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

Vol. 152 WASHINGTON, TUESDAY, MAY 2, 2006 No. 50 House of Representatives The House met at 12:30 p.m. and was ed to feel the political heat, they put way oil futures are bought and sold. called to order by the Speaker pro tem- forth shallow imitations of Democratic Seventy-five percent of the multibil- pore (Mr. CULBERSON). ideas and returned to their old stand- lion-dollar oil futures industry is com- f by, drilling in the Arctic National pletely unregulated, without trans- Wildlife Refuge. parency or oversight by the Federal DESIGNATION OF SPEAKER PRO The simple fact is this: as gas prices Government or the Commodity Fu- TEMPORE climb, the majority party has been tures Trading Commission. This is The SPEAKER pro tempore laid be- shamed into doing something, but they Enron all over again. Without Federal fore the House the following commu- still are out of ideas. Our legislation, oversight, there is no way to ensure nication from the Speaker: the Democratic legislation, the FREE that speculators are not manipulating Act, the Federal Response to Energy the market to drive up the price of oil. WASHINGTON, DC, Emergencies, would instruct the Fed- Last week, I introduced the PUMP May 2, 2006. I hereby appoint the Honorable JOHN eral Trade Commission to develop a Act, or the Prevent Unfair Manipula- ABNEY CULBERSON to act as Speaker pro tem- legal definition of gas price gouging, tion of Prices Act. This bill would re- pore on this day. predatory pricing and market manipu- quire all traders to play by the same J. DENNIS HASTERT, lation. Most people are shocked to find rules, ending the speculation, fear and Speaker of the House of Representatives. that there is no Federal law against greed that drives today’s oil prices. It f gas price gouging. Therefore, the Fed- has been estimated that by stopping eral Trade Commission has never this speculative trading, we could re- MORNING HOUR DEBATES brought a case to court for gas price duce the price of a barrel of oil by as The SPEAKER pro tempore. Pursu- gouging. Let me repeat that. Never in much as $20 per barrel, providing con- ant to the order of the House of Janu- the history of the Federal Trade Com- sumers with immediate relief at the ary 31, 2006, the Chair will now recog- mission has it brought a case of price gas pump. nize Members from lists submitted by gouging to court. Why is this? Because These are the kind of ideas that the majority and minority leaders for there is no definition of price gouging. Democrats are promoting to provide morning hour debates. The Chair will Well, even if the President and con- consumers with immediate relief. But, alternate recognition between the par- gressional Republicans don’t know how instead, we get the same thing from ties, with each party limited to not to to define price gouging, consumers the majority party: drill in the Arctic exceed 30 minutes, and each Member, know it when they see it. Gas costs 70 National Wildlife Refuge and provide cents more a gallon right now than it big tax breaks to big oil. You don’t except the majority leader, the minor- did at the same time last year. Profits drill your way to energy independence. ity leader, or the minority whip, lim- for refineries are up 255 percent be- Tax breaks for the big oil companies ited to not to exceed 5 minutes. tween September 2004 and September don’t result in lower gas prices. The Chair recognizes the gentleman 2005. Last week, Valero, the Nation’s Today’s USA Today, the Money sec- from Michigan (Mr. STUPAK) for 5 min- largest refinery company, posted a 60 tion, has an article, States Find It utes. percent increase in profit in the first Tough to Prove Gas Prices Illegal. In f quarter alone. That’s gouging. And California, the Attorney General says that in 2006 in the first 4 months of this THE PRICE OF GAS while it happens, unfortunately the majority party turns a blind eye. year, prices have gone up 14 percent, Mr. STUPAK. Mr. Speaker, as the In contrast, 125 House Democrats but the difference between what oil ranking Democrat on the Energy and have signed a discharge petition. A dis- companies pay for crude oil and the Commerce Committee’s Subcommittee charge petition removes our legislation price at the pump is up 130 percent. If on Oversight and Investigations, I have from the committee of jurisdiction and that’s not price gouging, I don’t know been calling for hearings on gas price brings it to the floor for a vote. More what is. In Arizona, they showed that gouging for over 8 months. For 8 and more Members each day are sign- the profit margins realized by every months I have been asking for consid- ing their name to the discharge peti- segment of the oil industry were two or eration of my legislation, the Federal tion. These Members are tired of the three times greater than normal. Is Response to Energy Emergencies Act, Republicans’ stonewalling. We want ac- that price gouging? I think it is. But as which is designated to crack down on tion on a real price gouging bill with Arizona says, the State has no law gas price gouging. For 8 months, Re- teeth, not a watered-down imitation. making price gouging illegal, under- publicans in Congress have stone Just as we need to address gouging, scoring, the report says, the need for walled. When Republicans finally start- Congress should also take a look at the Federal price gouging legislation.

