Oakland, and making David the Port’s longest lowed by an elected position to West Covina and social organizations. This coalition orga- serving commissioner. City Council for 4 years marked by merit. Mr. nized around issues such as school and police Today David Kramer’s family, friends and Miller also owns a small consulting business community relations, tenant rights, and urban colleagues come together to celebrate the im- which addresses environmental and municipal renewal. pact of his life and work not only on the innu- issues affecting cities, individuals and small In 1967, David enrolled in the University of merable lives, particularly the lives of working businesses. Michigan Graduate School of Social Work, people, he has touched here in Alameda Mr. Miller’s service extends beyond his du- where he graduated with a Masters of Social County, but the lasting effects his dedication ties as an elected official and city staff mem- Work degree in Community Organizing in and leadership have had and will continue to ber. He serves as Director and Board Member 1968. As part of his studies, he served in the have on our community. On behalf of the 9th of the California Waste Association; Director Wayne County Office of Equal Opportunity Congressional District of California, I salute and Board Member of Southern California and Detroit People Against Racism (PAR), an and thank David Kramer for his invaluable Waste Management Forum; and member of organization of which he eventually served as contributions to the people of Alameda Coun- the Southern California Council for Environ- the executive director. During this time he also ty, the 9th Congressional District, the State of ment and Economic Development. Mr. Miller is became deeply involved in the anti-Vietnam California and our entire country. a member of the Lyons Club, serving as Presi- War movement, participating in demonstra- f dent from 1977–1978; member of the Citrus tions across the country, including at the HONORING EBBY HALLIDAY ACERS Valley Health Foundation 2100 Club, serving Democratic Convention in 1968. as President from 1999–2000; Director and In 1969 he worked as a ‘‘lumper’’ on the Board Member of the West Covina Historical night shift in a warehouse in Detroit, where he HON. JEB HENSARLING Society; House Supervisor for the Heritage OF TEXAS began to get more involved with the labor House Restoration; Committee Member of the IN THE HOUSE OF REPRESENTATIVES movement as a member of Teamsters Local West Covina Chamber of Commerce Eco- 299 and from which he still holds his honor- Friday, November 18, 2005 nomic Development and Government Affairs; able withdraw card. In 1971, David was ap- Mr. HENSARLING. Mr. Speaker, I rise today Committee Member of the YWCA Women of pointed as a field representative of SEIU Local to recognize the exceptional leadership and Achievement; and Committee Member of the 535. His was first assigned to represent the outstandIng achievements of Ebby Halliday West Covina Rose Parade Float. Santa Clara County social workers and to or- Acers, founder of Ebby Halliday Realtors. I For his many contributions, Mr. Miller has ganize county eligibility workers for Local 535, would like to congratulate her on 60 years of been named West Covina Citizen of the Year and was instrumental in securing representa- extraordinary service to the North Texas com- (1998), West Covina Volunteer of the Year, tion rights for the workers. From 1971 to 1976, munity and to the real estate industry at large. Recreational Services (1999) and CovinaWest David worked with the Santa Clara County, Ebby Halliday Realtors was recently hon- Covina Coordinating Council Volunteer of the Sacramento County, Stanislaus County, ored as one of the ‘‘50 Best Companies to Year (1999).

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.060 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2419 In addition to his service to the community, summer, working out of her parents’ home, HONORING THE CEDAR CREEK Mr. Miller has been a devoted and loving hus- she had a brief stint as Jefferson County vol- ROTARY CLUB band to his wife Rosella of 37 years and fa- unteer campaign manager for my father’s un- ther to his two children Melissa and Kevin. It successful bid to be Governor of Texas. HON. JEB HENSARLING is with pleasure that I recognize Mr. Michael In the Fall of 1961, she returned to San An- OF TEXAS Miller for his significant contributions and note- tonio as a permanent resident and cam- IN THE HOUSE OF REPRESENTATIVES worthy dedication and service to his commu- paigned in my father’s bid to be the first His- Friday, November 18, 2005 nity. panic from Texas to be elected to Congress Mr. HENSARLING. Mr. Speaker, today, I f where he served in the House for 37 years, and for the most part of those years, Gail would like to help celebrate two significant an- TRIBUTE TO GAIL JOYCE BEAGLE served him and the 20th Congressional Dis- niversaries of Rotary International. This year, trict of Texas as the Chief of Staff and Press Rotary International celebrated its 100th anni- HON. CHARLES A. GONZALEZ Secretary in Washington, returning home to versary. From its humble roots in Chicago, Illi- OF TEXAS San Antonio from time to time. Among many nois, Rotary has grown into a worldwide orga- IN THE HOUSE OF REPRESENTATIVES achievements for the people, as well as for my nization of business and professional leaders who provide humanitarian service, encourage Friday, November 18, 2005 father, she was instrumental in his decision to be the first Member of Congress, south of the high ethical standards in all vocations, and Mr. GONZALEZ. Mr. Speaker, my distin- Mason Dixon line, to hire the first black con- help build goodwill and peace in the world. guished colleagues; it is a special honor that gressional staff member. The staff member Since 1943, Rotary International has distrib- I pay tribute today to a great American and was the late Cora Faye Clayton, a graduate of uted more than $1.1 billion to combat Polio, civil rights activist since the 1950’s, Gail Joyce Our Lady of the Lake University in San Anto- promote cultural exchanges and encourage Beagle, who celebrates her 70th birthday on nio, who served for 30 years, first in Wash- community service. November 25th. ington and then in San Antonio, with honor I also want to recognize the Cedar Creek Gail, who I have known and counted as a and distinction. Additional milestones for Gail Rotary Club for their 19 years of service to friend for at least 46 years, had a long and included completion of a Master of Arts de- Henderson County. Throughout its history, the distinguished career in appointive public serv- gree in Legislative Affairs (MALA) from Cedar Creek Rotary Club has achieved great ice, but since her retirement, continues to George Washington University. success in carrying out the mission of Rotary work for the public good in a variety of capac- Earlier in Austin, Gail had served on the International. The Cedar Creek Rotary Club has raised ities. State Executive Committee of the Young money to provide scholarships for local youth, Born in Beaumont, Texas on November 25, Democrats of Texas and was involved in exchange programs, and faculty and student 1935, she was reared at Nederland on land many civil rights demonstrations in 1959–61, luncheons. Their support in the community her maternal grandfather, Martin Block, had including several at a University of Texas can be seen through their involvement in local earlier farmed for many years. Upon gradua- campus area movie house which would not organizations. They helped start the Genesis tion from high school, she entered Texas sell tickets to blacks, even if they were stu- Center for abused women. In addition, they Woman’s University at Denton where she dents at UT. Further, the restaurants there strongly support organizations, such as the graduated with a bachelor’s degree in jour- would not serve blacks unless they had a UT Rainbow Room, Toys for Tots, local school nalism in 1958. At TWU she held various posi- student ID card. Gail says a State senator one programs and the YMCA. tions, including Day Editor, on the campus time got out of his car, walked down the line Through these initiatives, the Cedar Creek newspaper, the Daily Lass-O. Her academic observing the young demonstrators at the Rotary Club exemplifies the values of service standing in journalism resulted in her selection movie house, and then harassed them, as he and charity that lie at the heart of American for membership in the honorary fraternity for walked away denouncing them, under his society. As the Congressional representative women in journalism called Theta Sigma Phi breath, as a ‘‘bunch of communists.’’ When of the members of this outstanding organiza- (now called Association of Women in Commu- Gail came to Washington with my father in tion, it is my distinct pleasure to honor them nications). (At the turn of the last century late 1961, she, as well as other women, was today in the United States House of Rep- women were not allowed in the then all-male denied membership in several organizations, resentatives. journalism societies so it was necessary to es- including the Texas Breakfast Club, a Wash- tablish a separate journalism fraternity for ington discussion group. It took years for f women—with its beginnings at the University those barriers for women to come down! HONORING RETIRING ERIE COUN- of Washington at Seattle. ) Currently, Gail is president of the Henry B. TY LEGISLATOR TIMOTHY When Gail’s journalism professors in 1957 Gonzalez Foundation for Inspiring Public Serv- WROBLEWSKI told her she could not editorialize in the cam- ice which seeks to establish, at the downtown pus newspaper as to why TWU accepted campus of the University of Texas at San An- HON. BRIAN HIGGINS young women as students from all over the tonio, a center, named for my father, for Public world, but no black women were at the State OF NEW YORK Service, Integrity and Courage. She is also the IN THE HOUSE OF REPRESENTATIVES institution of higher learning, she, in turn, Democratic chair for my precinct, and is active Friday, November 18, 2005 posed this question in an editorial in the Meth- in many social, religious, and public service odist Student Movement’s newsletter as to endeavors. For a few months she was the in- Mr. HIGGINS. Mr. Speaker, today I rise to why there were no black women at TWU. Dur- terim director of the Guadalupe Community honor a friend and fellow public official whose ing that time she was president of the Meth- Center that serves a poor neighborhood in my service has I been exemplary and whose com- odist college group for both TWU and North district. mitment to the residents and taxpayers of the Texas State University. Gail, your record of service and achieve- towns of West Seneca and Cheektowaga, and As the result of this effort, the TWU presi- ments could fill a book. I congratulate you and the residents of the county of Erie at large, dent and a few of his advisory committee fac- wish you a happy and healthy 70th birthday, has been commendable. Today, I wish to ulty members were not happy with her, but with many more to come! honor the service of retiring Erie County Legis- she weathered the storm, and continued her f lator Timothy Wroblewski. integration effort. While working in 1959 for my Tim Wroblewski began his career as an father, the late Henry B. Gonzalez, then a PERSONAL EXPLANATION elected official as a member of the West Sen- State senator, who represented San Antonio eca Town Board. During that service, Tim at Austin, she got a nice telegram from a TWU HON. JEFF FORTENBERRY worked with local officials to make West Sen- history professor, congratulating her and tell- OF NEBRASKA eca’s government among the most efficient ing her that TWU was to accept its first black IN THE HOUSE OF REPRESENTATIVES and effective local governments in New York female students in the fall of 1959. State—forging relationships across party lines During the summer of 1957, she was a Friday, November 18, 2005 and working cooperatively with civic, govern- Texas Daily Newspaper Association intern on Mr. FORTENBERRY. Mr. Speaker, on ment and community leaders to make West the San Antonio Light newspaper, but after Thursday, November 17, 2005, I was unavoid- Seneca government the envy of local govern- college graduation, she did not immediately ably detained due to a death in my family and ments statewide. return to San Antonio, but landed her first job thus missed rollcall vote No. 600. Had I been With an open-seat election for the ninth leg- in Austin in late summer 1958. Earlier that present, I would have voted ‘‘aye.’’ islative district seat available in 2004, Tim

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.062 E18NOPT1 E2420 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 Wroblewski entered the race for the County tective Metzler, a 10-year veteran of the Alton for over 58 years, Mr. and Mrs. Gee have Legislature and took office in January 2004. Police Department, was recently awarded the three daughters and one son, all of whom are Since his election to the legislature, Tim Pastor Paul-Gerhard Braune Award for his currently living or working in the city of Oak- served as a strong voice on behalf of Erie work on the department’s Crisis Intervention land as active and productive members of our County’s taxpayers. Tim’s commitment to his Team, CIT. This State-level award is from the community. constituency was admirable, and I have al- National Alliance on Mental Illness of Illinois. Mr. Gee is retired now and spends his time ways valued his friendship, both on a personal CIT officers, like Detective Metzler, respond keeping up with local and national politics. At as well as a professional level. to situations concerning people in a crisis. De- almost 80 years old, he still votes regularly The residents of the towns of West Seneca tective Metzler has used his training at a CIT and remains civically engaged in the country and South Cheektowaga are better for the office to prevent individuals from committing that he served in the U.S. Army more than 60 service provided to them by Tim Wroblewski, suicide and has also helped to bring calm to years ago. and I want to thank you, Mr. Speaker, for this other dangerous situations. opportunity to recognize the accomplishments Aside from his work as a CIT officer, he On this very special occasion, Mr. Gee’s of a responsible and effective public official. also serves as the Alton public school police- friends and family will come together not only f school liaison. As well, he travels to other to celebrate his birthday, but to present him with his hard-earned and well-deserved mili- TRIBUTE TO MS. JORDAN ROWAN States to train officers about crisis interven- tion. tary service medals over six decades after his I am pleased to thank Detective Metzler for honorable discharge. On behalf of California’s HON. DONALD M. PAYNE his outstanding work. I congratulate him on his Ninth Congressional District, I would like to OF NEW JERSEY award. take this opportunity to salute and thank Mr. IN THE HOUSE OF REPRESENTATIVES f Suey W. Gee for his brave service to our Friday, November 18, 2005 country, and for his invaluable contributions to HONORING SUEY GEE Mr. PAYNE. Mr. Speaker, I am proud to rise our community. today to congratulate an extraordinary em- ployee of mine who is unfortunately leaving HON. BARBARA LEE f our office this Thursday, November 17, 2005. OF CALIFORNIA Ms. Jordan Rowan will be leaving our office to IN THE HOUSE OF REPRESENTATIVES RECOGNIZING MR. BENJAMIN S. WONG join her future husband, Mr. Coleman Fannin, Friday, November 18, 2005 in Dayton, OH, as well as to pursue other pro- fessional opportunities. Ms. LEE. Mr. Speaker, I rise today to honor Jordan joined my office in fall 2003 as an in- the extraordinary life and achievements of HON. HILDA L. SOLIS tern and through her hard work, she advanced World War II veteran Suey W. Gee of Oak- OF CALIFORNIA to legislative assistant. Among her many land, CA. This weekend Mr. Gee celebrates areas, she handled environmental issues for his 79th birthday, his 80th birthday according IN THE HOUSE OF REPRESENTATIVES me. We share a great love for the environ- to the Chinese lunar calendar. On this special ment and for its preservation. Therefore, she occasion his friends and family will gather to Friday, November 18, 2005 honor him for the immeasurable contributions has been an indispensable asset to me as the Ms. SOLIS. Mr. Speaker, I rise today to rec- he has made not only to their lives, but also Congress has debated many critical environ- ognize Mr. Benjamin S. Wong of West Covina, to our country. mental bills this year. California. Mr. Wong was first elected to serve Over the 2 years that she has worked for Suey W. Gee was born in Canton, China on the citizens of West Covina in April 1992 and me, she also has gained the necessary skill of November 19, 1926. As a youth, he emigrated served as mayor from 1997–1998. He is cur- deciphering my cryptic questions with even to the United States with his father to find vaguer clues. Any time I needed her to find an work and help support his family back in rently the mayor pro tempore and is com- obscure factoid, I could readily rely upon her. China. In March 1945, at the age of 19, he en- pleting his service to the city as an elected of- She has a big empathetic heart that, many listed into the U.S. Army to aid his newly ficial this December. times, has helped to ground myself and others adopted country during World War II. He Ms. Wong has a long history of service to in my office when a larger perspective was served in the 128th infantry and trained as an the community with membership to various or- greatly needed. In fact, when most other anti-aircraft gunner. His unit was ultimately de- ganizations and boards. He is a member of brides choose to register for wedding gifts to ployed to Hiroshima, Nakasaki and Okinawa the West Covina Lyons (1981–1994); Board of supplement their new lives, she wanted to following the atomic bombings that destroyed Directors and former President of the Cham- help others by registering with Heifer Inter- those cities, where he served as part of the ber of Commerce; the Queen of the Valley national, an organization that provides live- occupation army and helped to facilitate the Foundation; the Queen of the Valley Men’s stock to families in developing countries. Like disarmament of Japan. Club; the Intercommunity Medical Center Heifer International, she believes in giving but Mr. Gee was honorably discharged from Men’s Club, member of the 2100 Club; and giving with the purpose of empowering others military service on November 22, 1946. First Federal Savings and Loan of San Gabriel to better themselves economically and so- Though Mr. Gee was awarded the World War Valley Board of Directors, 1991–present. cially. II Victory Medal, the Asiatic-Pacific Campaign Mr. Wong’s service to the residents of West Mr. Speaker, I invite my colleagues here in Medal and the Army of Occupation Medal Covina includes a broad spectrum of boards the U.S. House of Representatives to join me under President Franklin D. Roosevelt, due to and municipal organizations, all of which ad- in congratulating Ms. Jordan Rowan as she the metal shortage during the war era, in addi- dress issues of commerce, urban development moves on to the next important stage of her tion to the fact that he moved around fre- and revitalization. This service includes the life. While exemplifying professionalism and in- quently in search of work, he did not receive Redevelopment Agency Relocation Appeals tegrity, Jordan has not only brightened my of- his medals at that time. Board; Citizens Committee on Public Services fice but also has assisted me legislatively on In 1948, Mr. Gee traveled back to China many important issues. I am proud to have where he married Sue King Gee, and they and Facilities; Police Commander Interview had her work in my office and wish her never- subsequently returned to the U.S. together. Board; San Gabriel Valley Commerce and Cit- ending success in her future endeavors. Mr. Gee became a proud citizen of the United ies Consortium Board Member, 1992–present; f States of America on September 18, 1957, vice president from 1993–1994; and Foothill and Mrs. Gee became a citizen soon after. Transit Executive Board Member, 1994– TRIBUTE TO DETECTIVE MIKE present. METZLER Like many immigrant families who come to America, Mr. and Mrs. Gee faced many obsta- In addition to his service to the community, cles, overcoming poverty, hardship and dis- Mr. Wong is a devoted and loving husband to HON. JOHN SHIMKUS crimination as they persevered toward achiev- his wife Deborah of 26 years and father to his OF ILLINOIS ing their dreams. They worked in the food three children: Courtney, Justin and Adam. It IN THE HOUSE OF REPRESENTATIVES service, cannery and sewing industry for over is with pleasure that I recognize Mr. Benjamin Friday, November 18, 2005 55 years, remaining steadfastly committed to S. Wong for his significant contributions and Mr. SHIMKUS. Mr. Speaker, I rise today to providing greater opportunities for their chil- noteworthy dedication and service to his com- honor Detective Mike Metzler of Alton, Il. De- dren than what they had themselves. Married munity.