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

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VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MY7.000 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1924 CONGRESSIONAL RECORD — HOUSE May 2, 2006 I would hope, Mr. Speaker, that But Florida, unlike Arizona, has an anti- hurricane damage last year. The MMS plans Speaker HASTERT would allow us to gouging law. It is in effect only when a state to update that number Wednesday. bring up the FREE Act so we could of emergency is declared. Florida was a hur- f have a free and full debate on price ricane target, making an emergency declara- tion logical. RECESS gouging in this Congress. Arizona’s report, unveiled last week, says, The SPEAKER pro tempore. Pursu- Look at this next article: Fuel Costs ‘‘Profit margins realized by every segment of Ease But Could Climb Higher. Why? the oil industry were two or three times ant to clause 12(a) of rule I, the Chair Money is flowing into direct or indirect their normal margins.’’ declares the House in recess until 2 purchases of oil futures as an inflation But the state has no law making that ille- p.m. today. hedge. That flow sends futures higher, gal, underscoring, the report says, the need Accordingly (at 12 o’clock and 37 fueling more inflation, and then fuel- for a federal price-gouging law. minutes p.m.), the House stood in re- ing more money into futures positions The Federal Trade Commission is expected cess until 2 p.m. to deliver a report by May 22 that will say as an inflation hedge. That is price whether the agency found any price manipu- f gouging. That is market manipulation. lation after Katrina. b 1400 That is why we have the PUMP Act. [From USA Today, May 2, 2006] If we would pass the PUMP Act, AFTER RECESS FUEL COSTS EASE BUT COULD CLIMB HIGHER bring it to the floor for debate, get it (By James R. Healey) The recess having expired, the House out of committee and put it before the was called to order by the Speaker pro House here, we could lower the price of Gasoline prices have stopped their spring- loaded daily leaps, but it’s too soon to say tempore (Mr. MURPHY) at 2 p.m. a barrel of oil by $20. the worst is over. f [From USA Today] The numbers on the pump have declined STATES FIND IT TOUGH TO PROVE GAS PRICES slightly three consecutive days, to a nation- PRAYER ILLEGAL wide average $2.919 a gallon Monday, accord- The Chaplain, the Reverend Daniel P. (By James R. Healey and Matt Krantz) ing to travel club AAA. It’s the first time Coughlin, offered the following prayer: Arizona’s comprehensive investigation into that’s happened since late March. But the Most glorious Lord of life, You alone that state’s high fuel prices after Hurricane March respite totaled just 0.8 of a cent over triumph over death and sin, for You Katrina concludes that while there was three days and turned out to be only a hic- cup that before prices zipped higher. alone are eternal and holy. Prove Your ‘‘profiteering’’ at all levels of the oil indus- victory in us. Take this nation and try, nothing illegal took place. AAA warns that might happen again. ‘‘A Washington’s attorney general’s office said few days of slight declines does not make a make it Your own. With leadership in a report last week that its more recent in- trend,’’ spokesman Geoff Sundstrom cau- from this body of Congress, raise up a vestigation of today’s high prices ‘‘has not tions. ‘‘We may continue to see higher prices people who are unafraid to look into found any evidence so far of illegal activity between now and Memorial Day.’’ the face of darkness, and by will, among gasoline retailers or producers in That’s the beginning of the warm-weather science, and prayer push back the door Washington.’’ driving season, when gasoline consumption rises as Americans take more vacations and of death. Strengthen all human frailty Together, the two reports show that it is that we may continue to fight against hard for authorities to prove consumers are weekend trips. being ripped off even in times of extraor- A weekly report by the U.S. Energy Infor- evil and become a Nation of hope and a dinary price increases. mation Administration showed a U.S. aver- people of virtue. For our soul takes Attorneys general in at least nine states, age Monday identical to AAA’s—$2.919—up a wing by placing our trust in You, now responding to outrage by their residents, are just 0.5 of a cent from a week ago. That’s a and forever. Amen. big slowdown after four weeks of prices investigating whether current high gasoline f prices are a result of wrongdoing by the pe- jumping an average 10.4 cents a gallon per troleum industry. according to the National week. THE JOURNAL On one hand, it should be no surprise that Association of Attorneys General The SPEAKER pro tempore. The Arizona’s statewide average price is $3.022, prices are easing. U.S. gasoline supplies are still nearly 11 cents less than the record ample. U.S. demand is a little soft. Refin- Chair has examined the Journal of the $3.131 shortly after Katrina, according to eries are mostly through with their routine last day’s proceedings and announces travel club AM’s daily survey. maintenance and are cranking out generous to the House his approval thereof. Washington’s average $3.011 Monday set a amounts of gasoline. Pursuant to clause 1, rule I, the Jour- record for that state. But prices aren’t down as far as they nal stands approved. The attorney general in California, where should be under those circumstances, energy the statewide average hit a record $3.251 a veterans say. That’s partly because petro- f gallon Monday, says he will subpoena docu- leum products have become an investment PLEDGE OF ALLEGIANCE ments from the state’s 21 refineries, includ- instead of traders’ best guess about the value ing those operated by major oil companies of crude oil, gasoline and heating oil the The SPEAKER pro tempore. Will the ChevronTexaco, ExxonMobil and next few months. gentleman from Pennsylvania (Mr. ConocoPhillips. ‘‘Money is flowing into direct or indirect PITTS) come forward and lead the The attorney general’s office said state purchases of oil futures as an inflation House in the Pledge of Allegiance. data for 2006 show that crude oil prices have hedge. That flow sends futures higher, fuel- Mr. PITTS led the Pledge of Alle- risen 14%, but the difference between what ing more inflation, and then fueling more giance as follows: oil companies pay for crude oil and prices at money into futures positions as an inflation the pump has soared 130%. hedge,’’ says Tom Kloza, senior analyst at I pledge allegiance to the Flag of the Gasoline is made from crude oil, which ac- the Oil Price Information Service. Oil rose United States of America, and to the Repub- counts for roughly 55% of the pump price for $1.82 to settle at $73.70 Monday. lic for which it stands, one nation under God, gasoline, the U.S. government says. Still, ‘‘We can put to rest some of the hy- indivisible, with liberty and justice for all. And Washington Attorney General Rob perbole—$3.50 average for gasoline, or $4- f McKenna, in a statement about his inves- plus,’’ he says. tigation, said, ‘‘Gas prices are influenced by Keeping upward pressure on prices: PRIVATE CALENDAR the basic laws of supply and demand.’’ Hostility toward the U.S. in oil-producers The SPEAKER pro tempore. This is Energy-industry veterans wonder if such Iran and Venezuela implies shortages at any the day for the call of the Private Cal- probes are misleading. minute. California’s own Energy Commission, for Indelible memories of disruptions caused endar. The Clerk will call the bill on instance, acknowledges in an explanation of by hurricanes in the Gulf of Mexico last year the calendar. fuel prices on its website: ‘‘Rumors and keep petroleum traders jumpy about sup- f charges of collusion among the oil compa- plies. That makes them willing to pay more nies have been raised for decades with noth- for oil and for the gasoline made from it. BETTY DICK RESIDENCE ing ever proven.’’ ‘‘We’re heading into the peak demand sea- PROTECTION ACT Charles Swanson, director of Ernst & son and the potenial for refinery outages’’ The Clerk called the Senate bill (S. Young’s Energy Center, says, ‘‘Politicians from hurricanes, cautions Thomas Bentz, 584) to require the Secretary of the In- can posture all they want, but there’s noth- senior energy analyst at BNP Paribas, a big ing they can do to help.’’ investment bank. terior to allow the continued occu- Some states have made price-gouging The U.S. Minerals Management Service in pancy and use of certain land and im- cases. Florida sued individual gas stations its latest report, April 19, said that 22.3% of provements within Rocky Mountain for overcharging after Katrina. Gulf oil output still hadn’t restarted after National Park.