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.067 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2421 FINALIST FOR THE 2005 NURSING Rotary Club has also been very involved in a dinary contributions to the greater Worcester, EXCELLENCE AWARDS local community project building a picnic pavil- Massachusetts community. In a place rich with ion in conjunction with two other local rotary kind people and colorful characters, Brendan HON. CHARLES A. GONZALEZ clubs in honor of Rotary International’s 100th stands apart but certainly not alone. His quick OF TEXAS Anniversary. In addition, they support commu- wit, brilliant sense of humor and boundless IN THE HOUSE OF REPRESENTATIVES nity endeavors such as tutoring programs and compassion have endeared him to countless nursing home visits for senior without family admirers both near and far. This was never Friday, November 18, 2005 members. more evident than at the spectacular 50th Mr. GONZALEZ. Mr. Speaker, I rise today Through these initiatives, the White Rock birthday celebration his wonderful wife Claire to commend Charles Reed, RN, BSN, CNRN, Rotary Club exemplifies the values of service and devoted sons Rory and Eamon hosted for Patient Care Coordinator for the University and charity that lie at the heart of American him at Worcester’s historic Tuckerman Hall on Health System in San Antonio. Every year, society. As the Congressional representative Saturday, October 22, 2005. My wife Lisa and thousands of nurses across the country are of the members of this outstanding organiza- I were honored to attend that unforgettable nominated for the 2005 Nursing Excellence tion, it is my distinct pleasure to honor them evening with scores of Brendan’s family and Awards. The RNs are nominated by their col- today in the United States House of Rep- closest friends. The night was made truly spe- leagues, peers, and managers and selected resentatives. cial by the presence of Brendan’s father, by a panel of nurse leaders. The Nursing Ex- f Sean, who traveled from the family’s native cellence Awards exemplify the best that pro- Limerick City, Ireland; and all four of his sib- fessional nursing has to offer. They bring ini- HONORING RETIRING ERIE COUN- lings—his brothers, John, Kevin and Declan, tiative, ingenuity, and inspiration to their work- TY LEGISLATOR ELISE M. and his sister, Carmel. And while Brendan’s places and communities, setting the standards CUSACK dear departed mother Joan (Horgan) O’Con- for accomplishment in communities, setting nor was not able to be there in person, her the standards for accomplishment in nursing. HON. BRIAN HIGGINS spirit was felt in the festive atmosphere that In addition, the Nursing Excellence Awards OF NEW YORK continued well into the night. All in all, the recognize extraordinary nurses who represent IN THE HOUSE OF REPRESENTATIVES the countless other dedicated nurses who play birthday party was an incredible tribute to Friday, November 18, 2005 a crucial role in the nation’s health care sys- Brendan but it does not reveal the full meas- tem. Mr. Reed’s outstanding performance Mr. HIGGINS. Mr. Speaker, today I rise to ure of the man. earned him a finalist position in this year’s honor the 4 years of elective service by retir- Mr. Speaker, in addition to being a great competition. ing Erie County Legislator Elise M. Cusack. human being, Brendan O’Connor is a also a Mr. Reed rose through the ranks from stu- Legislator Cusack was elected in 2001, re- very successful entrepreneur. As proprietors of dent nurse to patient care coordinator in the placing a man who was then the Legislature’s the renowned O’Connor’s Restaurant and Bar health system and now has duties ranging longest-serving member, William A. Pauly. in Worcester, Brendan and Claire have gra- from meeting staffing needs and coaching, Legislator Cusack’s district includes the towns ciously welcomed thousands upon thousands counseling, and mentoring nurses to man- of Amherst and Tonawanda, but includes a of hungry and thirsty patrons to their establish- aging patient care. He ensures clinical practice small portion of the town of Cheektowaga, ment. Every customer that comes through is kept to the highest standard, frequently by which is located within the 27th Congressional their doors is treated to excellent cuisine ac- working one-one with nurses, and he often District. companied by the sterling service and warm meets with families of ICU patients, once stay- Elise Cusack has been an energetic rep- hospitality the Irish have made famous. In fact, ing over an additional 4 hours to be sure a resentative of her constituents, maintaining a O’Connor’s has grown to become much more full service district office and garnering a rep- family’s concerns were addressed. than just a popular dining destination. It has utation for effective constituent service. Al- I commend Mr. Reed for all the hard work become an institution deeply embedded in the though Legislator Cusack and I sit on different and dedication he gives to his patients at Uni- fabric of the Worcester community. This is due sides of the political aisle, I have always re- versity Health System and I wish him the best in large part to Brendan’s remarkable gift for spected her intellect and her demonstrated of luck next year. making everyone he encounters feel special commitment to her constituents. f and at home. Beginning on January 1, 2006, Elise Cusack HONORING THE WHITE ROCK will be able to don her other governmental However, it is important to note that ROTARY CLUB hat—that of a member of the Board of Trust- Brendan does not reserve his gifts and talents ees of the New York Power Authority—on a for his patrons alone. He has generously given HON. JEB HENSARLING full time basis. As someone with a keen inter- his time and energy to numerous civic and OF TEXAS est in the actions of that public authority, I look charitable causes. As a long-time board mem- IN THE HOUSE OF REPRESENTATIVES forward to many anticipated future opportuni- ber and past-president of the Emerald Club of ties to interact with Legislator Cusack in a pro- Worcester County, Brendan has raised enor- Friday, November 18, 2005 fessional capacity. mous financial support for the clients of the Mr. HENSARLING. Mr. Speaker, today, I In closing, I appreciate this opportunity, Mr. Mercy Centre through the promotion of Irish would like to help celebrate two significant an- Speaker, to rise and honor the service of Leg- cultural events. His tireless efforts on behalf of niversaries of Rotary International. This year, islator Elise Cusack and I want to offer to her, the Emerald Club and the Ancient Order of Hi- Rotary International celebrated its 100th anni- her husband and children my very best wishes bernians earned him the well-deserved honor versary. From its humble roots in Chicago, Illi- of good luck and Godspeed in all of her future of having been previously selected as the nois, Rotary has grown into a worldwide orga- endeavors. Grand Marshal of Worcester’s annual Saint nization of business and professional leaders f Patrick’s Day Parade. Brendan has also who provide humanitarian service, encourage shared his talents with the Worcester area TRIBUTE TO BRENDAN DENIS high ethical standards in all vocations, and youth as a volunteer soccer coach for many help build goodwill and peace in the world. O’CONNOR ON THE OCCASION OF HIS 50TH BIRTHDAY years. His unbridled passion and skillful teach- Since 1943, Rotary International has distrib- ing of the sport have produced numerous uted more than $1.1 billion to combat Polio, championship teams at various competitive promote cultural exchanges and encourage HON. JAMES P. McGOVERN levels. More importantly, he has been a posi- community service. OF MASSACHUSETTS tive guiding force in the lives of an untold I also want to recognize the White Rock Ro- IN THE HOUSE OF REPRESENTATIVES number of young people. tary Club for their 45 years of service to the community. Throughout its history, the White Friday, November 18, 2005 In closing, Mr. Speaker, I would like to sim- Rock Rotary Club has achieved great success Mr. MCGOVERN. Mr. Speaker, as Congress ply say that Brendan O’Connor is among the in carrying out the mission of Rotary Inter- prepares to recess today for the Thanksgiving most beloved figures in my hometown of national. holiday, I wish to take a moment to congratu- Worcester, Massachusetts. His charm is ex- The White Rock Rotary Club has raised late my friend Brendan O’Connor on the re- ceeded only by his devotion to his family and money to support charities and programs, cent occasion of his 50th birthday, November fellow man. I look forward to celebrating many such as Journey of Hope. The White Rock 3, and to express my gratitude for his extraor- more happy occasions with he and his wife

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.072 E18NOPT1 E2422 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 Claire and congratulate him again on this im- strengthened local families through early pro- Through these initiatives, the Rowlett Rotary portant milestone in his life. gram development stages. This work has re- Club exemplifies the values of service and f sulted in a $9.5 million grant. The Child Mental charity that lie at the heart of American soci- Health Initiative Cooperative Agreement with ety. As the Congressional representative of COMMENDING THE FEDERATION the Substance Abuse and Mental Health Serv- the members of this outstanding organization, OF FAMILIES FOR CHILDREN’S ices Administration was entitled Project I it is my distinct pleasure to honor them today MENTAL HEALTH Famagu’on-ta or ‘‘Our Children,’’ in support of in the United States House of Representa- children and youth on Guam affected by tives. HON. MADELEINE Z. BORDALLO S.E.D. As a result of Federation training, OF GUAM Guam Identifies Families Terrific Strengths, f IN THE HOUSE OF REPRESENTATIVES Inc., or G.I.F.T.S. was awarded tax-exempt HONORING RETIRING ERIE COUN- Friday, November 18, 2005 status as a 501(c)(3) non-profit charitable or- ganization in October 2005. TY LEGISLATOR STEVEN P. Ms. BORDALLO. Mr. Speaker, I rise today The development and passing of legislation McCARVILLE to recognize and congratulate the Federation in Guam has further helped to shape and cre- of Families for Children’s Mental Health ate a nationally recognized system of care on HON. BRIAN HIGGINS (FFCMH) upon the occasion of their 17th An- Guam. This legislation has also helped form nual Conference. Their conference will be held G.I.F.T.S. as a new Federation chapter. It is OF NEW YORK this weekend in Washington, D.C., and will be this territorial chapter that is hosting the reg- IN THE HOUSE OF REPRESENTATIVES hosted by I Famagu’on-ta, the chapter and istration of the Federation of Families National Friday, November 18, 2005 delegation from Guam. Conference this weekend. The establishment The Federation is a national family-run net- of G.I.F.T.S. marks the beginning stage of an Mr. HIGGINS. Mr. Speaker, today I rise to work of community-based organizations dedi- association providing much needed services to honor the service of a public official with more cated to improving mental health services for children and families on Guam. than fourteen years of continuous service as a children through advocacy, training, family I commend and congratulate the Federation elected official. I rise to honor the distin- support, and engagement in the public policy of Families for Children’s Mental Health for guished service of my friend, Erie County Leg- process. I commend the Federation for their their unselfish devotion, commitment and sup- islator Steve McCarville. support, service and commitment to children port provided to those affected by S.E.D. I fur- Steve McCarville is a lifelong resident of the with mental health needs and their families ther express my sincere and heartfelt gratitude town of Orchard Park, and began his public throughout the United States. for their outstanding work in making a dif- service as a member of the Orchard Park Vil- In January of 2002, Guam advocates for ference in the lives of the families and children lage Board in 1991. Serving as Village Trustee families reached out to the Federation for as- of Guam and in other communities throughout from 1991 to 1997, Steve was part of a village sistance as resources and support for children the nation. Through the efforts of the Federa- team, including then-fellow trustee and current with mental needs and their families in our tion our nation has the ability to foster healthy New York State Supreme Court Justice John community were largely unavailable on island. emotional development for our children in Curran, that oversaw a transformation in the The association with Guam was born of the need. I wish the Federation a successful and village of Orchard Park into what we see efforts initiated by Mary-Therese Edgerle, who productive conference. Dankulo na Si Yu’os today—a vibrant, bustling village environment at that time was a concerned parent on Guam. Ma’ase and thank you. in one of Erie County’s most successful subur- Through her vision and dedication, a family or- f ban towns. ganization for parents whose children experi- In 1997, Steve won election to the Orchard ence serious emotional disturbances or S.E.D. HONORING THE ROWLETT ROTARY Park Town Board, a position he held until his was established in the territory. CLUB appointment to a vacant 13th District seat in Through its former executive director, Bar- the Erie County Legislature. In 2001, Steve bara Huff, the Federation lent extraordinary HON. JEB HENSARLING was appointed to serve the balance of a two assistance and key backing to Guam advo- OF TEXAS year term and was later elected in his own cates in the early efforts to organize on behalf IN THE HOUSE OF REPRESENTATIVES right to represent the 13th district, which en- of children with mental health needs. Barbara compasses the towns of Aurora, Colden, Col- personally saw to it that the Federation grew Friday, November 18, 2005 lins, Concord, and Orchard Park. to include membership and organization in Mr. HENSARLING. Mr. Speaker, today I Guam. As a result of the collaboration be- would like to help celebrate two significant an- In the Legislature, Steve’s work has been tween Guam advocates and Federation lead- niversaries of Rotary International. This year, marked by a strong deliver of constituent serv- ers, Guam’s families began to learn and un- Rotary International celebrated its 100th anni- ices. In addition, he has secured funding for derstand their rights and the many possibilities versary. From its humble roots in Chicago, Illi- vital county road repairs in his district, opened and programs that could be developed to help nois, Rotary has grown into a worldwide orga- the first Satellite Office in the town of Boston, their children affected by S.E.D. nization of business and professional leaders and has worked to revitalize the Emery Park Sandra Spencer, the current Federation ex- who provide humanitarian service, encourage Inn. ecutive director, has been equally supportive high ethical standards in all vocations, and Steve McCarville and I have an interesting of Guam. Under her direction and guidance, help build goodwill and peace in the world. past, in that he was my first opponent for a Guam has been blessed with ongoing leader- Since 1943, Rotary International has distrib- seat in the New York State Assembly in 1998. ship training through Lisa Conlan, the tech- uted more than $1.1 billion to combat Polio, Although it was a tough and hardfought con- nical assistance partnership and peer mentor. promote cultural exchanges and encourage test, it speaks well of Steve’s character and in- The various board, individualized evaluation community service. tegrity that we were able to resume our friend- plan, crises, and family partners train-the-train- I also want to recognize the Rowlett Rotary ship at the end of that contest. Politics is poli- er programs, as well as their technical sup- Club for their 20 years of service to the com- tics, Mr. Speaker, but I am pleased to know port, have provided invaluable expertise and munity. Throughout its history, the Rowlett Ro- that in the area of serving the public and the assistance to the families and most especially, tary Club has achieved great success in car- people who elected us to our respective of- the children of Guam. The Federation staff rying out the mission of Rotary International. fices, Steve McCarville and I were able to members have given of their time willingly and The Rowlett Rotary Club has raised money work cooperatively and effectively. We unselfishly, as have other Federation Chap- to provide scholarships for local youth. They checked our politics at the door, and the pub- ters, to provide Guam with much needed sup- have been involved in local community lic was better served for it. port, resources and information. In particular, I projects, such as a community sleeping bag Steve has at all times, expressed a sincere would like to recognize Sue Smith from the collection to provide over 100 sleeping bags and steadfast intention to effectively represent Parent Support Network in Georgia for her for the homeless. They also work with neigh- the residents and taxpayers of Erie County in steadfast dedication and assistance to the borhood organizations like Jonathan’s Place, a general and of his district in particular. He has Guam Chapter. home for children who are victims of drug and served well, Mr. Speaker, and I am honored With the benefit of a $180,000 statewide alcohol abuse. In addition, they support char- and privileged to call the House’s attention to Family Network Grant award in October 2002, ities such as Equest, New Beginning’s Center, that service here today, and am grateful to the Guam Chapter successfully identified and and Rowlett Needy Children’s Fund. have this opportunity to honor him.

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.076 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2423 CELEBRATING THE BIRTH OF HONORING RETIRING LACKA- Minister Jackson did not question the patri- DECCAN WEST VENKAT MANIAM WANNA COUNCILMAN RICARDO otism of the young people failing to sign up ESTRADA with recruiters. She speculated the young peo- ple had gotten wiser. Perhaps she thought HON. JOE WILSON HON. BRIAN HIGGINS these men and women were looking at certain realities about the pre-emptive war they would OF SOUTH CAROLINA OF NEW YORK IN THE HOUSE OF REPRESENTATIVES fight if they enlisted. At the time of this article IN THE HOUSE OF REPRESENTATIVES these young people had experienced 2 years Friday, November 18, 2005 ‘‘of watching a war which has so far resulted Friday, November 18, 2005 Mr. HIGGINS. Mr. Speaker, today I rise to in nearly 1800 deaths and ten times that many Mr. WILSON of South Carolina. Mr. Speak- honor retiring Lackawanna City Councilman injuries.’’ Perhaps they were thinking how er, today I am happy to congratulate Suresh Ricardo Estrada, who will on December 31, much life they had before them at the age of and Jey Maniam of Arlington, Virginia, on the 2005, complete 8 years of service as a mem- 18, 19, 20 or 21. Maybe they knew someone ber of the Lackawanna City Council. birth of their new baby boy. Deccan West who had been burned beyond recognition or Ricky Estrada is a leader of significance in had lost both of his or her legs and faced a Venkat Maniam was born on November 4, the city of Lackawanna and in his beloved first life time of disability at the age of 21. 2005 at 8:02 AM, weighing 6 pounds, 13 ward that he has served so well. Consistently Or, Minister Jackson thought, perhaps these ounces and measuring 19 inches long. Dec- re-elected by his constituents, Ricky Estrada young people had begun to detect the varying can has been born into a loving home, where has been a strong voice for an economically rationales and purposes stated by the Bush he will be raised by parents who are devoted challenged community, and it is his leadership administration for why the United States was to his well-being and bright future. His birth is that will allow for the resurgence of Lacka- fighting in Iraq. The purpose of the War, ac- a blessing. wanna’s first ward in the years to come. cording to the President, was to save our It would be hard for me, Mr. Speaker, to country from ‘‘immenent danger’’ from weap- f imagine a group of elected leaders who sup- ons of mass destruction that might come in port our vision for the reform of the transpor- the form of a ‘‘mushroom cloud.’’ But 2 years HONORING THE MESQUITE tation infrastructure of Buffalo and Lacka- on, there were no weapons of mass destruc- ROTARY CLUB wanna’s waterfront areas than the elected tion and no immenent danger; so different rea- leaders of the city of Lackawanna. Leaders sons for the war were being substituted for the like Ricky Estrada have long recognized the war in Iraq. We were fighting in Iraq to stop HON. JEB HENSARLING need to offer greater public access to our re- the terrorists. However, many were saying the OF TEXAS gion’s waterfront, and his support and that of American presence in Iraq was creating terror- his colleagues has been outstanding and ists. IN THE HOUSE OF REPRESENTATIVES meaningful, and effective for the people he Of course, Minister Jackson speculated that Friday, November 18, 2005 represents. these young people might not want to sign up While my friend Councilman Estrada will be for a war when the statements of the Sec- Mr. HENSARLING. Today, I would like to succeeded on the Lackawanna City Council retary of Defense, Donald Rumsfeld, could not help celebrate two significant anniversaries of by an effective community leader, it is unques- be relied upon for any certainty about when Rotary International. This year, Rotary Inter- tioned that his retirement will be a loss for the they would come home. Secretary Rumsfeld’s national celebrated its 100th anniversary. city council in general and for the city as a statements about how long the United States From its humble roots in Chicago, Illinois, Ro- whole. It is my fervent hope that Ricky Estrada would be in Iraq changed almost daily. Sec- tary has grown into a worldwide organization will remain an active member of our commu- retary Rumsfeld could not articulate a coher- of business and professional leaders who pro- nity, so that we may continue to work together ent plan for the war and neither could the President of the United States. vide humanitarian service, encourage high toward the betterment of our region. Thank you, Mr. Speaker, for this opportunity Young people, Minister Jackson speculated, ethical standards in all vocations, and help to honor Councilman Estrada, and his faithful might be frightened by the tactics used by re- build goodwill and peace in the world. Since service to the residents and taxpayers of the cruiters to pressure young, vulnerable youths 1943, Rotary International has distributed city of Lackawanna. whose personnel information, including their more than $1.1 billion to combat Polio, pro- f names, social security numbers, race, ethnic mote cultural exchanges and encourage com- background and telephone numbers the De- munity service. WITNESS FOR JUSTICE: UNITED fense Department received because one of I also want to recognize the Mesquite Ro- CHURCH OF CHRIST the provisions of the No Child Left Behind Act tary Club for their 46 years of service to the was being shared by the Defense Department community. Throughout its history, the Mes- HON. CHARLES B. RANGEL with a sharing with a private contractor who quite Rotary Club has achieved great success OF NEW YORK sold goods and products to young men about in carrying out the mission of Rotary Inter- IN THE HOUSE OF REPRESENTATIVES the age of those being recruited. The tactics of the Pentagon are enabled by national. Friday, November 18, 2005 the No Child Left Behind Act as currently writ- The Mesquite Rotary Club has raised Mr. RANGEL. Mr. Speaker, I rise to enter ten. Minister Jackson pointed out that parents money to provide scholarships for local youth into the RECORD ‘‘Witness for Justice #223’’ have to opt out of the program to get the mili- and worked with Rotary International to help entitled The Sons and Daughters . . . pub- tary to leave their child off the potential recruit- eradicate polio. They have assisted the Mis- lished on July 18, 2005, by the United Church ment list. Some in Congress have tried to sion East Dallas Charity Clinic as well as do- of Christ of Cleveland, Ohio. The article elo- change this law so that the parents would nating to a program that distributes wheel- quently written by Bernice Powell Jackson, the have to opt in so their child would be on the chairs all over the world. In addition, they have Executive Minister of this Church on 700 Pros- recruitment list. Those attempts failed because been very involved in local community pect Avenue in Cleveland, addresses an issue they were voted down by the Republican projects, such as the Centennial Project, An- that should be in the hearts and on the lips of hawks in Congress. Minister Jackson noted in nual Bike Ride and improving a new play- every minister, rabbi and imam when he or a column by Bob Herbert of the New York ground and making it accessible for children she stands before a congregation. Times the statement: ‘‘There are always plenty with special needs. The subject of The Sons and Daughters ar- of hawks in America. But the hawks want their ticle was the difficulty the U.S. Army was hav- wars fought with other people’s children.’’ Through these initiatives, the Mesquite Ro- ing recruiting enough men and women to meet Minister Jackson wrote ‘‘our young people tary Club exemplifies the values of service and recruiting goals. At the time Minister Jackson are in danger.’’ She advised all of us to write charity that lie at the heart of American soci- wrote this article the Army was experiencing our President, Secretaries of Defense and ety. As the Congressional representative of sufficient difficulty that they were raising the Education, our Congressperson and Senators the members of this outstanding organization, promise of higher sign-up bonuses, dropping and let them know about these recruiters and it is my distinct pleasure to honor them today standards and, as could be found, as she put these lists. on the floor of the United States House of it, circling ‘‘vulnerable young men and women This statement by Minister Jackson goes to Representatives. like hawks flying over little chicks.’’ the heart of what is wrong with this war. The