VerDate Aug 31 2005 04:21 May 03, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.002 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1925 There being no objection, the Clerk (2) applies to the occupancy or use of the For over a month, Democrats have read the Senate bill as follows: property described in subsection (b) by any come to this floor almost daily urging person other than the tenant. S. 584 Republicans to join us in preventing Be it enacted by the Senate and House of Rep- The Senate bill was ordered to be this grave injustice from taking place resentatives of the United States of America in read a third time, was read the third on May 15. Time is running out for Congress assembled, time, and passed, and a motion to re- Congress to do the right thing and sup- SECTION 1. SHORT TITLE. consider was laid on the table. port this extension. America seniors This Act may be cited as the ‘‘Betty Dick The SPEAKER pro tempore. This cannot afford a Bush prescription drug Residence Protection Act’’. concludes the call of the Private Cal- tax. endar. SEC. 2. PURPOSE. f The purpose of this Act is to require the f Secretary of the Interior to permit the con- CONDEMNING MEXICO’S tinued occupancy and use of the property de- NO IS NOT AN ENERGY POLICY DECRIMINALIZATION OF DRUGS scribed in section 4(b) by Betty Dick for the (Ms. FOXX asked and was given per- remainder of her natural life. (Mr. KELLER asked and was given mission to address the House for 1 permission to address the House for 1 SEC. 3. DEFINITIONS. minute and to revise and extend her re- minute.) In this Act: marks.) Mr. KELLER. Mr. Speaker, I am here (1) AGREEMENT.—The term ‘‘Agreement’’ Ms. FOXX. Mr. Speaker, House to talk about some things the pro- means the agreement between the National Democrats sure do like to stand on this Park Service and Fred Dick entitled ‘‘Settle- floor and complain about energy costs, testers did not mention yesterday. Mil- ment Agreement’’ and dated July 17, 1980. but when push comes to shove, they lions of American young people who (2) MAP.—The term ‘‘map’’ means the map travel to Mexico for spring break and entitled ‘‘RMNP Land Occupancy’’ and dated refuse to do anything about it. In fact, since President Clinton vetoed legisla- summer vacation will now legally be September 2005, which identifies approxi- able to use cocaine, heroin, ecstasy, mately 8 acres for the occupancy and use by tion to open ANWR to drilling in 1995, the tenant. House Democrats have taken a page and marijuana because the Mexican (3) SECRETARY.—The term ‘‘Secretary’’ out of his book by voting no to energy government just voted to legalize the means the Secretary of the Interior. solutions time and time again. possession of these drugs in small (4) TENANT.—The term ‘‘tenant’’ means While House Republicans have proven quantities. Betty Dick, widow of George Fredrick Dick, our commitment to lowering the cost How much is okay? Two ecstasy pills, who held a 25-year reservation of occupancy of fuel, House Democrats have opposed four joints, four lines of cocaine, and 25 and use at a property within the boundaries milligrams of heroin are now all al- of Rocky Mountain National Park. many measures to increase the supply of American energy. lowed. SEC. 4. RIGHT OF OCCUPANCY. Are you surprised? Earlier this year, (a) IN GENERAL.—The Secretary shall allow A large number of Democrats voted the tenant to continue to occupy and use the against legislation expanding clean nu- the Mexican government provided property described in subsection (b) for the clear energy supplies. Democrats voted maps to illegals to help them cross our remainder of the natural life of the tenant, against legislation that would encour- borders. The Mexican military recently subject to the requirements of this Act. age refinery expansion. They voted got caught providing an armed escort (b) DESCRIPTION OF PROPERTY.—The prop- against legislation that would ban to Mexican drug dealers into Texas. erty referred to in subsection (a) is the land price gouging, and many voted against And Mexico’s president, along with a and any improvements to the land within legislation that would promote greater million protesters, now want us to re- the boundaries of Rocky Mountain National ward illegal behavior with amnesty and Park identified on the map as ‘‘residence’’ conservation. and ‘‘occupancy area’’. I cannot for the life of me understand permanent citizenship. Why? So they (c) TERMS AND CONDITIONS.— why the Democrats continue to com- can earn money here and send it back (1) IN GENERAL.—Except as otherwise pro- plain about energy when they continue to Mexico. After all, at $16 billion, it is vided in this Act, the occupancy and use of to vote ‘‘no’’ on every responsible pro- Mexico’s second highest source revenue the property identified in subsection (b) by posal that would help us produce more behind oil. the tenant shall be subject to the same American energy at affordable prices. It makes you wonder. Were people terms and conditions specified in the Agree- Voting ‘‘no’’ is not a sound energy pol- protesting the wrong government yes- ment. terday? (2) PAYMENTS.