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.081 E18NOPT1 E2424 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 entire burden is shared by a tiny percentage her bus seat to a white man sparked the mod- decorated war hero in World War II, returned of citizens of this country. Not one tax cut has ern civil rights movement. She was 92 at the to a South that regarded uniformed veterans been repealed and absent a draft only those time of her death. of color as ‘‘uppity’’ and demonstrated its dis- who are poor, underemployed or with no hope In tribute to Mrs. Parks, I would like to sub- dain with beatings. of a job or college are enlisting. The people of mit the following excerpt from the Washington She married barber Raymond Parks in 1932 this country do not see the flag draped coffins Post Article, ‘‘Bus Ride Shook a Nation’s Con- at her mother’s house. They shared a passion at Dover Air Force Base. They do not see the science,’’ written by Patricia Sullivan on Tues- for civil rights; her husband was an early de- young soldiers who have lost their sight and day, October 25, 2005. fender of the Scottsboro Boys, a group of their limbs or who are in comas from head ‘‘Rosa was a true giant of the civil rights young African Americans whom rights advo- wounds or burned beyond recognition. They movement,’’ said U.S. Representative JOHN cates asserted were falsely accused of raping do not give up a job to sit by the bedside of CONYERS Jr. (D–Mich.), in whose office Parks two white women. a son who does not recognize them or at the worked for more than 20 years. ‘‘There are Mr. Speaker, I take great pride in com- bedside of a daughter who has lost her legs very few people who can say their actions and mending Mrs. Rosa Lee Parks for her out- at the age of 24. They do not attend the funer- conduct changed the face of the nation, and standing and historical contributions to the als of a 20 year old or an 18 year old who is Rosa Parks is one of those individuals.’’ State of Alabama, the State of Michigan, the dead just out of high school. Parks said that she didn’t fully realize what Civil Rights Movement, and national politics. For most people in this country there is no she was starting when she decided not to f war. There were complaints of how veterans move on that December 1, 1955, evening in HONORING THE GARLAND ROTARY were treated when they returned from Viet- Montgomery, AL. It was a simple refusal, but CLUB nam. Think of how veterans returning from her arrest and the resulting protests began the Iraq must feel when they realize no one in complex cultural struggle to legally guarantee their country felt any impact of a war in which equal rights to Americans of all races. HON. JEB HENSARLING they lost so much. Within days, her arrest sparked a 380–day OF TEXAS IN THE HOUSE OF REPRESENTATIVES f bus boycott, which led to a U.S. Supreme Court decision that desegregated her city’s Friday, November 18, 2005 HONORING EDUCATION SUPPORT public transportation. Her arrest also triggered PROFESSIONALS Mr. HENSARLING. Mr. Speaker, today, I mass demonstrations, made the Rev. Martin would like to help celebrate two significant an- Luther King Jr. famous, and transformed niversaries of Rotary International. This year, HON. PETER A. DeFAZIO schools, workplaces and housing. Rotary International celebrated its 100th anni- Hers was ‘‘an individual expression of a OF OREGON versary. From its humble roots in Chicago, IL, timeless longing for human dignity and free- IN THE HOUSE OF REPRESENTATIVES Rotary has grown into a worldwide organiza- dom,’’ King said in his book ‘‘Stride Toward Friday, November 18, 2005 tion of business and professional leaders who Freedom.’’ provide humanitarian service, encourage high Mr. DEFAZIO. Mr. Speaker, this week is ‘‘She was planted there by her personal ethical standards in all vocations, and help American Education Week and I would like to sense of dignity and self-respect. She was an- build goodwill and peace in the world. Since take this opportunity to recognize and honor chored to that seat by the accumulated indig- 1943, Rotary International has distributed all the men and women across the country nities of days gone and the boundless aspira- more than $1.1 billion to combat polio, pro- who serve as Education Support Professional, tions of generations yet unborn.’’ ESP, in our Nation’s public schools. Education She was the perfect test-case plaintiff, a fact mote cultural exchanges and encourage com- Support Professionals are essential school that activists realized only after she had been munity service. I also want to recognize the Garland Rotary employees who interact daily with students, arrested. Hardworking, polite and morally up- Club for their 78 years of service to Dallas staff and parents. right, Parks had long seethed over the every- County. Throughout its history, the Garland Public School drivers are essential school day indignities of segregation, from the menial Rotary Club has achieved great success in employees who interact with students, teach- rules of bus seating and store entrances to the carrying out the mission of Rotary Inter- ers, parents and the community every day. mortal societal endorsement of lynching and national. Bus drivers are the first and final link in the imprisonment. The Garland Rotary Club has been a strong She was an activist already, secretary of the daily chain of events for every student in a supporter of the Garland Independent School local chapter of the NAACP. A member of the school district. District, GISD. Their annual Christmas and the Standards of performance for bus drivers in African Methodist Episcopal Church all her life, Spring Casino Parties benefit underprivileged a given day will include but not be limited to: Parks admired the self-help philosophy of children and support student scholarships. checking all safety and communications equip- Booker T. Washington—to a point. But even This year, they have provided over $3,000 for ment on the bus at the beginning and end of as a child, she thought accommodating seg- GSID college scholarships. The Garland Ro- each day, protect children from unsanitary regation was the wrong philosophy. She knew tary Club also supports local charities such as conditions, returning lost and found student that in the previous year, two other women the New Beginnings Center, Achievement personal property, manage emergency situa- had been arrested for the same offense, but Center of Texas, and the Garland Habitat for tions, handle and stabilize student behavior neither was deemed right to handle the role Humanity. which may put them and other students or that was sure to become one of the most con- Through these initiatives, the Garland Ro- staff at risk. troversial of the century. tary Club exemplifies the values of service and But it was as if Parks was born to the role. Take a moment to appreciate and recognize charity that lie at the heart of American soci- Rosa McCauley was born February. 4, 1913, this fine group of Americans who are dedi- ety. As the Congressional representative of in Tuskegee, AL, the home of Booker T. cated, loyal and committed to our future and the members of this outstanding organization, Washington’s renowned Tuskegee Institute, the educational enhancement of all public it is my distinct pleasure to honor them today which drew many African American intelligen- school students. in the U.S. House of Representatives. f tsia. She was the daughter of a carpenter and a teacher, was small for her age, had poor f PLACEMENT OF STATUE OF ROSA health and suffered chronic tonsillitis. Still a LEGISLATION TO PROMOTE AN PARKS IN NATIONAL STATUARY child when her parents separated, she moved ADEQUATE STOCKPILE OF ANTI- HALL with her mother to Pine Level, AL., and grew AVIAN FLU DRUGS up in an extended family that included her ma- SPEECH OF ternal grandparents. HON. THOMAS H. ALLEN HON. BENNIE G. THOMPSON Her mother taught Parks at home until she OF MAINE was 11, when she was enrolled in the Indus- OF MISSISSIPPI IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES trial School for Girls in Montgomery, where her aunt lived. Segregation was enforced, often Friday, November 18, 2005 Thursday, November 17, 2005 violently. As an adult, she recalled watching Mr. ALLEN. Mr. Speaker, today I am intro- Mr. THOMPSON of Mississippi. Mr. Speak- her grandfather guard the front door with a ducing legislation to ensure that the United er, I would like to recognize the life and legacy shotgun as the Ku Klux Klan paraded down States has a sufficient supply of drugs to com- of Rosa Lee Parks, whose refusal to give up their road. Her younger brother, Sylvester, a bat avian flu in the event of a pandemic. My

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.085 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2425 bill authorizes the importation of generic medi- drug to stop an avian flu pandemic, the U.S. So while it’s ‘‘over in my bill for this cines when the U.S. patent holder cannot government will have access to all available year,’’ Hobson said, his attention is focused make enough medicine to meet domestic pub- production sources for the drug. My bill would on whether the Defense Department will try to include bunker-buster money in the still- lic health needs, and removes a trade policy make sure that our government can do what pending 2006 defense-spending bill. barrier to such imports. it takes to combat an avian flu pandemic or ‘‘I have to watch in the defense bill to try The prospect of an avian flu pandemic has other health emergency. and make sure they don’t go around me,’’ gripped health officials around the world. Part f said Hobson, who is a senior member of the of the response would involve treating victims defense-spending subcommittee. with drugs to lessen the spread of the flu CONGRATULATIONS TO CHAIRMAN This is one example of how public policy is virus. The World Health Organization has DAVE HOBSON enmeshed in the fabric of the annual spend- urged all nations to stockpile reserves of ing bills. Hobson’s measure, for instance, antiviral flu drugs, and the Infectious Diseases HON. DENNIS J. KUCINICH tackles the post-Katrina issue of improving the efficiency with which the Army Corps of OF OHIO Society of America has recommended that the Engineers spends the money Congress doles IN THE HOUSE OF REPRESENTATIVES United States stockpile enough drugs to treat out to it, though part of the solution is mak- 25 to 40 percent of the population. Friday, November 18, 2005 ing sure lawmakers don’t tie the corps’ The drug believed to be most effective Mr. KUCINICH. Mr. Speaker, I rise to con- hands with a plethora of pet projects. One against the flu is Tamiflu. The exclusive right tack seen in the energy and water spending gratulate Chairman DAVE HOBSON (R–OH) for bills is to limit the ability of the corps to in the United States to manufacture Tamilfu is his bold, principled stance to eliminate federal owned by Roche, a pharmaceutical manufac- take money intended for one project and funding for the bunker buster bomb. It was a spend it on another, only to later come back turer based in Switzerland. major victory for the United States and the As Health and Human Services Secretary and request yet more money for the first world. project. Hobson also hopes the bill will force Michael Leavitt testified before the Energy and This achievement means the United States the corps to do more long-term planning and Commerce Committee on November 8, Roche will send the message of responsibility to to do a better job moving projects along. has insufficient manufacturing capacity in the other nations who are considering building nu- He cites a dam on the Ohio River between U.S. to meet the stockpile needs. At its max- clear weapons. The United States can con- Illinois and Kentucky that was authorized by Congress in 1988 at an estimated cost of imum production, Roche could only produce tinue to advocate for the Non-Proliferation 13 million treatment courses by the end of this $775 million over about eight years. Comple- Treaty, whereby the United States and other tion is now scheduled for 2015, at a revised year, far short of the 75 million we need to nuclear powers pledged to disarm in return for treat 25 percent of the population. estimated cost of $1.4 billion. other nations not seeking nuclear weapons. ‘‘We’re trying to bring some business man- If Roche does not voluntarily license other Because nuclear bunker-busters would be agement to the way the corps conducts busi- companies to produce Tamiflu, the U.S. gov- seen as tactical nuclear weapons, the devel- ness,’’ Hobson said. ernment has the authority to issue compulsory opment of these weapons would make it more But the most far-reaching policy platform licenses to gain access to other sources of difficult to encourage Russia to dispose of its in Hobson’s bill amounts to a nuclear non- proliferation stand that bucks the notori- production of the drug. India, Taiwan, China, arsenal of over 4,000 tactical nuclear weap- Thailand, Malaysia, Vietnam, the Phillipines, ously stubborn Rumsfeld. ons. Chairman HOBSON has given the United ‘‘We had a meeting and he made his views South Korea and Argentina are among the States more clout to pressure Russia to elimi- countries considering plans to manufacture known and I made my views known,’’ Hobson nate its tactical nuclear weapons. said. ‘‘He said there will be another day. I versions of Tamiflu to prepare for a possible Again, I commend Chairman HOBSON for his don’t think they’ve given up.’’ flu pandemic. defense of our Nation. But Hobson vowed to defuse the bunker- However, Americans facing a pandemic [From the Columbus Dispatch, November 13, buster proposals for as long as he’s a com- today could not get anti-flu drugs from those 2005 mittee chairman. He has three more years to head the energy subcommittee before chair- countries, because in 2003 the U.S. Trade HOBSON WILL KEEP BUSTING NUCLEAR man term limits set in, and intends to run Representative agreed to make the U.S. ineli- WEAPON for re-election to a ninth term next year and gible to import drugs produced abroad under (By Jonathan Riskind) compulsory licenses. serve all three of those years. The battle of the bunker buster, round two, ‘‘They aren’t changing my mind,’’ Hobson World Trade Organization rules allow for goes to Rep. David L. Hobson. said. ‘‘It is bad foreign policy to build a new countries with ‘‘insufficient’’ manufacturing ca- But the Springfield Republican isn’t so type of nuclear weapon at the same time you pacity in the pharmaceutical sector to import sure the Bush administration, especially De- are telling everyone else in the world, don’t pharmaceutical products produced under a fense Secretary Donald H. Rumsfeld and oth- you do it.’’ ers in the defense community, has given up compulsory license in other countries in order f to meet public health needs. This authority is on building a nuclear-tipped missile able to penetrate underground bunkers. INTELLIGENCE FAILURE AND contained in paragraph 6 of the 2001 ‘‘Doha This is a saga last visited in this space a Declaration’’ on Trade Related Aspects of In- year ago. Then, too, Hobson, as chariman of MANIPULATION tellectual Property Rights (TRIPS) and public the House Appropriation Committee’s energy health. The August 30, 2003, decision of the and water subcommittee, successfully fought HON. RUSH D. HOLT WTO TRIPS Council spelled out implementa- the administration’s push to build a special- OF NEW JERSEY ized tactical nuclear weapon. tion of this authority. IN THE HOUSE OF REPRESENTATIVES At the urging of U.S. negotiators, the August Pursuing new nuclear weapons when the United States is pushing nonproliferation Friday, November 18, 2005 30 decision created an ‘‘opt out’’ list, whereby around the world is wrong headed and dan- countries could voluntarily agree not to use gerous, Hobson believes. And he’s been told Mr. HOLT. Mr. Speaker, today I and my the import authority. The U.S. is on the ‘‘opt by scientists and candid members of the Democratic colleagues on the House Perma- out’’ list. Therefore, we find ourselves in a situ- military that a nuclear bunker buster is nent Select Committee on Intelligence publicly ation where the United States government vol- likely to kill many innocent people and in- discussed a critical item of unfinished busi- untarily restricted its access to critical drugs to flict such harm on the environment that no ness for this House—specifically, the need for fight a pandemic. That makes no sense. president would ‘‘OK’’ its use. the committee to undertake a detailed exam- The solution is simple. We can ‘‘opt in’’ to So Hobson refused to include $4 million ination of the Iraq weapons of mass destruc- Rumsfeld wanted in the 2006 energy bill for the system. That is what my bill does. It di- bunker-buster research. tion (WMD) intelligence failure. rects the U.S. Trade Representative to notify Hobson’s counterpart in the Senate is Pete We need to undertake this inquiry because the WTO that the U.S. declares itself an ‘‘opt Domenici of New Mexico, who chairs the this is not the last time that we will need intel- in’’ country and thus eligible to import drugs Senate Appropriation Committee’s energy ligence that’s based on good methods, critical made under compulsory licenses in order to subcommittee. Domenici favors going ahead thinking—in fact, skeptical thinking that really meet public health needs. It also affirms that with the research, but he told the Albu- looks at the uncertainties in the intelligence. the President has the authority to import such querque Tribune that the administration has We have to learn to get this right. There will abandoned its plans for a nuclear bunker drugs in such cases, as long as the drugs are buster. He said that, however, after Hobson be other times when we need it. approved by the Food and Drug Administra- won the fight; the final 2006 House–Senate Now, the President has said that those who tion. agreement on a $30.5 billion energy and are raising questions about the war in Iraq and Americans should have the comfort of water bill being sent to the White House re- how we got there are trying to rewrite history. knowing that if the public needs a particular flects Hobson’s views. Actually, that’s not true. History is not being

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.090 E18NOPT1 E2426 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 rewritten. History cannot be written because I also want to recognize the Garland Lake- take it as a record of accomplishment that the no one has allowed the facts to be assembled. side Rotary Club for their 30 years of service deficit was not higher. Now that is spin. Last That is what we are talking about here. We to Dallas County. Throughout its history, the year’s deficit may be lower than the $412 bil- have tried, but we have been blocked repeat- Garland Lakeside Rotary Club has achieved lion deficit reached in fiscal year 2004, but that edly in our attempts to do so. great success in carrying out the mission of hardly entitles the Republicans to bragging This matter is of critical importance. And it Rotary International. rights over their fiscal stewardship. Under their is, of course, ironic that at a time when we are The Garland Lakeside Rotary Club is in the leadership, a Republican president and Re- fighting a war in the name of democracy and process of raising funds and building a med- publican Congress have produced a string of the freedoms, including freedom of speech ical clinic called the Friendship House. In the record setting budget deficits. and freedom of inquiry, that here we are sty- past they have supported local charities, in- By bringing this bill to the floor, the folk on mied in our freedom of inquiry. cluding the Salvation Army and the YMCA. the other side of the aisle have the temerity to And it is freedom of inquiry not for political Each year they work with Garland Inde- say that the program cuts being recommended points or our personal curiosity. It is so that pendent School District to provide underprivi- will offset the cost of added spending for Hur- we can, for the future, have an intelligence leged children with Christmas gifts. ricanes Katrina and Rita. That argument is not system that is based on critical thinking, skep- Through these initiatives, the Garland Lake- even close to the truth. That is budgeteering tical thinking and good methods. That is the side Rotary Club exemplifies the values of by Merlin the Magician. I hope the American point. service and charity that lie at the heart of people will be able to look behind the curtain Let me just say that the line that we hear is, American society. As the Congressional rep- of their arguments and see them for what they ‘‘There is not much that needs to be inves- resentative of the members of this outstanding are: simply a means to hide from their record tigated, there is not much need for oversight, organization, it is my distinct pleasure to honor of fiscal irresponsibility. because you knew all this all along. And fur- them today on the floor of the United States The President and the Republican majority thermore, it is unpatriotic.’’ House of Representatives. are adept. Record deficits? Not the fault of the It is unimportant, and yet if you ask for it, f party in power. Blame 9/11, or blame the you are unpatriotic. I say to my friends on the economy, or blame Katrina, or blame Saddam other side of the aisle, you can’t have it both DEFICIT REDUCTION ACT OF 2005 Hussein and Iraq, or blame the terrorists, or ways. blame whatever. Just do not blame the Re- SPEECH OF I wish I could say that the refusal to inves- publicans or the Republican tax cuts for the tigate the Iraq intelligence failure is an isolated HON. CAROLYN C. KILPATRICK horrible financial situation our country is in. case. It is not. OF MICHIGAN That is the gist of the Republican message we For over 2 years, I’ve pressed this House to IN THE HOUSE OF REPRESENTATIVES hear today. investigate how it was that the name and Thursday, November 17, 2005 For a President and a party that is artful in cover status of a serving CIA Clandestine avoiding blame for the country’s fiscal state, Services officer made its way from the CIA to Ms. KILPATRICK of Michigan. Mr. Speaker, for the failure to execute a successful war the White House political office and thence to some of the cuts proposed in this ‘‘Deficit Re- strategy in Iraq, the failure to respond rapidly the press. duction Act’’ include Medicaid, student loans, during Hurricane Katrina, the failure to catch Eight separate times in eight separate child support enforcement, child foster care, Osama bin Laden, the failure to find weapons votes, the leadership of this Congress shut supplemental security income, farm conserva- of mass destruction, the failure to provide af- down any effort to get the information about tion, and many more. fordable energy, the failure to hire competent the release of the identity of an intelligence Republicans have offered over $50 billion in people to handle crises, the failure to prepare employee. Conducting oversight of this matter cuts to much needed programs for America’s for a possible bird flu pandemic, for all the fail- is something that is central to our responsi- families. The pretext of the these program cuts ures that have occurred on the watch of this bility to look after the wellbeing and effective- is to bring down the deficit, but all they do is President and this Republican Congress, can ness of those people that we ask to take risks offset the cost of a $56.6 billion tax cut pack- there be little reason why they want to avoid for us around the world. age that will come to the floor of the House Yet in eight separate votes, it was shut the ‘‘blame game?’’ soon. Do not be misled into believing that the We can do better. There is no reason why down. budget cuts being contemplated are to cover Mr. Speaker, it’s time—indeed well past we freely spend to rebuild Baghdad but strug- the cost of rebuilding the Gulf Coast states. gle to rebuild Biloxi. When it comes to taking time—for this Congress to do its job and con- They are being used to offset the raid that is duct oversight of these and other intelligence care of our own, where is the parity? Why are taking place on the Treasury. we applying a tougher standard on our own matters. We cannot protect our Nation from fu- The Republicans are employing a two- ture threats if we do not learn the full lessons than we are in Afghanistan and Iraq? The pronged strategy for this fiscal charade. Today budget cuts that will be triggered under this bill of conflicts past, and this is especially critical they want us to vote on $50 billion in spending in the realm of intelligence. I urge my col- violates the principle of parity, it puts the wel- cuts and later they will ask us to vote on a fare of others ahead of our own American leagues on the other side of the aisle to join $50 billion tax cut for the wealthiest top one- us in this effort. people. This budget is symbolic of the spend- tenth of one percent of Americans. It is their ing priorities of this administration: It puts f hope that the American people will not see the America and Americans last. That is a shame HONORING THE GARLAND connection between the two actions. Show the and that is why this bill does not deserve our LAKESIDE ROTARY CLUB people that you are cutting spending on one support. I strongly urge my colleagues to join hand; then cut taxes for your supporters with me in voting down this unfortunate bill. the other. That is their game. I am appalled HON. JEB HENSARLING f the Republicans will cut programs for children, OF TEXAS the hungry, the sick and the vulnerable for tax CONDEMNING TERRORIST IN THE HOUSE OF REPRESENTATIVES cuts to the healthiest and wealthiest Ameri- ATTACKS IN JORDAN Friday, November 18, 2005 cans. Mr. HENSARLING. Mr. Speaker, today I Since 2001, the Republicans have done an SPEECH OF would like to help celebrate two significant an- excellent job of spinning their tax cut pack- HON. ALLYSON Y. SCHWARTZ niversaries of Rotary International. This year, ages. They said we could have it all: Medicare OF PENNSYLVANIA Rotary International celebrated its 100th anni- prescription drug coverage, the War on Ter- IN THE HOUSE OF REPRESENTATIVES versary. From its humble roots in Chicago, Illi- rorism, huge tax cuts, and still produce budget nois, Rotary has grown into a worldwide orga- surpluses as far as the eye can see. It is a Wednesday, November 16, 2005 nization of business and professional leaders great pitch, but there is only one hitch to their Mrs. SCHWARTZ of Pennsylvania. Mr. who provide humanitarian service, encourage argument: it did not happen that way. Now Speaker, I rise today in strong support of H. high ethical standards in all vocations, and Republicans are doing all they can to dodge Res. 456, a resolution to vehemently condemn help build goodwill and peace in the world. the responsibility for the fiscal situation in the terrorist attacks that occurred in Amman, Since 1943, Rotary International has distrib- which the country now finds itself. In fact, the Jordan. uted more than $1.1 billion to combat Polio, President and my Republican colleagues take On November 9, 2005, hundreds of inno- promote cultural exchanges and encourage pride that last year’s budget deficit was $320 cent Jordanians gathered to celebrate a wed- community service. billion, the third largest deficit in history. They ding ceremony—one of the greatest tributes to

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.094 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2427 life, family and humanity, for virtually every and Fallujah are within 10 to 15 miles of our HONORING BAYLOR UNIVERSITY culture in the world. Yet what was supposed base with us roughly in the middle. Both are MEDICAL CENTER to be a joyous celebration was brutally cut noted hotbeds for insurgent activity as is short when followers of the terrorist Abu this entire area of Northwest Iraq. We are HON. JEB HENSARLING Musab al-Zarqawi carried out four simulta- experiencing much of the same that you see on TV back home. OF TEXAS neous terrorist attacks. These unbridled and IN THE HOUSE OF REPRESENTATIVES hateful acts killed 59 people, including the I am sure one of those huge issues you are mother and father of the bride and the father grappling with is what to support in regards Friday, November 18, 2005 of the groom. to Operation Iraqi Freedom. I ask you to Mr. HENSARLING. Mr. Speaker, today, I consider we are still making progress and would like to help celebrate the 20th anniver- Mr. Speaker, the line between good and evil this is a worthy cause at this point. We do could not be clearer. far more good on a daily basis than is ever sary of the establishment of the first adult liver The line between those who cherish life portrayed back home. Just Saturday (Day of transplant program serving Tarrant County versus those who seek to destroy it could not the Voting) our troops helped a very sick 4 and Baylor University Medical Center at Dal- be clearer. month old child get medical care in Bagh- las. In 1985, Baylor University Medical Center The line between those with compassion in dad. Also, we are actively training Iraqi recruited Dr. Goran B. Klintmalm, a highly their hearts versus those with hatred could not troops to ultimately replace us and takeover skilled surgeon to begin the new adult liver be clearer. complete operations of Camp Habbaniyah. transplant program and to enhance each facili- The attacks in Jordan, just like those before Yes, there is much to be discouraged by on a ty’s medical and surgical capabilities. it in Indonesia, Egypt, Spain and the United regular basis but the momentum and atmos- Baylor University Medical Center has trans- States, demonstrate that terrorism does not phere as a whole continues moving forward. planted more than 4,500 organs in patients The worst thing we can do is leave too soon discriminate by race, ethnicity or region. In- and risk losing it all to civil war. At the around the world. The program has been rep- stead, terrorists indiscriminately target those same time we must let the Iraqi Army con- licated at Baylor All Saints Medical Center in seeking to live a peaceful, loving and free life. tinue to take over responsibility for areas as Fort Worth, allowing Baylor Health Care Sys- All across Jordan, innocent and freedom- soon as possible and the new government as tems to expand their services to Tarrant Coun- loving Jordanians fully understand this. Thou- well. ty. sands of Jordanians have taken to the streets I see it like welfare. If we take on the re- I would like to honor Baylor University Med- in protest of Zarqawi, ‘‘the coward.’’ In the sponsibility for people too long they can lit- ical Center, along with the doctors, nurses and wake of these attacks, King Abdullah has an- erally fail to progress and be hampered by hospital administration that make extraordinary nounced a ‘‘National Agenda,’’ which seeks to growing too dependent. We see that very organ transplants possible. Their dedication to instill a more free and democratic political real, negative potential as we work with sol- the medical profession and their commitment process and society. diers and civilians. to saving lives is to be commended. We must hunt the terrorists down and kill The hard part is how much and when to f them. There is no other way to respond to pull back our support. I know that is some- those so committed to the destruction of life. thing you are being challenged to help deter- SPECIAL TRIBUTE TO KENNETH We must also stand with the Jordanian people mine. Please, listen to sound military lead- ‘‘BLUE’’ BALCOMB—A FIERCE DE- and the Jordanian Government. And, this res- ers as you sort that out. Please do not allow FENDER OF WATER RIGHTS IN olution does just that—making it clear that it to be a ‘‘public opinion’’ or ‘‘politically COLORADO Congress and the American people are behind correct’’ decision. We stand to lose so much more from a bad decision. The Iraqi people them during this difficult period. stand to lose the most. HON. JOHN T. SALAZAR f OF COLORADO Finally, the vast majority of the people IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO SPECIALIST MARK here are very worthy of what we are trying THOMPSON to help them achieve. It is the few that con- Friday, November 18, 2005 tinue to make it so hard. I have attached a Mr. SALAZAR. Mr. Speaker, I rise today to simple poem that I was inspired to write not express my condolences to the Balcomb fam- HON. ED WHITFIELD long after coming here. I still believe that OF KENTUCKY our primary intentions should be this simple ily of Glenwood Springs, Colorado who re- cently experienced a tragic loss with the death IN THE HOUSE OF REPRESENTATIVES and straight forward. My best wishes to you as always. of Kenneth ‘‘Blue’’ Balcomb. He passed away Friday, November 18, 2005 Sincerely, on November 17th. Mr. WHITFIELD. Mr. Speaker, I rise today SPC. MARK THOMPSON. Recently, I had the opportunity to get to know Ken. He was a brilliant, devoted and tal- to highlight one of my extraordinary constitu- THAT IS WHY WE CAME ents who is currently serving in Iraq. Specialist ented person. Because of his genius, water on As we crossed the Iraqi Border, the Western Slope of Colorado will be pro- Mark Thompson from Tompkinsville, Kentucky our lives never to be the same. recently wrote to me to express his thoughts That’s when it all seemed clearer, tected for generations. Mr. Balcomb died on the situation in Iraq and I was truly moved why we left our families and came. Thursday and will be missed by all who had by his articulate letter. I would like to share his The harsh land layout before us, the pleasure of knowing and working with him. letter with the House and I urge all of my col- with things we have yet to see. Ken Balcomb was General Counsel for the leagues to read Mark’s letter and poem. I But kids waving on roadsides, Colorado River Water Conservation District could not be anymore proud of Specialist unlocked hope inside for me. from the early 1960s until 1981 when the Dis- Thompson and his service to our country. Not much do they have and own, trict hired in-house counsel. Under Mr. OCTOBER 17, 2005. but gestures that tell their soul, Balcomb’s advice and leadership, the River Congressman ED WHITFIELD, Too young yet to know true hate, District successfully fought back aggressive Washington, DC. faith, hope and love are still in control. water filings by Front Range cities and irriga- DEAR CONGRESSMAN WHITFIELD: I hope this Who knows where freedom will take them, tion districts thirsting for West Slope water. It letter finds you well. Politics seems heated and will elders allow it to last? also fought federal intrusion into Colorado’s as usual in the States and many new Can they hold onto it with passion, state-run water rights system, ensuring that cballenges are facing you and our country’s and never repeat the past? other leaders. However, I am sure you are the federal government adjudicate its water It is the children we came for, taking it all as it comes and continuing to rights like everyone else through Colorado’s their love should govern this land. try and find the most appropriate direction water courts. On this point, Mr. Balcomb rep- Who knows where their dreams can take us, as issues arise. if not poisoned with History’s Brand. resented the River District on three occasions I am currently serving in the Army at before the U.S. Supreme Court, leaving vic- Camp Habbaniyah, Iraq. A huge change from I pray tonight for a new World, where all kids are safe from harm. torious each time. my position as hospital administrator in I grew to know Ken over the last year and Tompkinsville as you can imagine. But it That these children can play like mine, has been a good experience to actually be in a neighborhood, friendly and warm. he never hesitated to offer his experience, here in this very troubled part of the World They are the reason we came, knowledge and assistance to myself and oth- and be a part of this, first hand. their hope from faith we must let soar. ers. We are in the ‘‘Sunni Triangle’’ as this With love let’s finish the task, Ken was certainly an inspiration to me and area has been described with a name. Ramadi and for them leave open the door. to everyone who had the opportunity to meet

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00031 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.099 E18NOPT1 E2428 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 him, and I am grateful for the short amount of COMMEMORATING THE 50TH ANNI- most horrific phase of Yugoslavia’s violent and time I was able to spend with him. I know my VERSARY OF THE DALLAS COUN- bloody demise. Active on the Helsinki Com- life and the lives of those he knew and loved TY COUNCIL OF REPUBLICAN mission which I co-chair today, I took part in were enriched by his presence, and he will WOMEN many sobering hearings which documented surely be missed. the atrocities and discussed policy responses. I agree with the Colorado River Water Con- HON. JEB HENSARLING The Bosnian conflict was, in large part, characterized not by opposing military forces servation District—Western Colorado lost a OF TEXAS but by groups of thugs, armed and orches- true friend and leader with the passing of Ken- IN THE HOUSE OF REPRESENTATIVES neth Balcomb. trated by the Milosevic regime in Serbia, Friday, November 18, 2005 wreaking havoc on innocent civilians. Tens of f Mr. HENSARLING. Mr. Speaker, today I thousands were raped or tortured in detention would like to commemorate the 50th anniver- centers and camps established across the IN HONOR OF REVEREND DR. country. While figures may vary substantially, ROLAND H. CROWDER sary of the Dallas County Council of Repub- lican Women’s Clubs. Fifty years ago, 17 Re- the death toll is commonly estimated at about publican Women’s groups joined to form an al- 200,000, while two million people—half the HON. DENNIS J. KUCINICH liance, based on the guiding principle of the country’s population—were displaced. We can OF OHIO National Federation of Republican Women, ‘‘to well remember the photos of emaciated de- IN THE HOUSE OF REPRESENTATIVES foster and encourage loyalty to the Republican tainees at Omarska, the live coverage of the shelling and siege of Sarajevo, and the re- Friday, November 18, 2005 Party and the ideals for which it stands.’’ For the past fifty years, the Dallas County cently released video footage of the execution Mr. KUCINICH. Mr. Speaker, I rise today in Council of Republican Women have worked of captured young men near Srebrenica. While the decreasing advantages enjoyed honor and recognition of Reverend Dr. Roland together to support Republican Women’s by the Serb militants by late 1995 made a set- H. Crowder, upon the joyous celebration of his groups in the area as they promote the prin- tlement possible, the Dayton Agreement did, 40th Anniversary as Pastor of Second Calvary ciples of the Grand Old Party and help elect in fact, help to bring this nightmare to an end. Missionary Baptist Church in Cleveland, Ohio. Republican leaders from the Courthouse to Reverend Crowder was born in Cleveland in At the same time, we cannot ignore the fact the White House. The Dallas County Council that its compromises reflect a failure by the 1926, into meager beginnings, yet the promise of Republican Women continue to serve Re- of faith and family would raise his life into the international community, including the United publican Women’s Clubs through meetings, a States, to intervene much earlier in the conflict light of leadership, accomplishment and serv- council newsletter, and training seminars. ice to others. Just an infant, Reverend in response to clear violations of international Today, I would like to honor the Dallas principles and what many, including myself, Crowder was adopted by Emma and Rev- County Council of Republican Women and erend Edward Griggs. Tragedy struck shortly consider a genocide. their leaders, including: Pat Jordan (1955), El- The international community repeatedly thereafter when his young mother died and his eanor Owens (1956), Tilla Lindsey (1956), father became very ill after suffering a stroke. failed to take decisive action, including the Mary Jester (1957), Dorothy Cameron (1959), credible threat of the use of force, to compel Young Roland was up for adoption again, yet Bobbie Biggert (1960), Glenna McCord (1960, his neighbors across the street, Mr. and Mrs. the brazen Serb militants to stop their aggres- 1961, 1962), Babs Johnson (1963, 1964), sion. Instead, time was spent deploying Will Crowder, opened their hearts and home Linda Holloway (1965), Ann Good (1965), to him and became his new parents. The fam- peacekeeping forces under United Nations Alice Hale (1966), Jonita Hilton, (1967), Ann auspices when there was no peace to keep. ily moved to Birmingham, where Reverend Nicholson (1968, 1969), Peeps Moffett (1970), Crowder’s parents taught him lifelong values UNPROFOR’s presence thwarted more effec- Jan Bryant (1970), Iris Snell (1971, 1972), tive responses, such as lifting the arms em- that centered on integrity, hard work, family, Dottie Beckham (1972, 1973, 1974), Barbara faith and service to others. bargo which denied the sovereign country of Staff (1975), Ruth Potter (1976, 1977), Ginny Bosnia and Herzegovina its right, as a mem- In 1950, following his honorable service in Bauman (1978), Shirley Dickinson (1979, ber of the United Nations, to defend itself. As the United States Navy, Reverend Crowder 1980), Jean Rheudasil (1981, 1982), Marianna town after town, including some declared to be heeded the call to the ministry. After his father Ziegler (1983, 1984), Jan Patterson (1985, ‘‘safe-havens’’ by the United Nations, fell to passed away, he and his mother returned to 1986), Edith Schuler (1987), Lynne Tweedell the forces of ethnic cleansing, the international Cleveland in 1965, where he began his min- (1989), Alma Box (1991, 1992), Betty Doke community acquiesced to a reality, codified by istry at the Second Calvary Missionary Baptist (1993, 1994), Sandy Melton Stephens (1995, Dayton, of a country divided into two political Church. Fortified with an undergraduate de- 1996), Sue Hutchins (1997, 1998), Rosella entities characterized by an ethnic bias unwor- gree, graduate degree from Malone College Hutchinson (1999, 2000), Taffy Goldsmith thy of 21st century democracy. One entity is a and a doctoral degree in theology from the (2001, 2002), Valerie E. Ertz (2003, 2004), Bosnian Federation forged by the United Ashland Theological Seminary, and most sig- Deborah Brown (2005). These strong Repub- States in 194 between Bosnia’s Muslims or nificantly, equipped with valuable life experi- lican women embody the energy, vision and Bosniaks, and Croats. The other entity, ence, Reverend Crowder set the foundation values of our party. Republika Srpska, is dominated by Serbs and for his life long journey of restoring faith and f represents what the militants among them hope within the hearts of people here in started the conflict to create. Cleveland and around the world. Reverend TEN YEARS AFTER DAYTON The compromises accepted at Dayton, influ- Crowder and his late wife, Doris G. Crowder, enced by years of international inaction, also were married for forty-five years. Together HON. CHRISTOPHER H. SMITH have made subsequent implementation dif- they raised five children: Roland Jr., Lydia, OF NEW JERSEY ficult, and extremely expensive in terms of Rosalind, Hiram and the late Phillip. Today, IN THE HOUSE OF REPRESENTATIVES personnel, equipment and funds. Many per- Reverend Crowder and his wife, Sister Ida B. Friday, November 18, 2005 sons indicted for war crimes, crimes against Cook Crowder, continue to serve in faithful humanity and genocide evaded justice for ministry and community outreach to the con- Mr. SMITH of New Jersey. Mr. Speaker, ten years, some to wreak havoc later in Kosovo gregation of Second Calvary Missionary Bap- years ago this month a genocidal conflict was and elsewhere, and some like Ratko Mladic tist Church. brought to an end in the Balkans. By initialing and Radovan Karadzic, remain at large. With Mr. Speaker and Colleagues, please join me a ‘‘General Framework for Peace’’ at Wright- the economy destroyed and both organized in honor and recognition of Reverend Doctor Patterson Air Force Base near Dayton, Ohio, crime and official corruption rampant, the peo- Roland Hayes Crowder, whose compassionate on November 21, 1995, Bosnia and ple of Bosnia and Herzegovina became pas- leadership and guidance has been reflected Herzegovina emerged from almost four years sive and dependent on the international com- throughout the Second Calvary Missionary of that conflict wondering whether it could sur- munity for their very survival. Baptist Church of Cleveland, Ohio, for forty vive as an independent unitary state and re- Perhaps the greatest flaw in the Dayton years. His commitment, kindness and caring cover from the utter destruction not only of its Agreement was its heavy reliance on for people in need of emotional and spiritual towns and cities but of its own, multi-ethnic Slobodan Milosevic himself to follow its terms, restoration continues to lift the spirits of count- society. which he did only under considerable pres- less individuals, and will forever bring faith, Time dulls our recollection of what the car- sure. Betting on the man most responsible for hope and light throughout our entire commu- nage in Bosnia was really about, so I believe igniting the conflict meant undercutting the de- nity and far beyond. it important to recall the nature of this, the velopment of democratic forces in Serbia

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.104 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2429 which are necessary for the long-term stability DEPARTMENTS OF LABOR, health care providers in urban, underserved of southeastern Europe. Many of us worked HEALTH AND HUMAN SERVICES, areas, but training grants for healthcare pro- hard to correct this flaw in the immediate post- AND EDUCATION, AND RELATED fessionals are cut $206 million, 69 percent. Dayton years, and continue to encourage AGENCIES APPROPRIATIONS Further, nearly 46 million Americans are with- democratic forces in Serbia to reckon fully with ACT, 2006 out health insurance yet Republicans provide the Milosevic legacy. virtually no funding for new Community Health SPEECH OF Centers beyond those approved last year. Re- Fortunately, along with the eventual ouster publicans also eliminate the Healthy Commu- of Slobodan Milosevic in Serbia, we have HON. SHEILA JACKSON-LEE OF TEXAS nities Access Program, $83 million, and state seen more vigorous and positive action to IN THE HOUSE OF REPRESENTATIVES planning grants to improve health care cov- move ahead in Bosnia and Herzegovina dur- Thursday, November 17, 2005 erage, $11 million. Preventive Health Block ing the past five years. More of the displaced Grants to state health departments help ad- have returned to their original homes than was Ms. JACKSON-LEE of Texas. Mr. Speaker, dress critical public health problems. The bill thought possible when Dayton was negotiated. I speak today in opposition to H.R. 3010, the provides less for responding to disease out- It hasn’t been easy for many who return as Labor-HHS-Education Conference Report. breaks, immunizing children, and improving members of a minority population, but deter- First and foremost, I am highly disturbed that care for people with chronic diseases, when it mination has helped them to prevail. More and the report has no earmarks for Member pro- cuts these grants by $31 million or 24 percent. more individuals indicted by the International grams. Unfortunately, this conference report In addition, The International Labor Affairs Criminal Tribunal for the former Yugoslavia, in- invests nearly $1.5 billion less in critical edu- Bureau will have a hard time protecting Amer- cluding Milosevic, have been transferred to cation, health care and job assistance than ican workers from being undercut by child and The Hague, and, at a recent Helsinki Commis- last year. In fact, Republicans will spend more slave labor abroad after being cut by $20 mil- sion briefing, we learned that Bosnia’s own on tax cuts this week, $70 billion, than they lion or 21.4 percent. War Crimes Chamber has been established will on all education and labor programs over In closing let me note that I was dis- and is ready to conduct sensitive trials in ac- the entire coming year, $68 billion. The con- appointed that the bill did provide earmarks for cordance with the rule of law. Srebrenica is ference report is only the most recent evi- Member projects. However, I was pleased to being acknowledged as the crime that it was. dence that Republicans are out of touch with see that this action by the Republicans was Defense and police reform are underway, the priorities of the American people. To- the straw that broke the camel’s back, and as helping to pave the way for Bosnia’s further gether, America can do better. a result, the Conference Report was voted Euro-Atlantic and European integration. The With a record 55 million children in public down. I hope once conferees return to the region around Brcko, so brutally contested schools and state budgets stretched thin, No drawing board; they get it right once and for during the conflict that not even Dayton could Child Left Behind funding is cut by $784 mil- all. determine its status, now provides a model of lion. Title I, which is the core of NCLB’s efforts f multiethnic cooperation and economic recov- to improve reading and math skills, receives ery for the rest of the country. There are now the smallest increase for Title I in 8 years— CIVIL RIGHTS AND THE RULE OF discussions of constitutional reforms which, if only $100 million—which means 3.1 million LAW adopted, will hopefully make the country of low-income children will be left behind. Fur- Bosnia and Herzegovina a sum of its citizens ther, even as the cost of a 4-year public col- HON. ELIJAH E. CUMMINGS and not a balance of its ethnicities. lege education has increased $3,095, 34 per- OF MARYLAND cent, since 2001, the maximum Pell Grant is IN THE HOUSE OF REPRESENTATIVES If the Dayton Agreement succeeded in any- frozen for the fourth straight year, and no new thing, Mr. Speaker, it was because its detailed funding for all other student financial aid and Friday, November 18, 2005 provisions and improved implementation have support programs is provided. These cuts are Mr. CUMMINGS. Mr. Speaker, when our provided the people of Bosnia and unthinkable, and the American people do not new Attorney General, Alberto Gonzales, Herzegovina with both the parameters of a deserve this treatment. pledged earlier this year that enforcement of state and enough time to bring their country In addition to other horrible cuts, in an age our civil rights laws would be one of his prior- back from the abyss. I have increasing con- where being tech-savvy is a necessity not a ities, we all wished him well in fulfilling that fidence that they will succeed in moving from privilege, the digital divide just got bigger as commitment. what was admittedly a ‘‘General Framework the bill cuts the Education Technology Pro- When leaders here in Washington—Demo- for Peace’’ to a solid basis for unity, freedom, gram by $221 million or 45 percent. Repub- crats and Republicans alike—have expressed prosperity and integration. licans will actually cut the Federal share of support for extension of the 1965 Voting special education costs from 18.6 percent in Rights Act, our hopes for a better and more In the meantime, the international commu- FY 2005 to 18.0 percent by providing the just society have been encouraged. nity has much it still needs to learn and de- smallest increase for the Individuals with Dis- When this Nation rose as one and bowed velop. The conflict in Bosnia and Herzegovina abilities Act in a decade. The bill provides $4 our heads in respect for the life of Ms. Rosa gave new purpose to NATO and enabled it to billion less than Republicans promised for Parks, the ‘‘Mother of Civil Rights in America,’’ begin operating out of area. Fifty years after IDEA. It is hard to imagine, but with 7.4 million we also were re-dedicating ourselves to the the Holocaust, those who commit war crimes, Americans out of work, Republicans cut the ideals of equality, opportunity and civility that crimes against humanity and genocide no Community College Initiative’s efforts to train are the foundation of American society. longer operate with complete impunity. Still, workers for high skill, high paying jobs by I remind the House of these promising, non- the international community—whether the $125 million and rescind $125 million from partisan expressions of our Nation’s shared United States and its allies, regional bodies or funds provided last year, denying this assist- values, Mr. Speaker, for a very important rea- the United Nations—remains slow in respond- ance to 100,000 Americans. Republicans also son. ing to human suffering, or in recognizing the cut job search assistance through the Employ- Last Sunday, the Washington Post pub- implications massive human rights violations ment Service by $89 million, 11 percent. To lished a news article that outlined some deep- can have on international security. It too read- further add injury to insult, state Unemploy- ly disturbing assertions about the operation of ily accepts the reality of innocent people being ment Insurance and Employment Service of- the Department of Justice’s Civil Rights Divi- attacked, brutalized and killed. Look at the re- fices are cut by $245 million, 7 percent, elimi- sion. sponse during the assault on Srebrenica and nating help for 1.9 million people. With con- The article entitled Civil Rights Focus Shift then at the response to Darfur today; the simi- sumers expected to pay 52 percent more for Roils Staff at Justice, written by Mr. Dan larities are strong. natural gas and 11 percent more for electricity Eggen, reported that nearly 20 percent of the this winter, Republicans still failed to increase Civil Rights Division’s non-political attorneys I therefore hope, Mr. Speaker, that Dayton’s funding for LIHEAP home heating assistance, resigned or retired during fiscal year 2005. tenth anniversary is commemorated in a way which helps keep the heat on for low-income We also learned that significant disagree- that includes not only encouragement for Bos- seniors and children. ments exist between career civil rights attor- nia and Herzegovina to move beyond the Only about 10 percent of physicians in neys within the Department and administration agreement’s limiting provisions, but encour- America practice in rural areas despite the fact appointees about the priority that should be agement for all policymakers to learn from the that one-fourth of the U.S. population lives in given to the enforcement of our civil rights lessons of inaction in the face of evil. these areas. There are significant shortages of laws.