— icy. (A) IN GENERAL.—In exchange for the con- f f tinued occupancy and use of the property, LESS THAN 2 WEEKS UNTIL PRE- GENOCIDE IN DARFUR the tenant shall annually pay to the Sec- SCRIPTION DRUG SIGN-UP DEAD- retary an amount equal to 1⁄25 of the amount (Mr. DAVIS of Illinois asked and was specified in section 3(B) of the Agreement. LINE given permission to address the House (B) ADVANCE PAYMENT REQUIRED.—The an- (Mr. CLEAVER asked and was given for 1 minute and to revise and extend nual payments required under subparagraph permission to address the House for 1 his remarks.) (A) shall be paid in advance by not later than minute and to revise and extend his re- Mr. DAVIS of Illinois. Yes, there was May 1 of each year. marks.) a tremendous amount of demonstrating (C) DISPOSITION.—Amounts received by the Secretary under this paragraph shall be— Mr. CLEAVER. Mr. Speaker, if this on yesterday, and people concerned (i) deposited in a special account in the House does not act within the next 2 about immigration were marching. But Treasury of the United States; and weeks, millions of American seniors then also there were those of us march- (ii) made available, without further appro- will face the egregious and unfair pre- ing who were concerned about genocide priation, to the Rocky Mountain National scription drug tax. in the region of Darfur: Genocide that Park until expended. As this calendar shows, May 15 is the should never be allowed in a civilized (3) PUBLIC ACCESS.—The public shall have deadline President Bush and congres- society; genocide that this country and access to both banks of the main channel of sional Republicans created for seniors other nations throughout the world the Colorado River. to sign up for a prescription drug plan. (d) TERMINATION.—The right of occupancy have stood idly by while hundreds of and use authorized under this Act— In town hall meetings I have held thousands of individuals are being (1) shall not be extended to any individual throughout my district, the seniors of killed, murdered, raped. It is the shame other than the tenant; and Missouri District 5 are outraged by and of the century. Our Nation can do bet- (2) shall terminate— confused over Medicare part D. If they ter, and the world can do better. We (A) on the death of the tenant; do not sign up for a plan within the must stop the genocide in Darfur. (B) if the tenant does not make a payment next 13 days, a penalty of at least a 7 f required under subsection (c)(2); or percent premium tax will be forced on (C) if the tenant otherwise fails to comply every single individual every single AMERICA’S ENERGY NEEDS with the terms of this Act. (e) EFFECT.—Nothing in this Act— month for the rest of their lives simply (Mr. WILSON of South Carolina (1) allows the construction of any struc- because they did not sign up for this asked and was given permission to ad- ture on the property described in subsection confusing and sometimes less bene- dress the House for 1 minute and to re- (b) not in existence on November 30, 2004; or ficial Medicare part D program. vise and extend his remarks.)

VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.004 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1926 CONGRESSIONAL RECORD — HOUSE May 2, 2006 Mr. WILSON of South Carolina. Mr. part D success story. My colleagues MEDICARE PRESCRIPTION PART D Speaker, today, the average cost of a might have noticed that I am sharing a (Ms. HART asked and was given per- gallon of unregulated gasoline in Co- different success story each week, mission to address the House for 1 lumbia, South Carolina, is 72 cents which is pretty easy to do because the minute and to revise and extend her re- higher than the price of May 2005. stories just keep rolling in. This week marks.) Yesterday, I met with dozens of con- I would like to tell you about Mae Ms. HART. Mr. Speaker, the results stituents at the West Metro Chamber Thacker of Bartow County, Georgia. are in on the new prescription drug of Commerce building who expressed Mae and her husband came into my program, and they are very encour- their serious concerns about the rising office unhappy. They had heard some aging. Nowhere is the success of this gas prices and America’s energy crisis. disparaging things about Medicare part new prescription drug benefit more ap- Fortunately, Republican leaders have D and weren’t sure if the program parent than my home State of Pennsyl- announced a series of realistic, short- would even save them any money. For- vania. term steps to reduce the cost of gaso- tunately, the more the Thackers Take these statistics into consider- line. By opening up ANWR, banning learned about part D, the more they ation. As of April 1, more than 1.2 mil- price gouging, streamlining boutique wanted to enroll, another case of re- lion Pennsylvanians have enrolled in fuels, and encouraging innovation for ality trumping rhetoric. I am happy to the new program. In my district alone, advancements in hydrogen technology, report that Mae Thacker is now signed 73 percent of Medicare beneficiaries we are supporting realistic measures up for a prescription drug plan, and her now have prescription drug coverage, that will immediately help American monthly medicine bill has dropped and the Centers for Medicare and Med- families. from $780 to $180. icaid Services project that that number As we continue to actively address Mr. Speaker, the May 15 enrollment will be near 100 percent by the end of America’s energy needs, Minority deadline is less than 2 weeks away. En- this year. Leader PELOSI and House Democrats rolled seniors are saving an average of With the May 15 enrollment deadline should support this critical mission. $1,100 a year with Medicare part D, fast approaching, we should be doing Gas prices continue to soar, and our $3,700 a year for low-income seniors. everything we can to help seniors en- country cannot afford for Democrats to So my message to seniors is this: roll in the new part D program so they continue to support policies that re- Sign up now and start saving. can realize the incredible savings the strict American energy supplies. plan offers. In conclusion, God bless our troops, f Take the story about Tom and Dolo- and we will never forget September 11. res from Pittsburgh. Tom and Dolores need about a dozen medications, and f TOP 100 HIGH SCHOOLS IN THE they feared that they soon would not UNITED STATES IRAQ INSURGENCY’S EUROPEAN be able to afford these medicines. They FUNDRAISING (Ms. EDDIE BERNICE JOHNSON of were also afraid that they would not be (Mr. PITTS asked and was given per- Texas asked and was given permission able to find a plan in their prescription mission to address the House for 1 to address the House for 1 minute.) drug program that would cover all the minute and to revise and extend his re- Ms. EDDIE BERNICE JOHNSON OF medications that they need as well as marks.) TEXAS. Mr. Speaker, each year News- their costs. With help from their Medi- Mr. PITTS. Mr. Speaker, we know week recognizes the top 100 schools in care Today counselor, both Tom and that the Iraqi insurgent terrorists are the United States. At the very top of Dolores found plans that work for shameless in their conduct. From blow- the list, number one and number eight them. They now expect to save over ing up crowded streets full of citizens are right in the middle of my district. $2,000 a year on their costs. to beheading innocent noncombatants, Not a pretty area, but wonderful edu- I encourage any Medicare recipient their ruthless brand of violence is well cation. who is not yet enrolled to seek some documented. What is not so well known I am very proud to announce that the information from Medicare Today and is the funding sources these terrorists School for Talented and Gifted at find out the savings it offers through use to carry out their atrocities. Yvonne A. Ewell Townview Center was Medicare part D. Thanks to the leadership of my col- recognized as the number one high f league, SUE KELLY, some of the most school in the country. Additionally, b 1415 outrageous fundraising sources for the the School of Science and Engineering Iraqi terrorists have recently come to at the same school was ranked number DEFENDING AMERICA light. eight. (Mr. FRANKS of Arizona asked and One fundraising campaign, called 10 For those who live in Dallas, this was given permission to address the Euros for Resistance, uses posters of honor comes as no surprise. The Presi- House for 1 minute and to revise and bloody American soldiers to solicit dent visited earlier this year, and each extend his remarks.) funding in Europe. So far, it appears day talented students are challenged Mr. FRANKS of Arizona. Mr. Speak- the terrorist extremists have found with rigorous coursework and provided er, I think it is wise for all of us to re- sympathetic radicals in more than one with an outstanding teacher environ- mind ourselves every day that our pri- European country to donate to their ment. Townview truly excels and mary purpose for being here is defend- cause. The funding is then funneled to proves that, it really proves that chil- ing this country against military Iraq, where insurgent terrorists use it dren, given the right environment, can threats and defending the constitu- to finance more attacks on American learn. tional rights of our citizens. In terms forces and innocent civilians. Townview Center has managed to bridge of defending this country, we have to This is an outrage, Mr. Speaker; and the achievement gap that exists in schools continue to remind ourselves every day I applaud Congresswoman KELLY’s ef- throughout this