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.108 E18NOPT1 E2430 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 These policy disagreements—at the core of HONORING PROFESSOR LAWRENCE cation, health care, and poverty alleviation. many resignations—have included the Depart- F. ROBERGE The $50 billion in Republican cuts will have a ment’s decisions to approve redistricting plans devastating impact on families across America in Mississippi and Texas, as well as the con- HON. JOHN B. LARSON and in my home State of Massachusetts. troversial decision to approve a new Georgia OF CONNECTICUT At the same time, Republicans are pushing statute that would require voters to present IN THE HOUSE OF REPRESENTATIVES a $70 billion tax package that will overwhelm- government-issued photo identification cards ingly benefit the most wealthy Americans and at the polls. Friday, November 18, 2005 actually increases the deficit by $16 billion. In October, Judge Harold Murphy of the Mr. LARSON of Connecticut. Mr. Speaker, I Now, I support the idea of shared sacrifice U.S. District Court for the Northern District of rise today to congratulate Professor Lawrence but the only sacrifice in this bill is by those Georgia granted an injunction last month to F. Roberge for being awarded the 2005 U.S. that need our government’s support the most: lawyers for Common Cause of Georgia, the Professor of the Year for the State of Con- $14.3 billion, cut from student loans; $11.4 bil- ACLU, the NAACP and other groups who necticut by the Carnegie Foundation for the lion, cut from Medicaid; $4.9 billion, cut from have challenged the Georgia photo identifica- Advancement of Teaching and the Council for child support; $844 million, cut from food tion statute under the 1965 Voting Rights Act. Advancement and Support of Education, stamps. Judge Murphy ruled that the petitioners CASE. Republicans will cut student loan funding by have shown a substantial likelihood that they Professor Roberge earned this award for his $14.3 billion. This represents the largest single will ultimately prevail in establishing that it ‘‘un- work as the associate professor and chair of cut in the history of the student aid program at duly burdens the right to vote’’ and ‘‘con- the Science Department at Goodwin College a time when the cost of tuition has risen 28 stitutes a poll tax.’’ Recently, a three-judge ap- located in East Hartford, CT in my district. As percent at public colleges and 17 percent at pellate panel, made up of one Democratic and a dedicated educator for nearly 20 years, Pro- private colleges in the last five years. In my home State of Massachusetts there two Republican appointees, confirmed this fessor Roberge has taught a variety of college are 172,640 student loan borrowers. Under reasoning by upholding the lower court’s in- science and technology courses. Professor the Republican plan, the average student bor- junction. Roberge’s expertise and skills aided him in rower in Massachusetts, with $17,500 in loans Why, we must ask, does the policy leader- also designing and teaching online educational will be forced to pay an additional $5,800. ship of our Department of Justice not agree? courses. During his tenure as chair of the Science The Republican budget bill cuts of $11.4 bil- Consider, also, this revealing fact. The De- Department at Goodwin College, Professor lion from Medicaid. This $11.4 billion cut in- partment of Justice’s own statistics confirm Roberge developed multi-media and com- cludes $6.5 billion in cuts that are borne di- that prosecutions for the racial and gender dis- puter-based teaching tools to aid in the devel- rectly by Medicaid enrollees—who include low- crimination crimes traditionally handled by the opment and training of the Science Depart- income children and seniors, as well as indi- Civil Rights Division have declined by 40 per- ment teaching staff. In addition, Professor viduals with disabilities. cent over the past 5 years. Roberge was responsible for designing the Massachusetts ranks 12th in the country for The Department has vigorously disputed science curriculum and labs for the nursing Medicaid enrollment with over 1.2 million en- both the significance of the policy disagree- program. Professor Roberge was an inspira- rollees. The cuts would harm millions of low- ments within its Civil Rights Division and the tion in the classroom while he taught courses income people across the U.S. and thousands exodus of so many career attorneys. in chemistry, anatomy and physiology, and in Massachusetts who rely on Medicaid for However, the facts indicate that Attorney microbiology. health coverage. General Gonzales faces some very real obsta- The Council for Advancement and Support Child support enforcement will be cut by cles to his promise about renewed civil rights of Education and the Carnegie Foundation for $4.9 billion. The Congressional Budget Office, priority. the Advancement of Teaching award four uni- CBO, estimates that this will result in reducing Mr. Speaker, we know from history that the versity and college professors as national win- child support collections by $24.1 billion over legitimacy of any government rests upon the ners and also recognize a State Professor of the next 10 years. fairness of its laws and willingness to vigor- the Year in 40 States, the District of Columbia Experts agree that child support is a cost ef- ously uphold the rule of law. and Guam. These professors are recognized fective way of reducing poverty. In 2002, 1 We cannot overlook patterns of systematic for their outstanding commitment to teaching million Americans were lifted out of poverty neglect within the agency entrusted to enforce undergraduate students and their influence on through child support payments. For every $1 our laws. fellow colleagues. spent on child support enforcement programs, These failures threaten our most funda- Mr. Speaker, I ask that my colleagues join $4.38 in child support is collected. mental legal guarantees. me today in congratulating Professor Law- Massachusetts would lose $88 million in Federal support over 5 years, rising to $282 That is why we must not be hesitant to seek rence F. Roberge for receiving this prestigious million over 10 years. The estimated loss in the answers to the hard questions, the ques- award. As a former educator, I am honored to child support collections would be $140 million tions that the people we represent are asking. recognize Professor Roberge for his excep- over 5 years, rising to $428 million over 10 Why have civil rights cases declined so pre- tional commitment and service to teaching un- dergraduate students in the State of Con- years. cipitously in recent years? Nearly 250,000 Massachusetts children cur- necticut. Why have career attorneys in the Civil rently receive child support enforcement serv- Rights Division been reassigned to other du- f ices. This will have a devastating effect on the ties? DEFICIT REDUCTION ACT OF 2005 Commonwealth’s children who live in single- Why are so many career lawyers leaving parent families. the Department of Justice? SPEECH OF Finally, this bill as originally drafted would What must Congress do to better support cut food stamps by $844 million and will result America’s chief law enforcement officer in ful- HON. MARTIN T. MEEHAN in over 200,000 people losing assistance. filling his commitment to make enforcement of OF MASSACHUSETTS Where are our priorities when we put tax our civil rights laws a priority? IN THE HOUSE OF REPRESENTATIVES cuts for the wealthy above the elderly, low in- Mr. Speaker, let the discord within the De- Thursday, November 17, 2005 come families, students, and children? Vote ‘‘no’’ on the Republican budget bill. partment of Justice serve as a bellwether to all Mr. MEEHAN. Mr. Speaker, I rise today to Americans who believe in the principles of civil oppose the Republican budget bill. f rights. Unfortunately, this bill is just another exam- GJERGJ KASTRIOTI A renewed vigor and more certain direction ple of the disdain that this administration and ‘‘SKENDERBEG’’ are desperately needed in the enforcement of this Congress has shown for the most vulner- civil rights. able in our society. While the wealthy are lav- HON. DANA ROHRABACHER We must remain vigilant. We must move ished with tax cuts, critical social services are OF CALIFORNIA forward with a sense of urgency. being reduced. IN THE HOUSE OF REPRESENTATIVES If America is to serve as the beacon of de- Under the guise of offsetting the costs of mocracy for the rest of the world, it is the im- Katrina and deficit reduction, House Repub- Friday, November 18, 2005 perative that we enforce justice, equality and licans are severely cutting important programs Mr. ROHRABACHER. Mr. Speaker, I wish the rule of law within our own country. that millions of Americans rely on for edu- to place in today’s CONGRESSIONAL RECORD

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00034 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.113 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2431 this excellent speech by Congressman Joseph our Albanian national hero from those who ished personal freedom and national inde- J. DioGuardi on Gjergj Kastrioti ‘‘Skenderbeg.’’ knew him well. Having now read a great deal pendence. He was the subject of many books, about Skenderbeg, it became evident that a poems, and even an opera by Vivaldi! His im- GJERGJ KASTRIOTI ‘‘SKENDERBEG’’ Roman Catholic priest from Shkodra, Marin posing figure, sword in hand, atop his majes- (By Joseph J. DioGuardi) Barletius, wrote the most comprehensive and tic stallion, graces the capitals of Italy, Aus- From 1443, when he returned in triumph to vivid account of Skenderbeg’s life and deeds. tria, and Hungary today. And, on the 600th the White Castle in Kruja to his deathbed at His twelve-volume work included Kastrioti’s anniversary of his birth, a Congressional Lezha in 1468, Skenderbeg left an unforget- letters, speeches, and his philosophy of life, Resolution introduced in the U.S. House of table legacy of great heroism in the defense religion, and nation. Since Barletius was a Representatives, the most democratic forum of freedom. Gjergj Kastrioti lived and died contemporary of Skenderbeg, he had access in the world, recounts his many deeds and for what he firmly believed were the sacred to firsthand information from the battle- his importance as an historic figure not just values of faith, virtue, honor, freedom, cour- fields, the archives in Rome, and many other for Albanians and the Balkans, but Western age, and love of country. These universal personal firsthand accounts from witnesses Europe, which he saved from Ottoman domi- values are clearly displayed in his cor- of Kastrioti’s phenomenal accomplishments, nation. respondence and speeches, along with his character, and charisma. The scholarly work What Albanians can learn today from deep philosophy of life and his incredible of Barletius, originally written in Latin, was Skenderbeg’s life and deeds is limitless. As a deeds. Who was Gjergj Kastrioti? Why is he translated widely, including French and man of great faith, he placed himself at an important historical figure? What can Al- English, which allowed many to know about God’s mercy on many occasions where he banians today learn from his life and deeds? the legendary feats of Skenderbeg. was facing overwhelming odds. On one such Why is he not better known around the The nineteenth-century American poet occasion, after defeating the Hungarian world? Henry Wadsworth Longfellow had been mes- army at Varna in 1445, Sultan Murad sent a Kastrioti was the son of an Albanian merized reading about the incredible life and threatening letter to Skenderbeg, who now prince, Gjon Kastrioti, who ruled the Alba- deeds of Gjergj Kastrioti. His epic poem stood between the Ottoman Empire and a nian lands in the Balkan Peninsula at the ‘‘Scanderbeg’’ gave a vivid account of Europe in disarray. True to his nature as a end of the 14th century and the beginning of Kastrioti triumphant in Kruja on November great leader and man of God with a steadfast the fifteenth century. Gjon had kept the in- 28, 1443: vision of freedom for his people and all of vading Ottoman Turks at bay for more than Europe, he boldly responded to the Sultan: . . . Anon from the castle walls twenty years when he was forced into a de- ‘‘Cease your angry threats and tell us not The crescent banner falls, ceptive peace treaty in 1422 with Sultan of the Hungarian (mis)fortune. Every man And the crowd beholds instead, Murad II to secure the rear of the Turkish has his own resolution . . . and so will we Like a portent in the sky, army in Southeast Europe and spare the with patience endure such fortune as it shall Iskander’s banner fly, lives of his people from the wrath of the please God to appoint us. Meanwhile, for di- The Black Eagle with double head. Ottoman Empire. To guarantee the arrange- rection of our affairs, we will not request And shouts ascend on high ment, the Sultan took Gjon’s youngest son, counsel of our enemies, nor peace from you, ...’’ Long live Scanderbeg. Gjergj, hostage to Adrianople, the European but victory by the help of God!’’ capital of the Ottoman Empire. Here, Gjergj Skenderbeg’s genius has been likened by Albanian leaders today, especially in was sent to the Ottoman military academy many military experts to Alexander the Kosova seeking complete independence from where he excelled in all ways and adopted Great. Major General James Wolfe, com- Serbia, would do well to emulate the reso- the Moslem alias ‘‘Iskender Bey,’’ or Lord mander of the English army at the siege of lute way in which Skenderbeg pursued his vi- Alexander after Alexander the Great. Quebec, Canada, wrote to Lord Sydney that sion of freedom for his people. He made no Skenderbeg’s excellent academic and mili- ‘‘Scanderbeg exceeds all the officers, ancient room for compromise with his enemies and tary record caught the eye of the Sultan, and modern, in the conduct of a defensive showed fierce determination to prevail even who gave him the rank of general even be- army. I met him in Turkish history but no- in the face of such a formidable adversary as fore reaching twenty years of age. where else.’’ the Ottoman Empire. He did this relying not Skenderbeg’s military successes against the Historian Edmond Gibbon in his Decline only on his skill as a great national leader enemies of the Ottoman Empire became leg- and Fall of the Roman Empire said: ‘‘In the and military tactician, but on his belief in endary, as were the decorations and gifts be- list of heroes, John Hunyadi and Scanderbeg God’s providence as well. We can all learn stowed on him after each incredible triumph. are commonly associated and entitled to our from Skenderbeg’s great example in pur- An important turning point in notice since their occupation of arms de- suing the Albanian national cause today. Skenderbeg’s life came when, in 1443, he re- layed the ruin of the Greek (Byzantine) Em- Skenderbeg again showed his great faith in ceived the sad news from Kruja of his fa- pire. . . . The Albanian prince may justly be God and deep loyalty to friends after his ther’s death. Gjon had defied and frustrated praised as a firm and able champion of his great friend and patron Alphonse, King of the Ottomans for more than fifty years and national independence. The enthusiasm of Naples and Sicily, died in 1460. Italy was the Sultan grew suspicious of Skenderbeg’s chivalry and religion has ranked him with plunged into bloodshed and rebellion, and potential to take his father’s place in trying the names of Alexander the Great and Ferdinand I, Alphonse’s son and successor, to perpetuate a free Albania even after Pyrrhus. . . .’’ came under attack from the French once Greece, Bulgaria, Romania, and Serbia had Even the Elizabethan poet Edmund Spen- again. Feeling a deep moral obligation to been conquered. Skenderbeg sensed the dan- ser held that Scanderbeg was ‘‘matchable to repay his steadfast friends and allies on the ger to him and to his father’s people and de- the greatest of the great’’ in his preface to other side of the Adriatic, Skenderbeg him- cided to seize the moment in November 1443, an English translation of Barletius, which self led an elite cavalry of 2,000 men there in when he was sent on a military excursion to concluded by saying: the summer of 1461 and soon turned the tide defeat the Hungarians led by another great To one whom later age has brought to light, against the French and their Italian collabo- freedom fighter (and thorn in the side of the Matchable to the greatest of the great: rators in the bloody battle of Apulia. In Sultan), Janos Hunyadi. Rather than do the Great both in name and great in power and reading the accounts of Skenderbeg’s exhor- Sultan’s dirty work at Nish (in Serbia might, tation to his soldiers before the battle of today), he fooled his fellow Ottoman com- And meriting a mere triumphant feat. Apulia, one is reminded of George Wash- manders and fled the battlefield to Kruja The scourge of Turks, and plague of infidels, ington exhorting his troops at Valley Forge: with three hundred of his loyal Albanian Thy acts, O’ Scanderbeg, this volume tells. ‘‘This now is our case, my good soldiers. horsemen. Two weeks after triumphantly en- Finally, among the many, many accounts . . . We are now across the sea far from our tering Albania at Dibra, he stormed the of one Albanian hero, we turn to the notable own homes and from our own country. . . . White Castle at Kruja on November 28, 1443 nineteenth-century English literary figure We are amongst strangers, altogether with- and deposed the Ottoman governor there. Lord Byron who fell in love with everything out hope of ever returning again to our own The next twenty-five years would see some he saw in Albania. Like Kastrioti, Byron had (home) . . . if we do not win a notable vic- of the greatest military feats against the a deep love of freedom and national inde- tory over our enemies. But have courage, my ever powerful and growing Ottoman Empire. pendence. In his poem ‘‘Child Harold’s Pil- men: Let us consider that this is God’s will It was only after Skenderbeg’s death in 1468 grimage,’’ he wrote: . . . that we should maintain . . . the seat of that the Ottomans were able to get a foot- the Church. And never doubt that He will hold in Albania. Without their great leader, Land of Albania, where Islander rose, send us even from heaven an easy and speedy the struggle against the Ottomans faltered, Theme of the young, and beacon of the wise, victory.. . and then shall we return to our leading to a complete occupation of Alba- And he, his namesake, whose oft-baffled foes own country victors, joyous and trium- nian lands in 1488. This lasted 425 years until Shrunk from his deeds of chivalrous emprize. phant.’’ Ismail Qemali raised Skenderbeg’s double- Land of Albania, let me bend my eyes One might ask, after hearing of the great- headed eagle banner at Vlora on November On thee, though rugged nurse of savage men! ness of Skenderbeg, why he is not as well 28, 1912. Where is the foe that ever saw their back? known today as before. I believe that the his- It is one thing for Albanians today to ... tory of Gjergj Kastrioti is inextricably tied praise and honor Gjergj Kastrioti. But let’s In short, Gjergj Kastrioti was an excep- to that of the Albanian people. The Albanian now take some time to hear about this saint- tional military genius, a man of great faith nation was submerged under the Ottoman ly knight, his incredible military genius, and and courage, a philosopher and one who cher- Empire for 425 years. When it emerged in