country. Two-thirds of that there is a growing military build- forts to call attention to it. European Townview students are minorities. These stu- up in China that is unprecedented in countries should be doing all they can dents are not only passing, they are excelling. the world. We face an ideological to stop this fundraising practice within Townview has recognized that we must pro- enemy in terrorism that if left un- their borders. I do not think that is too vide all of our students with the opportunity to checked will mean humanity will ulti- much to ask of our allies. pursue higher education. It is this commitment mately never sleep again. f to success that distinguishes Townview. We face a growing nuclear threat in I would like to congratulate the School for Iran that could destabilize the whole MEDICARE PART D the Talented and Gifted and the School of world in a matter of months or years. (Mr. GINGREY asked and was given Science and Engineering on this honor. Those who would undermine the de- permission to address the House for 1 And also commend the leadership and com- fense of this country for political pur- minute.) mitment of Superintendent Hinojosa, Executive poses disgrace this body and disgrace Mr. GINGREY. Mr. Speaker, I rise Principal Alice Black, Principal Michael America. I pray that we will always re- today to share yet another Medicare Satarino, and Principal Richard White. member, as George Orwell said, that we

VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.006 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1927 sleep in our beds safe at night because delegation have cosponsored this dele- Mr. Speaker, I commend my col- rough men stand ready to visit vio- gation. league for seeking to honor the polit- lence on those who would do us harm. Earl Hutto was born near Midland ical legacy of Earl Hutto and urge the May we continue to defend this Na- City, Alabama, and was educated in the swift passage of this legislation. tion. May we continue to defend the public schools, graduating from Dale Mr. Speaker, I yield back the balance constitutional rights of our citizens, County High School in Ozark, Ala- of my time. and may we always remind ourselves of bama. He served in the U.S. Navy as a Ms. FOXX. Mr. Speaker, I yield such the price that military heroes of the seaman first class aboard heavy cruiser time as he may consume to the gen- past have paid so that can happen. USS Bremerton. After graduating with tleman from Florida (Mr. MILLER). Mr. MILLER of Florida. Mr. Speaker, f degrees in business, English, and edu- cation in 1949, he went on to teach I rise today in support of renaming the ANNOUNCEMENT BY THE SPEAKER business at Cottonwood High School in Jordan Street Post Office in Pensacola PRO TEMPORE Alabama for 2 years. to the Earl D. Hutto Post Office Build- The SPEAKER pro tempore. Pursu- Later in his professional life, Hutto ing. ant to clause 8 of rule XX, the Chair became the program director, sports di- Congressman Hutto represented the will postpone further proceedings rector and announcer for WDIG in First Congressional District from 1978 today on motions to suspend the rules Dothan, Alabama, for 3 years. As his to 1994. An interesting piece of trivia is on which a recorded vote or the yeas television career developed, he relo- that Mr. Hutto’s initial congressional and nays are ordered, or on which the cated to the State of Florida and be- office was, in fact, temporarily located vote is objected to under clause 6 of came the sports director and State in what is now called the Jordan Street rule XX. news editor of WJHG–TV in Panama Post Office Building. Congressman Hutto’s life is a tale of RECORD votes on postponed questions City, Florida. a man who has achieved the American will be taken after 6:30 p.m. today. In 1972, he was elected to the Florida house of representatives where he Dream. Born into a poor, hardworking f served three terms. In 1978, he was family in Midland City, Alabama, Earl EARL D. HUTTO POST OFFICE elected to the U.S. Congress and served was the first in his family to graduate BUILDING eight terms until his retirement in from high school and to graduate from 1995. His dedication to Florida politics college. After several years in the Ms. FOXX. Mr. Speaker, I move to earned him such awards as Legislator broadcasting business and earning the suspend the rules and pass the bill of the Year by the Florida Association nickname Captain Supreme from par- (H.R. 5107) to designate the facility of of Retarded Citizens, Legislator of the ticipating in an ice cream commercial, the United States Postal Service lo- Year by the Florida Community Col- Congressman Hutto entered the life of cated at 1400 West Jordan Street in lege Association, and was named public service. In 1972, he began his dis- Pensacola, Florida, as the ‘‘Earl D. Watchdog of the Treasury for six tinguished career in the Florida house Hutto Post Office