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00035 Fmt 0626 Sfmt 0634 E:\CR\FM\A18NO8.118 E18NOPT1 E2432 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 1912, it was unfairly divided so that only half the Pacific and participated in the Battle of IN RECOGNITION OF NEW YORK of the seven million Albanians who live in Leyte Gulf in the Philippines. In one engage- CITY COUNCIL SPEAKER GIF- the Balkans today live in the State of Alba- FORD MILLER nia, with the other half living on her borders ment, the Battle of Surigao Strait, the USS in five other jurisdictions. The State of Melvin fired a torpedo that hit the Japanese Yugoslavia was created after World War I on battleship Fuso, splitting it in half and eventu- HON. CAROLYN B. MALONEY the backs of the Albanian people and on ally sinking it. According to historical reports, OF NEW YORK their land. Then Communism again sub- the USS Melvin was the only destroyer to sink IN THE HOUSE OF REPRESENTATIVES merged the Albanian people—this time a battleship in World War II. For his heroism throwing them into a political and economic Friday, November 18, 2005 ‘‘black hole,’’ stretching from Belgrade to and leadership aboard the USS Melvin, Admi- Mrs. MALONEY. Mr. Speaker, I rise to pay Tirana, for almost fifty years after World ral Atkins was awarded the Navy Cross. In tribute to Gifford Miller, Speaker of the New War II. It is a wonder that the Albanian peo- 1959, Admiral Atkins retired after 27 years of York City Council. Speaker Miller led the ple kept their language, their history, and faithful service to the U.S. Navy. Council through four contentious years, win- their hope alive throughout the last six hun- dred years of occupation and resistance. It is Admiral Atkins’ bravery during the Battle of ning on issues that are important to New York- a wonder that, amid all the national stress Leyte Gulf helped change the course of our ers. He has been an exceptional City Council and personal sacrifice, that Gjergj Kastrioti Nation’s history and I am truly grateful for his Speaker who has truly made New York City a has not been forgotten altogether. But he leadership and unwavering courage aboard better place to live. As a colleague, an ally has not been forgotten, and it is a tribute to the USS Melvin. I hope that you will join me and a friend, he has been one of the best his greatness and to the besa of the Albanian in honoring the life and service of Admiral public servants around. people that, against all odds, Albanians are Speaker Miller began his political career in Barry K. Atkins and offering our most sincere standing free today, in Albania and Kosova, my office. He rose quickly from an entry level and that the sons and daughters of condolences to his family and friends. Skenderbeg continue to adore him as their position in my Washington office to running my New York district office. From the begin- national hero and liberator, and are building f even more memorials to his past and present ning his talents were obvious. He was hard- glory and significance—even, with a U.S. IN HONOR OF KEITH SHAFFER working and dedicated, drafting legislation to Congressional Resolution (H. Res. 522), in the fund the development of pocket parks in urban capital of the only superpower in the world areas and other matters. Recognizing his abili- today, Washington, DC. ties, I soon promoted him to run my district of- AUTHOR’S POSTSCRIPT HON. SAM FARR fice. The battle of Apulia in the southern part OF CALIFORNIA As Chief of Staff in my New York office, he of the Italian Peninsula, near Naples, is of established himself as a knowledgeable, com- IN THE HOUSE OF REPRESENTATIVES special significance to me and my family. In mitted leader in the community. Most of all, 1461, after Skenderbeg and his elite cavalry helped save the Kingdom of Naples from Friday, November 18, 2005 Speaker Miller clearly loves New York City, French domination, the future security of and wants to make this the best possible the Kingdom was assured when Gjergj Mr. FARR. Mr. Speaker, I rise today to place to live. Thus, when he ran for City Kastrioti decided to leave two thousand honor the life and legacy of Keith Shaffer, an Council in a special election, he had enor- horsemen there, while he returned to Alba- influential and much beloved member of the mous credibility and was able to defeat a well- nia to continue to defend the Albanian peo- community in the Santa Cruz area. Mr. Shaffer known opponent. ple from Ottoman Turkish domination. As lived a life of dedicated and generous service I will never forget that election. Called for an inducement for Skenderbeg to agree to the dead of winter, petitioning took place on what must have been a difficult decision for to his community. He is survived by his wife him, the King of Naples awarded the Alba- Elinor Shaffer; his two sons, William and Rich- chilly street comers in dreadful weather. I nian soldiers an area about forty miles east ard Shaffer; daughter-in-law Alana Shaffer; joined Miller and his volunteers in standing out of Naples, including a high mountaintop vil- and his two grandsons. in freezing temperatures. People were im- lage called Greci. Greci had been formed by pressed by his energy, drive and cheerfulness, Greek farmers and merchants in 535 AD and Mr. Shaffer was born in the San Joaquin even in appalling conditions. They saw clearly had since declined after most Greeks aban- Valley town of Atwater, on October 15, 1915. that he was going to work hard for his con- doned the area that they had controlled in After serving as a naval aviator during World stituents, and he always has. the first millennium. Albanians changed the War II, he eventually moved to the Santa Cruz Miller quickly established himself as a smart name of the village to ‘‘Katundi,’’ which is area in 1950, where he took over his brother’s and aggressive legislator, who was able to the name used today by the Albanian resi- dents, even though the Italians still call it floral business. While Mr. Shaffer was a suc- stand up for his district. He passed laws to re- Greci. My father, Joseph, Sr. immigrated to cessful businessman, he also found time to duce noise, increase voter participation and America from Katundi in 1929 at the age of give back to the community, by serving on nu- protect the environment. fifteen. His family is descended from one of merous school boards, the Dominican Hospital On January 9, 2002, Miller was unanimously Skenderbeg’s two thousand soldiers, and this Advisory Board, the Rotary Club of Santa elected by his colleagues to the post of City is a great reminder that the seeds of Cruz, the Santa Cruz Chamber of Commerce, Council Speaker. For the last 4 years, Miller Skenderbeg are still spreading across the has led the New York City Council, overseeing oceans of the world today. and the California Automobile Association. Mr. Shaffer was a shining example of dedication the passage of all new laws and the city’s $47 f billion budget. As part of the budget agree- and devotion to citizens of the community. IN MEMORY OF ADMIRAL BARRY ment for FY2005, Miller fought for and won K. ATKINS, U.S. NAVY (RET.) In 1937, Keith Shaffer married his childhood $50 million in tax cuts for more than 700,000 sweetheart Elinor George. Along with his wife workers through the passage of New York HON. ERIC CANTOR Elinor, and his two sons, William and Richard, City’s first Earned Income Tax Credit. the other love of Mr. Shaffer’s life was his or- Under his leadership, the Council has OF VIRGINIA chids. Mr. Shaffer was well known within the passed more legislation than any previous IN THE HOUSE OF REPRESENTATIVES floral community for his creation of several hy- council, including bills to extend a living wage Friday, November 18, 2005 brid orchids, most notably his ‘‘Capitola Moon- to 50,000 workers, protect children from lead Mr. CANTOR. Mr. Speaker, I rise today to light,’’ which was recognized by the Royal paint poisoning, provide training and education honor the late Admiral Barry K. Atkins of Rich- Horticulture Society with its highest honor, and to people moving from welfare to work, require mond, Virginia, who passed away on Tuesday, perhaps his favorite, the ‘‘Elinor Shaffer.’’ every city hospital to offer emergency contra- November 15, 2005. Admiral Atkins spent a ception to sexual assault victims, provide more lifetime in service to his country and should be Mr. Speaker, the service of local members school nurses to more city students and es- honored today. of the community are an asset to this Nation, tablish tax credits to encourage greater energy In 1932 Admiral Atkins graduated from the and I am deeply grateful for the contributions saving and cleaner air. U.S. Naval Academy and began his distin- of Mr. Shaffer. The passing of Mr. Shaffer is Throughout his term as Speaker, Miller was guished career as a Naval officer. During a painful loss for the community. It is clear forced to battle the mayor and Governor to World War II, Admiral Atkins took over com- that Keith Shaffer has made a lasting impact preserve New York’s priorities. He was re- mand of the USS Melvin, a Navy destroyer. on the community, and I join the Santa Cruz markably successful. Miller led the Council in Admiral Atkins and his men were stationed in area in honoring the memory of Mr. Shaffer. overturning mayoral vetoes 21 times, more

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00036 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.121 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2433 times than any previous Council. These may- members: ‘‘He was a natural leader. He Marin Council of Agencies, the Marin County oral overrides enabled much-needed legisla- helped lead the efforts to break the color line, Adult Criminal Justice Commission, the Center tion to become law, including measures to not only in the ILWU, but in other unions and for Southeast Asian Refugee Resettlement, provide rape victims with emergency contra- in the community. He was an outstanding ne- the African American Coalition of Marin, and ception, expand access to birth control, pro- gotiator and union officer. And he took care of many other groups. vide training for people moving from welfare to business for the members.’’ His special interests were people, music, work, prevent homeowners from being unrea- Curtis was a tireless advocate of working reading, learning new things, all sports, and sonably fined and protect our air and water. people. He helped form the alliance between working with his family in his herb and vege- As a result of his efforts in budget fights, hun- the Teamsters and the ILWU that created the table garden. With a voice as smooth as silk, dreds of millions of dollars have been restored Northern California Warehouse Council, his love of music (his ‘‘unforgiving mistress’’) to the City budget for health care, child care, whose influence stretched to the Oregon bor- called to him no matter where he was. On college scholarships, libraries, senior citizens der. Curtis was also instrumental in the civil international junkets with the UN and the Jew- and HIV/AIDS prevention. In 2002, Miller’s rights movement, opening up employment op- ish Community Federation, the band somehow Education First campaign helped prevent hun- portunities to people of color in San Fran- knew to invite him on stage to sing. Shortly dreds of millions in proposed cuts to New York cisco’s auto and burgeoning hotel and tourism before his death, Luther achieved his greatest City’s public schools. industries. dream with the publication of his book of short Gifford Miller is an extraordinarily talented Curtis McClain also led in movements for stories titled, ‘‘Our Color Our Kind: A Male and hard-working public servant. Although social justice, peace, and disarmament. Mayor Bedside Reader.’’ At the time of his death, he term limits are bringing an end to his Speaker- Jack Shelly appointed him to the San Fran- was at work on an original screenplay and ship, I am hopeful that he will remain active in cisco Human Rights Commission, and Mayor new short stories. public life. New York city needs him. George Moscone appointed him to the San He is survived by his wife of 39 years, Mary Mr. Speaker, I request that my colleagues Francisco Fire Commission where he served Christine [Tina] (Mattice) Wallace; son James join me in paying tribute to Speaker Gifford for 12 years. Matthew Wallace, Santa Cruz, CA; daughter Miller, a remarkable public servant and com- Curtis McClain reminded us what can be ac- Cassandra Jane Wallace-James, Thousand munity leader. complished with determination and belief in Oaks, CA; grandchildren Tanesha Cherie, f the person working right beside you. His hard Tony LaBarron, Jr., and Luther Demetrius, IV STATEMENT IN HONOR OF CURTIS work for social justice and workers’ rights Wallace-James; his special ‘‘sister’’ Donella broke barriers and deepened the ties of our Dennis, Los Angeles, CA; and a host of cous- MCCLAIN wonderfully diverse community. Our thoughts ins, nieces and nephews. are with his family and friends as they gather Mr. Speaker, Luther Wallace inspired so HON. NANCY PELOSI to remember him, and we thank them for shar- many with his passion for human rights and OF CALIFORNIA ing Curtis with us. justice. His dedication and leadership enriched IN THE HOUSE OF REPRESENTATIVES f and informed the African American community Friday, November 18, 2005 and all of us in Marin County who will benefit TRIBUTE TO LUTHER C. WALLACE Ms. PELOSI. Mr. Speaker, I rise today to from his legacy. honor Curtis McClain, a champion of the trade f union movement and trailblazer for racial HON. LYNN C. WOOLSEY TRIBUTE TO TONY BENNETT equality, who passed away November 6 after OF CALIFORNIA a long battle with cancer. Friends and col- IN THE HOUSE OF REPRESENTATIVES leagues will gather on December 3 to pay trib- Friday, November 18, 2005 HON. PATRICK J. KENNEDY ute to his lifetime of service to the working OF RHODE ISLAND men and women of America. Ms. WOOLSEY. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES honor Luther C. Wallace of Marin County, Born of humble means in Akron, Ohio, Friday, November 18, 2005 World War II provided Curtis passage to a California, a community leader who passed new life. After his discharge he relocated to away from a brain tumor on November 10, Mr. KENNEDY of Rhode Island. Mr. Speak- San Francisco to find work. He found it in 2005. Luther was a visionary whose approach er, I rise today to honor an Icon of American ILWU Warehouse Local 6 working at Schmidt to inclusivity and human rights taught us all a Culture and one of our country’s finest citi- Lithography. He said, ‘‘I went into the paper lesson. zens, Tony Bennett. Much has already been seasoning department where work was Born in Bakersfield in 1941, Luther grew up said and written about the life and work of sweaty, hot and dusty. Although it was the last in Oxnard where, at a young age, he learned Tony Bennett, but I am honored to have the place I wanted to work, I needed the job so I the importance of empowerment from his fam- opportunity to say a few words about my stayed for 14 years.’’ ily. As a preteen, he stuffed envelopes for the friend here. Curtis became frustrated by post-war dis- NAACP, church functions, and local politi- Tony has been a part of the experience of crimination against African-Americans in the cians. In 1968, after serving in Viet Nam, he being an American for the last six decades. labor movement. Being passed over repeat- worked as a community organizer with the His arrival as a force in our culture was an- edly for promotion due to race inspired Curtis Ventura County Community Action Agency nounced nearly seventy years ago at the to form a group of African-Americans in Local while using his GI bill allotment to complete a opening of the Triborough Bridge in New York 6 called the Frontiersmen. Their encourage- degree in Psychology from California State City. At 10 years old, the son of an Italian im- ment and that of International and other local University, Northridge. He later earned a Mas- migrant and grocery store operator, Anthony officers drew Curtis into leadership positions. ters in Public Administration just prior to his Dominick Benedetto was invited to sing at a In 1960, Curtis became in the first African- first brain surgery. ceremony to open the bridge by another fa- American to be elected Business Agent for Luther went on to manage an energy con- mous son of Italy, New York’s iconic Mayor Local 6. servation program for the State of California Fiorello La Guardia. At the time, our country By 1969, Curtis was an important labor and service agencies in Ventura, Santa Cruz, was in the midst of a staggering Great De- leader in San Francisco and was elected Marin, and Santa Clara counties. Under his pression, President Roosevelt had begun the Local President, followed 2 years later by a leadership, the Human Rights Resource Cen- ‘‘New Deal,’’ and that bridge was a concrete position on the International Executive Com- ter, Inc. in San Rafael provided services—in- symbol that New York City, that America, and mittee of the ILWU. In 1977, he broke another cluding training manuals, Cultural Awareness that Americans, would persevere. The Bridge racial barrier when he was elected ILWU Sec- Training, and public policy recommendations— stood as the accomplishment of our American retary-Treasurer, the position he held until re- to every State as well as to 9 foreign coun- ingenuity, our hard work, and our craftsman- tirement in 1990. tries. ship. Looking back, with those values in mind, Curtis served with ILWU International Presi- Luther’s influence, often centered in the Afri- it is altogether fitting that Tony Bennett was dent Jimmy Herman. Together they fought for can American community, was also wide- there. a democratic and diverse trade union and spread through his commitment and involve- The ingenuity of his voice and his style have guided their membership through turbulent ment in the California Rainbow Coalition (co- transcended generations of American music times. founder), The California Democratic Party Ex- fans. Tony once quipped that he was spoiled Longtime Local 6 leader LeRoy King, who ecutive Board, the Marin Black/Jewish Dia- because he, ‘‘never had to sing songs [he] helped found the Trailblazers with Curtis, re- logue (co-founder), the Marin City Project, the didn’t like.’’ But it is generations of Americans

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00037 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.125 E18NOPT1 E2434 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 who have been spoiled by a sound that, no number of military dependents within the pro- the 60th anniversary of the disappearance of matter where or when it is heard, is always gram—projected to dramatically increase over the five naval Avenger torpedo bombers of fresh, always new, and uniquely American. the next 10 years—causing the cost of fully Flight 19 and the naval Mariner rescue sent to As Tony approaches his 80th birthday, he funding Impact Aid to escalate sharply. search for Flight 19. has sold more than 50 million records, he has For example, as a result of the BRAC rec- f won the praise of musicians across the spec- ommendations, over the next 4 to 5 years, the trum, and been acknowledged by his industry Department of Defense estimates that an ad- PERSONAL EXPLANATION for his lifetime of achievement. Yet, he con- ditional 32,000 dependent children of military tinues to work, bringing enjoyment to thou- families will enter stateside public schools due HON. RUSS CARNAHAN sands of fans each year, and winning new to overseas base closures and realignments. OF MISSOURI ones each day. Without additional funding, this tremendous in- IN THE HOUSE OF REPRESENTATIVES His accomplishments are not limited to just crease will cause a significant change to the Friday, November 18, 2005 music. He is also an accomplished painter in level of assistance to the current and future Mr. CARNAHAN. Mr. Speaker, due to tech- his own right. He is a tireless advocate for Ju- school districts serving our military children nical problems, my vote in favor of H.J. Res. venile Diabetes research, and the American and to the services and resources the districts 72 on Thursday, November 17 (rollcall No. Cancer Society—each year he donates one of will be able to offer our children. 599) was not recorded. I was, in fact, present his paintings for the ACS holiday card. He has Mr. Speaker, I would like to ask my col- for this vote and did vote in favor of the reso- been a friend of Presidents and Heads of leagues to pay attention to the critical situation lution. State, singing at the Inaugural festivities for our military children are facing and the further President John F. Kennedy in 1961 and Presi- deterioration of their educational resources f dent Bill Clinton in 1993. and services if we do not act soon. In a time DEFICIT REDUCTION ACT OF 2005 Tony has never been afraid to point out in- of war, it is absolutely essential that we pro- justice and advocate for equality. He marched vide the necessary resources to ensure our SPEECH OF with the Reverend Dr. Martin Luther King, Jr. military dependents’ educational funding will HON. JOE BACA in Selma, Alabama, and was an activist be maintained. OF CALIFORNIA throughout the Civil Rights Movement. Coretta f IN THE HOUSE OF REPRESENTATIVES Scott King, bestowing the Martin Luther King Center Award for Excellence upon Mr. Bennett TRIBUTE TO WILLIAM E. Thursday, November 17, 2005 in 2001, said, ‘‘Tony is not only one of Amer- LIGHTFOOT Mr. BACA. Mr. Speaker, the budget rec- ica’s premier performing artists, but he was a onciliation process is wrong, and it must be deeply-committed friend and supporter of my HON. TIMOTHY V. JOHNSON stopped. husband and the Civil Rights Movement, and OF ILLINOIS We must reject any cuts to critical federal he has continued to support the efforts of the IN THE HOUSE OF REPRESENTATIVES safety net programs when so many Americans King Center to fulfill Martin’s dream.’’ Friday, November 18, 2005 are experiencing hard times. They have been The list of accomplishments for Tony is in- forced to turn to the government, as well as numerable, he has embodied the American Mr. JOHNSON of Illinois. Mr. Speaker, I charities, for assistance with basic necessities. spirit and he has lived the American dream. I come to the house floor today to pay tribute to Nine hundred thousand American families could not be more pleased that the Kennedy William E. Lightfoot, PFC, of Lexington, IL, as affected by Hurricanes Katrina and Rita are Center for the Performing Arts has chosen to well as the 13 other Navy and Marine Corps relying on the Food Stamps Program to avoid honor Tony Bennett with its highest honors on airmen of Flight 19. On December 5, 1945, a hunger. Voting for this budget resolution is December 4th, 2005. Tony is truly a credit to five-plane squadron took off from Ft. Lauder- voting to cut food stamps for these families— his Italian heritage, and to the contributions of dale Naval Air Station in Florida. This would and for millions of others who would otherwise millions of immigrant families who have made be the last time anyone would see these go hungry. this country great. brave men, as all five planes mysteriously This budget resolution boosts mandatory His story is that of what is possible in Amer- vanished while flying over the Bermuda tri- cuts in crucial programs, including health care ica, what is great about America, and his life angle. A Mariner rescue plane, comprised of and student aid, by 44 percent. is the embodiment of what it means to be an 14 crew members, was sent to look for sur- Over ten million Latinos on Medicaid will be American. In short, Tony Bennett is a national vivors but they also vanished without a trace. affected by these cuts. Medicaid provides treasure, and it is with great pride that I speak In all, 27 men died in this unexplainable trag- health insurance to about 50 million people in today as his friend to say thank you for his edy. America, including 41 percent of people in contribution to our Democracy. To this day, no wreckage from any of the poverty. We need choices that can help the 34 f six planes has been found and no expla- percent of Latinos that are uninsured. nations have been realized. However, today, The budget reconciliation shows how mis- IMPORTANCE OF IMPACT AID the House of Representatives approved H. guided Republican priorities are. Instead of Res. 500 to honor these men and recognize helping make health care affordable, they will HON. JERRY F. COSTELLO the 60th anniversary of the disappearance. force families to choose between staying OF ILLINOIS Unfortunately, when this vote was called healthy or keeping the lights on. IN THE HOUSE OF REPRESENTATIVES today, I was unable to cast my vote. Had I The budget will slash such programs as stu- been able, I would have voted ‘‘yes.’’ I was a dent loans and therefore hurt hundreds of Friday, November 18, 2005 proud co-sponsor of this resolution and strong- thousands of American families. And yet the Mr. COSTELLO. Mr. Speaker, as a co-chair ly support honoring these brave men. My GOP budget also requires $70 billion in new of the Congressional Impact Aid Coalition, I heartfelt sympathy and admiration go out to tax cuts, helping mainly the wealthiest Ameri- rise today in strong support of the Impact Aid Private William E. Lightfoot and his surviving cans. program. family members. Under the proposed cut in student loans, Impact Aid provides important resources to f the typical student borrower could be forced to replace lost tax dollars to school districts that pay an additional $5,800 for his or her student include a military base, Indian land, or any PERSONAL EXPLANATION loans compared to under current law. type of Federal presence or activity to assist These budget cuts do nothing to ease the with the basic educational needs of its stu- HON. JERROLD NADLER national budget deficit. dents. These funds improve the quality of life OF NEW YORK While Republicans claim that they are seri- for our military personnel by ensuring their IN THE HOUSE OF REPRESENTATIVES ous about deficit reduction, their reconciliation children receive a quality education wherever plan actually increases the deficit by $20 bil- they are stationed. Friday, November 18, 2005 lion. Due to budget constraints, the Impact Aid Mr. NADLER. Mr. Speaker, due to official Let me repeat: the two GOP reconciliation program faces unique challenges. While most business, I missed a vote on November 17, bills together will result in a $20 billion in- education programs contend with an increase 2005. I ask that the RECORD reflect that had crease in the deficit! One cuts mandatory in the cost per pupil each year, Impact Aid I been able to, I would have voted ‘‘yea’’ on spending by $50 billion and the other cuts faces the additional challenge of an increasing H. Res. 500 (rollcall vote No. 597) recognizing taxes by $70 billion.

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00038 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.128 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2435 Mr. Speaker, this proposal makes no sense And the $106 billion in tax cuts will not ben- aminations for many of America’s neediest and is immoral. We cannot balance the budget efit the families of the troops fighting in Iraq, children. Maryland’s Medicaid rolls cover on the back of the poor. nor those who suffered in the gulf coast. No, 430,000 children and health services for People across the country responded with these cuts are targeted to benefit corporations 90,000 of them will be jeopardized by this pro- compassion and generosity to the suffering and the wealthy. vision. Approximately $2.5 billion of the Med- and devastation caused by Hurricanes Katrina Three hundred thousand low-income Ameri- icaid cuts will affect elderly Americans, who and Rita, and the federal government must cans will lose food stamp assistance; 17 mil- will lose access to nursing home care through continue to play a role to reduce the suffering lion Americans, half of them children, will see tougher restrictions on eligibility. of our fellow Americans in the gulf region. increased costs in Medicaid; the average stu- This bill reduces access to higher education. It is not compassionate to cut funding for dent will suffer an almost $6,000 increase in It contains $14.3 billion in reductions to Fed- critical programs that in many cases would his or her college costs because of $14.3 bil- eral student loan programs over 5 years, by hurt those very communities. lion in cuts to student loan programs. So we increasing the interest rates and imposing a I urge my colleagues to oppose this budget give tax cuts to those who don’t even need new 1 percent origination fee on all loans. resolution. them, and the back of our hand to those who This bill will hurt many families who rely on f need assistance. This is a disgraceful bill. It is child support payments. It reduces the Federal DEFICIT REDUCTION ACT OF 2005 socially unjust, and it will aggravate, not help match for child support administrative costs cure, our Nation’s fiscal crisis. In the strongest from 66 percent to 50 percent, eliminating HON. JERROLD NADLER possible terms, I urge a no vote on this bill. $4.9 billion in help for the States to enforce child support orders. The majority, which OF NEW YORK f claims to want to help our States, is shifting IN THE HOUSE OF REPRESENTATIVES DEFICIT REDUCTION ACT OF 2005 the cost of enforcement to them. It will not Friday, November 18, 2005 save money in the long run, and it will hurt SPEECH OF Mr. NADLER. Mr. Speaker, I rise in strong struggling single parent families across Amer- opposition to this horrible legislation. In all my HON. BENJAMIN L. CARDIN ica. years in Congress, this is easily one of the OF MARYLAND As a result of this bill, fewer children in fos- ugliest bills I have ever seen. I can’t think of IN THE HOUSE OF REPRESENTATIVES ter care will be eligible for payments, and a more glaring example of pandering to the Thursday, November 17, 2005 $577 million will be cut from these funds. This rich on the backs of the poor. It’s no wonder bill will also limit food stamp eligibility to only the Republican leadership needed all the extra Mr. CARDIN. Mr. Speaker, tonight the those households who are receiving cash as- time to bring it to the floor. House leadership is making a second attempt sistance through TANF, and requires that legal The cuts in this legislation will result in the at passing its 2005 budget reconciliation bill. permanent residents live here for 7 years, reduction, if not elimination, of services to This is still the wrong bill at the wrong time for rather than the current 5 years, before they those who need it most, and those who are America, and I will oppose it. can receive food stamps. The result will be able to fight for them least. I hope that those We have heard a host of arguments from $844 million less in food stamp assistance to in the faith-based community are watching the majority in support of this bill, which will low-income families. closely: this is the true face of ‘‘compassionate cut vital Federal programs by approximately The legislation before us is also making it conservatism.’’ This from the party which $50 billion over 5 years. Some have made the harder for some of the most disadvantaged claims to have cornered the market on moral- case that higher deficits hurt our Nation’s Americans, those who receive Supplemental ity. economy. I agree, but although this bill is titled Security Income, SSI, to receive assistance. It It is hard to identify what is most egregious the Deficit Reduction Act of 2005, it will do imposes an extra level of review for certain about this bill—there is such a litany of prob- nothing to ease our deficit situation. disability determinations and for those who are lems here. Is it the cuts in food stamps that H.R. 4241 is part of a larger strategy by the found eligible after lengthy delays, this bill re- will leave hundreds of thousands hungry? Is it House leadership resolution that calls for a quires that retroactive payments are spread that Medicaid funding has been decimated, total of $106 billion in additional tax cuts. This out over a longer period of time, for a total adding to the rolls of the millions without ade- strategy includes $70 billion in reconciled tax savings of $732 million. quate health insurance? Is it the hits that stu- cuts and $36 billion in unreconciled tax cuts. So in the name of paying for hurricane re- dent loan programs take, leaving our Nation’s The spending cuts in this bill are the initial lief, we cut funding for the programs that youth with still more financial burdens? Is it step. The majority intends to follow tonight’s would help the neediest Americans, including the insidious weakening of environmental pro- vote with a tax cut bill. After the tax cuts are many of the gulf coast citizens who were af- visions, inserted under cover of darkness? passed and in place, there will no funds avail- fected by that disaster. The list goes on and on. able to pay for hurricane relief. In the end, the At this time of economic uncertainty for our And despite the rhetoric from the other side, House leadership’s charade will not reduce country, the so-called Deficit Reduction Act this bill will do nothing to reduce the stag- the deficit; it will make the deficit even larger places the burden on the shoulders of the gering deficits we’ve been seeing. That is be- than it is today. American families least able to carry it. It is cause, under the Republican fiscal policies, In the weeks after Hurricane Katrina dev- clear that this legislation will make painful deficits are built into the system. As a result of astated the land and the lives of so many on cuts, and when combined with the tax legisla- the tax cuts for the wealthy that the Repub- the gulf coast, many lawmakers said they had tion will increase deficit problems that we face, licans forced down this country’s throat sev- a newfound understanding of the extent and and so I must vote against it. eral years ago, there is simply not enough rev- depth of poverty in America. They also said f enue coming into the treasury to eliminate the that the photographs from New Orleans, par- shortfall. Indeed, unless Republicans are plan- ticularly those taken at the Superdome and DEPARTMENTS OF LABOR, ning to gut just about all discretionary spend- the Convention Center, had demonstrated that HEALTH AND HUMAN SERVICES, ing, there is simply no way to plug the hole. government does have an important role in lift- AND EDUCATION, AND RELATED It’s basic arithmetic. ing Americans out of poverty. There seemed AGENCIES APPROPRIATIONS No, what’s going on here is that my Repub- to be bipartisan support for authentic, mean- ACT, 2006 lican friends have created a monster. Their tax ingful approaches to addressing the plight of cuts have starved our government of its re- poor Americans. I would hope that this senti- SPEECH OF sources, and have brought us from record sur- ment still remains. But if it does, it is not evi- HON. MARK UDALL pluses to record deficits. But will budget rec- dent in the majority’s reconciliation bill that is OF COLORADO onciliation reduce the deficit and begin to fix on the House floor tonight. IN THE HOUSE OF REPRESENTATIVES the problem, as they claim? No. This bill actu- This bill reduces access to health care for ally increases the deficit. This bill is about the poor. It contains $11.9 billion in cuts to Thursday, November 17, 2005 making room for still more tax cuts. In fact, the Medicaid, including cuts of $8.8 billion that are Mr. UDALL of Colorado. Mr. Speaker, I rise bill allows for up to $106 billion in new tax cuts borne by low-income beneficiaries through today in opposition to the Conference Report during FY 06, not just the $75 billion specified higher cost-sharing and new premiums. It also on H.R. 3010, which provides Federal funding in the bill. $50 billion in spending cuts, and gives the States the green light to eliminate for health, education and worker programs. $106 billion fewer dollars in the treasury, leads periodic health care examinations and the On healthcare, the bill takes a huge step to an increase in the deficit to $56 billion! treatment of conditions picked up by those ex- backward in efforts to maintain basic health

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00039 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.135 E18NOPT1 E2436 CONGRESSIONAL RECORD — Extensions of Remarks November 18, 2005 care services for the people in this country This bill is another example of the Repub- cellence in undergraduate teaching and men- who are uninsured or underinsured. It elimi- lican majority’s misplaced priorities. In fact, toring. I am pleased to say that Dr. Schilling nates the Healthy Communities Access Pro- Republicans will spend more on tax cuts this was one of four national winners to receive gram, which helps health centers and public week, $70 billion, than they will on all edu- this honor. hospitals provide care for the uninsured. The cation and labor programs over the entire After receiving his bachelors degree in his- bill cuts rural health care program funding al- coming year, $68 billion. The conference re- tory from Southern Methodist University, Dr. most in half, and it wipes out almost all of the port is only the most recent evidence that Re- Schilling earned both his masters and Ph.D. in Title VII health profession training programs publicans are out of touch with the priorities of history from Vanderbilt University. I should that institutions like the CU Health Sciences the American people. It cannot support it. also point out that he is a Fulbright Scholar. Center need in order to provide critical training f Dr. Schilling is a model educator who has and education for medical students and resi- spent his career dedicated to the success of dents who aim to practice in rural, low-income, TRIBUTE TO KALAMAZOO PUBLIC our Nation’s students. In fact, he was chosen and under-served areas. SCHOOLS over 300 other candidates for the Professor of And while the bill eliminates or cuts funding the Year award. Wooster President R. Stanton for several programs, it also fails to ade- HON. FRED UPTON Hales summed up Dr. Schilling’s achieve- quately fund others. The bill virtually provides OF MICHIGAN ments when he said, ‘‘Besides being a superb no new funding for community health centers IN THE HOUSE OF REPRESENTATIVES lecturer and professor, Dr. Schilling gives gen- to cover rising health care costs at existing Friday, November 18, 2005 erously of his personal time for students. centers or to expand care for the uninsured There’s no way you can try to calculate the Mr. UPTON. Mr. Speaker, I rise today to even though the president called for a dou- hours that he does this. I have seen no one pay tribute and to honor Kalamazoo Public bling of these centers. The National Institutes more passionate about student success in all of Health, which works to find cures for many Schools’ recently announced scholarship pro- my 27 years in higher education.’’ diseases, gets a paltry .5 percent increase in gram: The Kalamazoo Promise. In a single Helping the youth in the community excel funding, the smallest percentage increase in word this program is tremendous. It is difficult has always been a passion of Dr. Schilling. He 36 years which is not even enough to keep up to comprehend, but through the extreme gen- founded, directed and taught in the Wooster- with inflation in research costs. State and local erosity of an anonymous donor, or group of Youngstown Early Intervention program which health departments will be hobbled in pro- donors, every student enrolled in Kalamazoo brings students together to improve their pro- tecting the public against infectious and other Public Schools will now have the opportunity ficiency in math, science and language skills. diseases because the bill cuts the Preventive of receiving scholarship funding to attend one His program has been a tremendous success, Health Block Grant by 24 percent. Further, of Michigan’s many superb public colleges. grants that help health departments improve The Kalamazoo Promise will cover 100 per- as many of the participants have successfully their preparedness against bioterrorism and cent of tuition and mandatory fees for grad- enrolled in college and it now serves as a other public health emergencies are cut, and uates who have been enrolled in KPS since model for several area colleges. the Ryan White AIDS programs funding is fro- kindergarten and whose parents live in the Lou Gerstner, former chairman of IBM said, zen, even though the number of people living school district. A partial scholarship of be- ‘‘If we don’t step up to the challenge of finding with HIV/AIDS has been rising by more than tween 65 and 95 percent will be given to stu- the best teachers, we’ll undermine everything 6 percent each year. dents who enter after kindergarten and before else we are trying to do to improve our Many of the education provisions are equal- 10th grade. schools. That’s a conscious decision that ly as troubling. The Republican majority has This is such terrific news for the folks of the would threaten our economic strength, political imposed a decline in funding for the Depart- Kalamazoo community. This remarkable schol- fabric, and stability as a nation. It’s exactly ment of Education while requiring local school arship program will promote a better educated that clear cut.’’ Dr. Schilling is an example of districts to implement federal mandates under work force, a friendly place to do business, the type of teachers that Mr. Gerstner speaks the No Child Left Behind Act. Though I am and an unprecedented boom to business and of and this award serves as a testament to Dr. pleased to see some of the programs such as economic development. Schilling’s outstanding career in education. vocational programs that were cut in the Presi- A college education is the dream of our I appreciate all that Dr. Schilling has done to dent’s budget were restored in this bill, I am youngsters, and this great program will turn improve the lives of students and extend my concerned by the low levels of funding for sev- dreams into reality for literally thousands of congratulations to him as a 2005 U.S. Pro- eral education programs. students. With the ever rising costs of higher fessor of the Year. Our Nation has seen a decreased number education, the Kalamazoo Promise sets a new f of students in the science, technology, engi- incentive for our students to work hard and IN MEMORY OF JAMES BRANYAN neering and mathematics, STEM, disciplines, earn good grades so that they can attend a and in turn fewer Americans are seeking ca- college of their choice. reers in STEM fields. The Math and Science I would especially like to thank the donors HON. MIKE ROSS Partnership provides grants to recruit STEM whose generosity will not only bring the dream OF ARKANSAS majors into teaching, and links current teach- of a college education to the future of our stu- IN THE HOUSE OF REPRESENTATIVES ers with state agencies or universities to im- dents, but will also continue to make Kala- Friday, November 18, 2005 prove teaching skills. This program, coupled mazoo a great place to live. I would like to Mr. ROSS. Mr. Speaker, I rise today to with its counterpart at the National Science also congratulate KPS Superintendent Janice honor the life and legacy of James Branyan, Foundation, works to improve the quality of Brown on this wonderful gift. teaching in math and sciences that will excite a pillar of the Camden, Arkansas community f students to study these disciplines. I am dis- for nearly a half century. Mr. Branyan died on appointed to see only $184 million for this pro- HONORING DR. W.A. HAYDEN November 3, 2005 at the age of 72 in Cam- gram. Unless we make a serious investment SCHILLING, 2005 PROFESSOR OF den. in these programs we will continue to see the THE YEAR James Branyan was born in Glendale, Ar- decline in the number of STEM majors and kansas on January 15, 1933. A 1950 Glendale those seeking these careers. HON. RALPH REGULA High School graduate, Mr. Branyan played basketball for Henderson State University. Fol- I am also concerned by the funding levels OF OHIO lowing graduation, he moved to Camden in provided for Part B state grants under IDEA. IN THE HOUSE OF REPRESENTATIVES Last Congress we passed an authorization for 1956 to manage the Black and White Store. IDEA that sought to reach full funding of the Friday, November 18, 2005 Throughout his impressive career, Mr. program by 2011. This Conference Report Mr. REGULA. Mr. Speaker, today I rise to Branyan went on to own the Credit Shop, the provides the smallest increase in funding for congratulate Dr. W.A. Hayden Schilling, a pro- Downtown Antique Mall, the Starr Fashion IDEA in a decade and actually decreases the fessor from the College of Wooster, who was Shop, Banks Jewelry, A & H Ready to Wear, federal contribution from 18.6%, already far selected as a national winner of the U.S. Pro- Stephens Department Store, Packard’s Office below the 40 percent full funding would pro- fessors of the Year award. As a former educa- Supply, Data Service Center Computer Serv- vide, to $18 percent. It is clear through these tor, I know how important education is to the ice, KJWH Radio Station, Robertson Feed numbers that we are not doing enough to help success of our future. Store, Walker and Associates Advertising and states provide adequate education for disabled This is the only national award that recog- Public Relations, and the Good Times Travel students. nizes college and university professors for ex- Agency.

VerDate Aug 31 2005 04:26 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00040 Fmt 0626 Sfmt 9920 E:\CR\FM\A18NO8.139 E18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2437 Mr. Branyan had a deep love for the place Perhaps Mr. Branyan will be most remem- of Christ, where he served as an elder, Bible he called home; he truly believed Camden bered for his decade of service to the Arkan- school teacher and song leader. was ‘‘paradise.’’ Mr. Branyan’s commitment sas Highway Commission from 1973–1983, a Mr. Branyan was a tremendous business- went far beyond the business community; he prestigious commission which he chaired from man and led a life dedicated to the betterment was passionate about giving back through 1981–1983. of his ‘‘paradise.’’ Camden has lost a true community service. Mr. Branyan served as friend and economic ambassador. I am hon- In 1962, Mr. Branyan was named Camden’s President of the PTA, President of the ored to have known him and counted him as Ouachita County Red Cross, Chairman of the Young Man of the Year, an award bestowed a friend. Mr. Branyan will be deeply missed, United Fund Drive, Chairman of the Camden upon young men for their dedication to com- but his spirit and legacy will live on for genera- Water Commission, Vice-President of the munity service, and today that award is named tions to come throughout the Camden commu- Chamber of Commerce, and this is simply the in his honor. In 1971, he was named Cam- nity. My heartfelt condolences go out to his tip of Mr. Branyan’s exhaustive list of involve- den’s Man of the Year and in 1991 Arkansas’s wife, Shirley; their daughters, Cherel Chilton ment which kept him involved in every aspect Retail Merchant of the Year. Mr. Branyan was and Rhonda Stuart; and their grandchildren, of the Camden community. also an active member of Maul Road Church Lance and James.

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HIGHLIGHTS House and Senate agreed to the conference report to accompany H.R. 2528, Military Construction/Veterans Affairs’ Appropriations. House and Senate agreed to the conference report to accompany H.R. 3058, Transportation/Treasury/HUD/DC Appropriations. Senate agreed to H. Con. Res. 307, Adjournment Resolution. Senate ment of the House of Representatives and a condi- Chamber Action tional recess or adjournment of the Senate. Routine Proceedings, pages S13284–S13425 Pages S13307–08 Measures Introduced: Twenty-eight bills and elev- Rosa Parks Anniversary: Committee on the Judi- en resolutions were introduced, as follows: S. ciary was discharged from further consideration of H. 2052–2079, S. Res. 320–329, and S. Con. Res. 67. Con. Res. 208, recognizing the 50th anniversary of Pages S13360–62 Rosa Louise Parks’ refusal to give up her seat on the Measures Reported: bus and the subsequent desegregation of American Special Report entitled ‘‘Further Revised Alloca- society, and the resolution was then agreed to. tion to Subcommittees of Budget Totals from the Page S13409 Concurrent Resolution for Fiscal Year 2006’’. (S. Permanent Trade Relations Extension: Com- Rept. No. 109–185) Page S13360 mittee on Finance was discharged from further con- Measures Passed: sideration of S. 632, to authorize the extension of unconditional and permanent nondiscriminatory Continuing Resolution: Senate passed H.J. Res. treatment (permanent normal trade relations treat- 72, making further continuing appropriations for the ment) to the products of Ukraine, and the bill was fiscal year 2006, after taking action on the following then passed. Page S13409 amendment proposed thereto, clearing the measure Subsequently, the bill was ordered held at the for the President: Pages S13283–87 desk. Page S13409 Rejected: By 46 yeas to 50 nays (Vote No. 348), Harkin Rosa Parks Statue: Senate passed H.R. 4145, to Amendment No. 2672, to increase the amount ap- direct the Architect of the Capitol to obtain a statue propriated to carry out under the Community Serv- of Rosa Parks and to place the statue in the United ices Block Grant Act. Pages S13285–87 States Capitol in National Statuary Hall, clearing the measure for the President. Pages S13409–10 National Flood Insurance Program Further En- hanced Borrowing Authority Act: Senate passed Trials of Mikhail Khodorkovsky and Platon H.R. 4133, to temporarily increase the borrowing Lebedev: Senate agreed to S. Res. 322, expressing authority of the Federal Emergency Management the sense of the Senate on the trial, sentencing and Agency for carrying out the national flood insurance imprisonment of Mikhail Khodorkovsky and Platon program, after agreeing to the following amendment Lebedev. Page S13410 proposed thereto: Page S13424 Control Over the Internet: Senate agreed to S. Hutchison (for Shelby) Amendment No. 2673, to Res. 323, expressing the sense of the Senate that the provide for emergency spending. Page S13424 United Nations and other international organizations Adjournment Resolution: Senate agreed to H. should not be allowed to exercise control over the Con. Res. 307, providing for a conditional adjourn- Internet. Pages S13410–11 D1244

VerDate Aug 31 2005 04:04 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D18NO5.REC D18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1245 Sri Lanka: Senate agreed to S. Res. 324, express- charged from further consideration of H.R. 3853, to ing support for the people of Sri Lanka in the wake designate the facility of the United States Postal of the tsunami and the assassination of the Sri Service located at 208 South Main Street in Lankan Foreign Minister and urging support and re- Parkdale, Arkansas, as the Willie Vaughn Post Of- spect for free and fair elections in Sri Lanka. fice, and the bill was then passed, clearing the meas- Pages S13411–12 ure for the President. Page S13413 Printing Authority: Senate agreed to S. Res. 325, Darfur Peace and Accountability Act: Com- to authorize the printing of a revised edition of the mittee on Foreign Relations was discharged from Senate Election Law Guidebook. Page S13412 further consideration of S. 1462, to promote peace Child Safety Pilot Program: Senate passed S. and accountability in Sudan, and the bill was then 1961, to extend and expand the Child Safety Pilot passed, after agreeing to the following amendment Program. Page S13412 proposed thereto: Pages S13413–17 Vessel Hull Design Protection Amendments: McConnell (for Brownback) Amendment No. Committee on the Judiciary was discharged from 2674, in the nature of a substitute. Page S13414 further consideration of S. 1785, to amend chapter Year of Polio Education: Committee on Health, 13 of title 17, United States Code (relating to the Education, Labor and Pensions was discharged from vessel hull design protection), to clarify the distinc- further consideration of S. Res. 304, to designate the tion between a hull and a deck, to provide factors period beginning on November 1, 2005 and ending for the determination of the protectability of a re- on October 31, 2006 as the Year of Polio Education, vised design, to provide guidance for assessments of and the resolution was then agreed to. Page S13417 substantial similarity, and the bill was then passed. Drive Safer Sunday: Senate agreed to S. Res. Page S13412 326, designating November 27, 2005, as ‘‘Drive Paiute Indian Tribe of Utah: Senate passed H.R. Safer Sunday’’. Page S13417 680, to direct the Secretary of Interior to convey cer- tain land held in trust for the Paiute Indian Tribe Little Rock Central High School Desegregation of Utah to the City of Richfield, Utah, clearing the 50th Anniversary Commemorative Coin Act: Com- measure for the President. Page S13413 mittee on Banking, Housing, and Urban Affairs was discharged from further consideration of H.R. 358, Holly A. Charette Post Office: Committee on to require the Secretary of the Treasury to mint Homeland Security and Governmental Affairs was coins in commemoration of the 50th anniversary of discharged from further consideration of S. 1989, to the desegregation of the Little Rock Central High designate the facility of the United States Postal School in Little Rock, Arkansas, and the bill was Service located at 57 Rolfe Square in Cranston, then passed, after agreeing to the following amend- Rhode Island, shall be known and designated as the ment proposed thereto: Pages S13417–18 ‘‘Holly A. Charette Post Office’’, and the bill was McConnell (for Pryor) Amendment No. 2675, in then passed. Page S13413 the nature of a substitute. Pages S13417–18 Randall D. Shughart Post Office Building: Committee on Homeland Security and Governmental Presidential $1 Coin Act: Senate passed S. 1047, Affairs was discharged from further consideration of to require the Secretary of the Treasury to mint H.R. 2062, to designate the facility of the United coins in commemoration of each of the Nation’s past States Postal Service located at 57 West Street in Presidents and their spouses, respectively to improve Newville, Pennsylvania, as the ‘‘Randall D. Shughart circulation of the $1 coin, to create a new bullion Post Office Building’’, and the bill was then passed, coin, after agreeing to the following amendment pro- clearing the measure for the President. Page S13413 posed thereto: Pages S13421–24 Vincent Palladino Post Office: Committee on McConnell (for Sununu) Amendment No. 2676, Homeland Security and Governmental Affairs was to make technical corrections. Page S13421 discharged from further consideration of H.R. 2183, Labor/HHS/Education Appropriations House to designate the facility of the United States Postal Message—Conferees: Senate considered the House Service located at 567 Tompkins Avenue in Staten Message to accompany H.R. 3010, making appro- Island, New York, as the ‘‘Vincent Palladino Post priations for the Departments of Labor, Health and Office’’, and the bill was then passed, clearing the Human Services, and Education, and Related Agen- measure for the President. Page S13413 cies for the fiscal year ending September 30, 2006, Willie Vaughn Post Office: Committee on Home- taking action on the following motions proposed land Security and Governmental Affairs was dis- thereto: Pages S13287–91

VerDate Aug 31 2005 04:04 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D18NO5.REC D18NOPT1 D1246 CONGRESSIONAL RECORD — DAILY DIGEST November 18, 2005 By 66 yeas to 28 nays (Vote No. 349), Senate Authority for Committees: A unanimous-consent agreed to Specter motion to instruct Conferees to in- agreement was reached providing that notwith- sist that $2,183,000,000 be available for the Low In- standing the adjournment of the Senate, all commit- come Home Energy Heating Assistance program. tees were authorized to file legislative and executive Pages S13288–90, S13291 matters on Thursday, December 8, 2005, from 10 By 58 yeas to 36 nays (Vote No. 350), Senate a.m. until 12 noon. Page S13418 agreed to Durbin motion to instruct Conferees to in- Authorizing Leadership to Make Appoint- sist on retaining the Senate passed provisions relat- ments—Agreement: A unanimous-consent agree- ing to funding for the National Institutes of Health. ment was reached providing that notwithstanding Pages S13290–91 the adjournment of the Senate, the President of the Subsequently, the Senate requested a conference Senate, the President Pro Tempore, and the Majority with the House thereon, and the Chair was author- and Minority Leaders be authorized to make ap- ized to appoint the following conferees on the part pointments to commissions, committees, boards, of the Senate: Senators Specter, Cochran, Gregg, conferences, or interparliamentary conferences au- Craig, Hutchison, Stevens, DeWine, Shelby, Domen- thorized by law, by concurrent action of the two ici, Harkin, Inouye, Reid, Kohl, Murray, Landrieu, Houses, or by order of the Senate. Page S13418 Durbin, and Byrd. Pages S13291–92 Nominations Confirmed: Senate confirmed the fol- Military Construction/Veterans Affairs’ Appro- lowing Nominations: priations Conference Report: By unanimous con- Patricia Lynn Scarlett, of California, to be Deputy sent, Senate agreed to the conference report to ac- Secretary of the Interior. company H.R. 2528, making appropriations for Ronald L. Schlicher, of Tennessee, to be Ambas- military quality of life functions of the Department sador to the Republic of Cyprus. (Prior to this ac- of Defense, military construction, the Department of tion, Committee on Foreign Relations was dis- Veterans Affairs, and related agencies for the fiscal charged from further consideration.) year ending September 30, 2006, clearing the meas- Alejandro Daniel Wolff, of California, to be the Deputy Representative of the United States of Amer- ure for the President. Page S13329 ica to the United Nations, with the rank and status Transportation/Treasury/HUD/DC Appropria- of Ambassador, and the Deputy Representative of tions—Conference Report: By a modified unani- the United States of America in the Security Council mous consent agreement, notwithstanding the ad- of the United Nations. (Prior to this action, Com- journment of the Senate, Senate agreed to the con- mittee on Foreign Relations was discharged from ference report to accompany H.R. 3058, making ap- further consideration.) propriations for the Departments of Transportation, Alejandro Daniel Wolff, of California, a Career Treasury, and Housing and Urban Development, the Member of the Senior Foreign Service, Class of Min- Judiciary, District of Columbia, and independent ister-Counselor, to be Representative of the United agencies for the fiscal year ending September 30, States of America to the Sessions of the General As- 2006, clearing the measure for the President. sembly of the United Nations, during his tenure of Page S13418 service as Deputy Representative of the United Enrollment Resolution—Agreement: A unani- States of America to the United Nations. (Prior to mous-consent agreement was reached providing that this action, Committee on Foreign Relations was dis- notwithstanding the adjournment of the Senate, that charged from further consideration.) when the Senate receives from the House of Rep- Carol van Voorst, of Virginia, to be Ambassador resentatives a correcting resolution relating to the to the Republic of Iceland. (Prior to this action, conference report to accompany H.R. 3058 (listed Committee on Foreign Relations was discharged from further consideration.) above), the text of which is identical to the concur- Ross Wilson, of Maryland, to be Ambassador to rent resolution at the desk, the concurrent resolution the Republic of Turkey. (Prior to this action, Com- be considered agreed to and the motion to reconsider mittee on Foreign Relations was discharged from be laid upon the table. Page S13418 further consideration.) Signing Authority—Agreement: A unanimous- Donald M. Payne, of New Jersey, to be a Rep- consent agreement was reached providing that dur- resentative of the United States of America to the ing this adjournment of the Senate, the Majority Sixtieth Session of the General Assembly of the Leader, the Assistant Majority Whip, and Senator United Nations. (Prior to this action, Committee on Warner, be authorized to sign duly enrolled bills or Foreign Relations was discharged from further con- joint resolutions. Page S13418 sideration.)

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Edward Randall Royce, of California, to be a Rep- Additional Statements: Pages S13354–57 resentative of the United States of America to the Amendments Submitted: Pages S13403–07 Sixtieth Session of the General Assembly of the United Nations. (Prior to this action, Committee on Authorities for Committees to Meet: Page S13407 Foreign Relations was discharged from further con- Record Votes: Three record votes were taken today. sideration.) (Total—350) Pages S13287, S13291 31 Air Force nominations in the rank of general. Adjournment: Senate convened at 9 a.m. and, pur- 51 Army nominations in the rank of general. 7 Coast Guard nominations in the rank of admi- suant to the provisions of H. Con. Res. 307, ad- ral. journed at 6:19 p.m., until 2 p.m., on Monday, De- 2 Navy nominations in the rank of admiral. cember 12, 2005. (For Senate’s program, see the re- Routine lists in the Air Force, Army, and Coast marks of the Acting Majority Leader in today’s Guard. Record on page S13424.) Routine list in the Foreign Service. (Prior to this action, Committee on Foreign Relations was dis- charged from further consideration.) Pages S13424–25 Committee Meetings Nominations Received: Senate received the fol- (Committees not listed did not meet) lowing nominations: David Longly Bernhardt, of Colorado, to be Solic- FUTURE OF SCIENCE itor of the Department of the Interior. Michael W. Michalak, of Michigan, a Career Committee on Commerce, Science, and Transportation: Member of the Senior Foreign Service, Class of Min- Committee concluded a hearing to examine the fu- ister-Counselor, for the rank of Ambassador during ture of science, focusing on scientific education and his tenure of service as United States Senior Official research, after receiving testimony from Eric A. Cor- to the Asia-Pacific Economic Cooperation Forum. nell, Senior Scientist, National Institute of Standards James D. McGee, of Florida, to be Ambassador to and Technology, Technology Administration, De- the Union of Comoros. Page S13424 partment of Commerce, and University of Colorado Joint Institute for Laboratory Astrophysics; Peter Messages From the House: Page S13357 Agre, Duke University School of Medicine, Durham, Measures Held at Desk: Page S13357 North Carolina; James R. Heath, California Institute Enrolled Bills Presented: Page S13357 of Technology, Pasadena; and Samuel C.C. Ting, Massachusetts Institute of Technology, Cambridge. Executive Communications: Pages S13358–60 Executive Reports of Committees: Page S13360 BUSINESS MEETING Additional Cosponsors: Pages S13362–63 Committee on Finance: Committee ordered favorably Statements on Introduced Bills/Resolutions: reported S. 2027, to implement the United States- Pages S13363–S13403 Bahrain Free Trade Agreement. h House of Representatives Reform’s Hearing: ‘‘Restoring Faith in America’s Chamber Action Pastime: Evaluating Major League Baseball’s Efforts Public Bills and Resolutions Introduced: 45 pub- to Eradicate Steroid Use’’ (H. Rept. 109–310); lic bills, H.R. 4387–4431; 1 private bill, H.R. S. 229, to clear title to certain real property in 4432; and 11 resolutions, H. Con. Res. 307–310; New Mexico associated with the Middle Rio Grande and H. Res. 571, 573–578 were introduced. Project (H. Rept. 109–311); Pages H11033–35 H. Res. 572, providing for consideration of the resolution (H. Res. 571) expressing the sense of the Additional Cosponsors: Pages H11035–36 House of Representatives that the deployment of Reports Filed: Reports were filed today as follows: United States forces in Iraq be terminated imme- Investigation Into Rafael Palmeiro’s March 17, diately and providing for consideration of the con- 2005 Testimony at the Committee on Government current resolution (H. Con. Res. 308) directing the

VerDate Aug 31 2005 04:04 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D18NO5.REC D18NOPT1 D1248 CONGRESSIONAL RECORD — DAILY DIGEST November 18, 2005 Clerk of the House of Representatives to make a H. Res. 565, the rule providing for consideration technical correction in the enrollment of H.R. 3058 of the conference report, was agreed to by voice vote, (H. Rept. 109–312); after agreeing to order the previous question. H.R. 3128, to affirm that Federal employees are Pages H10913–14 protected from discrimination on the basis of sexual Recess: The House recessed at 11:01 a.m. and re- orientation and to repudiate any assertion to the con- convened at noon. Page H10957 trary (H. Rept. 109–313); H.R. 1631, to provide for the financing of high-speed rail infrastructure (H. Board of Visitors to the United States Air Force Rept. 109–314, Pt. 1); Academy—Appointment: The Chair announced H.R. 2829, to reauthorize the Office of National the Speaker’s appointment of Representative Hefley to the Board of Visitors of the United States Air Drug Control Policy Act, with an amendment (H. Force Academy. Page H10959 Rept. 109–315, Pt. 1); H.R. 3699, to provide for the sale, acquisition, Recess: The House recessed at 1:06 p.m. and recon- conveyance, and exchange of certain real property in vened at 4:10 p.m. Page H10959 the District of Columbia to facilitate the utilization, National Aeronautics and Space Administration development, and redevelopment of such property, Authorization Act of 2005—Motion to go to with an amendment (H. Rept. 109–316, Pt. 1); and Conference: The House disagreed to the Senate H.R. 972, to authorize appropriations for fiscal amendment and agreed, by unanimous consent, to a years 2006 and 2007 for the Trafficking Victims conference on S. 1281, amended, to authorize appro- Protection Act of 2000, with an amendment (H. priations for the National Aeronautics and Space Ad- Rept. 109–317, Pt. 1). Page H11032 ministration for science, aeronautics, exploration, ex- Speaker: Read a letter from the Speaker wherein he ploration capabilities, and the Inspector General, for appointed Representative Simpson to act as Speaker fiscal years 2006, 2007, 2008, 2009, and 2010. Pages H10971–91 Pro Tempore for today. Page H10911 Agreed to Mr. Boehlert’s motion to strike all after Adjournment Resolution: The House agreed to H. the enacting clause of S. 1281 and insert in lieu Con. Res. 307, providing for the conditional ad- thereof the text of H.R. 3070 as passed by the journment of the House and conditional adjourn- House. Pages H10979–91 ment or recess of the Senate. Pages H10914–15 The Chair appointed conferees: from the Com- Military Construction and Veterans Affairs, and mittee on Science, for consideration of the Senate bill Related Agencies Appropriations Act, 2006— and the House amendment, and modifications com- Conference Report: The House agreed to the con- mitted to conference: Messrs. Boehlert, Calvert, Hall, ference report on H.R. 2528, making appropriations Smith of Texas, Gordon, Udall of Colorado, and for Military Construction and Veterans Affairs, and Honda. Page H10991 Related Agencies for the fiscal year ending Sep- Provided, that Ms. Jackson-Lee of Texas is ap- tember 30, 2006, by a yea-and-nay vote of 427 yeas pointed in lieu of Mr. Honda for consideration of with none voting ‘‘nay’’, Roll No. 604. secs. 111 and 615 of the House amendment, and Pages H10915–25, H10958 modifications committed to conference. Page H10991 H. Res. 564, the rule providing for consideration From the Committee on Government Reform, for of the conference report, was agreed to by voice vote, consideration of secs. 153 and 606 of the Senate bill, after agreeing to order the previous question. and sec. 703 of the House amendment, and modi- Pages H10912–13 fications committed to conference: Messrs. Tom Transportation, Treasury, Housing and Urban Davis of Virginia, Turner, and Waxman. Page H10991 Development, the Judiciary, the District of Co- For consideration of the Senate bill and House lumbia, and Independent Agencies Appropria- amendment, and modifications committed to con- tions Act, 2006—Conference Report: The House ference: Mr. DeLay. Page H10991 agreed to the conference report on H.R. 3058, mak- National Flood Insurance Program Further En- ing appropriations for the Departments of Transpor- hanced Borrowing Authority Act of 2005: The tation, Treasury, and Housing and Urban Develop- House agreed, by unanimous consent, to H.R. 4133, ment, the Judiciary, District of Columbia, and inde- amended by the Senate, to temporarily increase the pendent agencies for the fiscal year ending Sep- borrowing authority of the Federal Emergency Man- tember 30, 2006, by a yea-and-nay vote of 392 yeas agement Agency for carrying out the national flood to 31 nays, Roll No. 605. Pages H10925–57, H10958–59 insurance program—clearing the measure for the President. Pages H10991–93

VerDate Aug 31 2005 04:04 Nov 20, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D18NO5.REC D18NOPT1 November 18, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1249 Recess: The House recessed at 6:31 p.m. and recon- Speaker Pro Tempore: Read a letter from the vened at 7:57 p.m. Page H10993 Speaker wherein he appointed Representative Tom Expressing the sense of the House of Represent- Davis of Virginia and Representative Wolf, to act as atives that the deployment of United States Speaker pro tempore to sign enrolled bills and joint forces in Iraq be terminated immediately: The resolutions through December 6, 2005. Page H11026 House failed to pass H. Res. 571, to express the Senate Message: Message received from the Senate sense of the House of Representatives that the de- today appears on pages H10925, H10959, and ployment of United States forces in Iraq be termi- H11005. nated immediately, by a recorded vote of 3 ayes to Senate Referrals: S. 467, S. 1462 and S. 1047 were 403 noes with 6 voting ‘‘present’’, Roll No. 608. held at the desk; S. 1785 and S. 1961 were referred Pages H11005–25 to the Committee on the Judiciary; S. 1989 was re- Pursuant to the provisions of H. Res. 572, H. ferred to the Committee on Government Reform and Con. Res. 308 is considered as passed in the House. S. 1418 was referred to the Committee on Energy Page H11005 and Commerce. Page H11031 Agreed to H. Res. 563, amended, waiving a re- quirement of clause 6(a) of Rule XIII with respect Quorum Calls—Votes: Four yea-and-nay votes and to the same day consideration of certain resolutions one recorded vote developed during the proceedings reported by the Rules Committee, by a yea-and-nay today and appear on pages H10958, H10958–59, vote of 211 yeas to 204 nays, Roll No. 606, after H10970–71, H11004–05, and H11025. There was agreeing to order the previous question and the one quorum call, Roll No. 603, which appears on Gingrey amendment. Pages H10959–71 page H10957. H. Res. 572, the rule providing for consideration Adjournment: The House met at 9:00 a.m. and at of the bill was agreed to by a yea-and-nay vote of 11:59 p.m. on Friday, November 18, pursuant to the 210 yeas to 202 nays, Roll No. 607, after agreeing provisions of H. Con. Res. 307, stands adjourned to order the previous question by voice vote. until 2:00 p.m. on Tuesday, December 6. Pages H10994–H11005 Predisaster Mitigation Program Reauthorization Act of 2005: The House agreed by unanimous con- Committee Meetings sent to H.R. 4324, to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to re- REGARDING UNITED STATES FORCES IN authorize the predisaster mitigation program. IRAQ Pages H11025–26 Committee on Rules: Granted, by a vote of 9 to 4, a Resignation of the Clerk of the House: Read a closed rule providing one hour of debate on H. Res. letter from Jeff Trandahl, in which he announced his 571, Expressing the sense of the House of Represent- resignation as Clerk of the House of Representatives, atives that the deployment of United States forces in effective upon the appointment of his successor on Iraq be terminated immediately, in the House equal- November 18, 2005. Page H11026 ly divided and controlled by the chairman and rank- Appointment: The Chair announced the Speaker’s ing minority member of the Committee on Inter- appointment as Clerk of the House of Representa- national Relations. The rule provides one motion to recommit which may not contain instructions. Fi- tives Mrs. Karen L. Haas of Maryland. Page H11026 nally, the rule provides that upon adoption of this Clerk Designations: Read a letter from the Clerk resolution, H. Con. Res. 308 is hereby adopted. Tes- wherein she designated Mr. Gerasimos C. Vans, timony was heard from Chairman Hunter and Rep- Deputy Clerk, to sign any and all papers and do all resentative Edwards. other acts under the name of the Clerk of the House in case of her temporary absence or disability. Ms. U.S.-BAHRAIN FREE TRADE AGREEMENT Marjorie C. Kelaher, Assistant to the Clerk, should IMPLEMENTATION ACT similarly perform such duties under the same condi- tions as are authorized by this designation providing Committee on Ways and Means: Ordered reported H.R. Mr. Vans should not be able to act in her behalf for 4340, United States-Bahrain Free Trade Agreement any reason. Page H11026 Implementation Act. Calendar Wednesday: Agreed to dispense with the House Calendar Wednesday business of Wednesday, De- No committee meetings are scheduled. cember 7, 2005. Pages H11026–27

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, December 12 2 p.m., Tuesday, December 6

Senate Chamber House Chamber Program for Monday: Senate will be in a period of Program for Tuesday, December 6th: To be an- morning business. nounced.

Extensions of Remarks, as inserted in this issue

HOUSE Higgins, Brian, N.Y., E2413, E2414, E2417, E2419, Payne, Donald M., N.J., E2417, E2420 E2421, E2422, E2423 Pelosi, Nancy, Calif., E2433 Allen, Thomas H., Me., E2424 Hinchey, Maurice D., N.Y., E2410 Porter, Jon C., Nev., E2397, E2416 Baca, Joe, Calif., E2434 Holt, Rush D., N.J., E2425 Rangel, Charles B., N.Y., E2423 Blackburn, Marsha, Tenn., E2404, E2405 Hulshof, Kenny C., Mo., E2415 Regula, Ralph, Ohio, E2436 Blumenauer, Earl, Ore., E2403, E2404, E2405 Jackson-Lee, Sheila, Tex., E2397, E2429 Rohrabacher, Dana, Calif., E2430 Bordallo, Madeleine Z., Guam, E2422 Johnson, Timothy V., Ill., E2407, E2434 Ros-Lehtinen, Ileana, Fla., E2407 Burgess, Michael C., Tex., E2403, E2405 Kennedy, Patrick J., R.I., E2433 Ross, Mike, Ark., E2436 Cantor, Eric, Va., E2432 Kildee, Dale E., Mich., E2411 Ruppersberger, C.A. Dutch, Md., E2410, E2410 Cardin, Benjamin L., Md., E2435 Kilpatrick, Carolyn C., Mich., E2426 Salazar, John T., Colo., E2427 Kolbe, Jim, Ariz., E2397 Carnahan, Russ, Mo., E2434 Schwartz, Allyson Y., Pa., E2426 Kucinich, Dennis J., Ohio, E2406, E2425, E2428 Chocola, Chris, Ind., E2398 Scott, David, Ga., E2406 Langevin, James R., R.I., E2403, E2404 Costa, Jim, Calif., E2397, E2398, E2399, E2400, E2400, Shimkus, John, Ill., E2417, E2420 Larson, John B., Conn., E2430 E2401, E2403 Smith, Christopher H., N.J., E2414, E2428 Lee, Barbara, Calif., E2418, E2420 Costello, Jerry F., Ill., E2434 Lipinski, Daniel, Ill., E2412 Solis, Hilda L., Calif., E2418, E2420 Cummings, Elijah E., Md., E2412, E2429 Lofgren, Zoe, Calif., E2400 Stark, Fortney Pete, Calif., E2413 Davis, Susan A., Calif., E2406 McGovern, James P., Mass., E2404, E2405, E2421 Stupak, Bart, Mich., E2401 Davis, Tom, Va., E2407, E2414 McHenry, Patrick T., N.C., E2416 Terry, Lee, Nebr., E2409 DeFazio, Peter A., Ore., E2424 McIntyre, Mike, N.C., E2399 Thomas, William M., Calif., E2407, E2416 Diaz-Balart, Lincoln, Fla., E2399 Maloney, Carolyn B., N.Y., E2432 Thompson, Bennie G., Miss., E2424 Engel, Eliot L., N.Y., E2412 Marchant, Kenny, Tex., E2400 Udall, Mark, Colo., E2408, E2435 Farr, Sam, Calif., E2432 Meehan, Martin T., Mass., E2430 Upton, Fred, Mich., E2436 Fortenberry, Jeff, Nebr., E2419 Miller, Gary G., Calif., E2415 Wasserman Schultz, Debbie, Fla., E2415 Gonzalez, Charles A., Tex., E2419, E2421 Nadler, Jerrold, N.Y., E2434, E2435 Watson, Diane E., Calif., E2408 Harris, Katherine, Fla., E2415 Neal, Richard E., Mass., E2402 Whitfield, Ed, Ky., E2427 Hastings, Doc, Wash., E2407 Ney, Robert W., Ohio, E2397 Wilson, Joe, S.C., E2423 Hensarling, Jeb, Tex., E2417, E2418, E2419, E2421, Olver, John W., Mass., E2410 Wolf, Frank R., Va., E2411 E2422, E2423, E2424, E2426, E2427, E2428 Paul, Ron, Tex., E2402 Woolsey, Lynn C., Calif., E2433

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