Building’’. straight Congresses. of representatives, serving three terms The Clerk read as follows: I urge all Members to pay homage to there before running for the U.S. House H.R. 5107 a legislator who was truly dedicated to of Representatives. Be it enacted by the Senate and House of Rep- working for his constituents in every In 1978, like all new Members of Con- resentatives of the United States of America in way by passing H.R. 5107. gress in search of office space, Mr. Congress assembled, Mr. Speaker, I reserve the balance of Hutto was lucky enough to draw num- SECTION 1. EARL D. HUTTO POST OFFICE BUILD- my time. ber 43 in the House lottery to choose ING. Mr. DAVIS of Illinois. Mr. Speaker, I his new office space. Drawing the slip (a) DESIGNATION.—The facility of the of paper with a room on the fifth floor United States Postal Service located at 1400 yield myself such time as I may con- West Jordan Street in Pensacola, Florida, sume. of Cannon on it, the next day the Pen- shall be known and designated as the ‘‘Earl Mr. Speaker, as a member of the sacola News Journal, our home town D. Hutto Post Office Building’’. Committee on Government Reform, I newspaper, ran the headline, ‘‘Hutto in (b) REFERENCES.—Any reference in a law, am pleased to join my colleague in con- Old Attic.’’ Like many of us, his desk map, regulation, document, paper, or other sideration of H.R. 5107, legislation was here in Washington; however, his record of the United States to the facility re- naming the postal facility in Pensa- home and his heart were planted in ferred to in subsection (a) shall be deemed to cola, Florida, after Earl D. Hutto. Florida’s gulf coast. be a reference to the ‘‘Earl D. Hutto Post Of- This measure, sponsored by Mr. Jeff Congressman Hutto quickly earned fice Building’’. Miller of Florida, has been cosponsored the respect of his peers and his col- The SPEAKER pro tempore. Pursu- by the entire Florida delegation. leagues in Washington with his com- ant to the rule, the gentlewoman from Earl Hutto was born in Alabama on monsense and straightforward dealings North Carolina (Ms. FOXX) and the gen- May 12, 1926. He attended Dale County on legislative matters. With a conserv- tleman from Illinois (Mr. DAVIS) each public schools and graduated from ative home district, he was known by will control 20 minutes. Troy State University. He did graduate his constituents as a ‘‘Boll Weevil,’’ a The Chair recognizes the gentle- work in broadcasting and served in group of fiscally and socially conserv- woman from North Carolina. World War II in the United States ative Southern Democrats. GENERAL LEAVE Navy. Prior to serving in the Florida As a member of the House Armed Ms. FOXX. Mr. Speaker, I ask unani- legislature, Earl Hutto worked as a Services Committee and chairman of mous consent that all Members may sports director and president of radio the Readiness Subcommittee, he have 5 legislative days within which to stations. He was elected to the Florida worked tirelessly for the benefit of our revise and extend their remarks, and legislature in 1972 and reelected in 1974 military men and women at home and include extraneous material on the bill and 1976. overseas. Under his leadership, he under consideration. In 1979, Earl Hutto was elected to helped create the U.S. Special Oper- The SPEAKER pro tempore. Is there represent the First Congressional Dis- ations Command in which the Joint objection to the request of the gentle- trict of Florida in the U.S. Congress Special Operations University resides woman from North Carolina? where he served until 1995 when he did on Hurlburt Field in Fort Walton There was no objection. not seek reelection. Since then, former Beach, Florida. Ms. FOXX. Mr. Speaker, I yield my- Representative Hutto has retired and Congressman Hutto learned early on self such time as I may consume. remains active in his Pensacola com- with God and family as your moral Mr. Speaker, H.R. 5107, offered by the munity. It is my understanding that compass, you cannot be steered wrong. distinguished gentleman from Florida Representative Hutto will be cele- As a family man, he is quick to credit (Mr. MILLER), would designate the post brating his 80th birthday on May 12. I his wife, Nancy, and his two daughters, office building in Pensacola, Florida, am sure my colleagues join me in wish- Lori Hutto and Amy Stubblefield, for as the ‘‘Earl D. Hutto Post Office ing him a great day and many years to his accomplishments and strength of Building.’’ All Members of the Florida come. character.

VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.008 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1928 CONGRESSIONAL RECORD — HOUSE May 2, 2006 Congressman Hutto spent eight dous honor—and at times it can be a little in- Ms. FOXX. Mr. Speaker, I urge all terms in the U.S. House before retiring timidating—to follow a real legend in this hal- Members to support the passage of H.R. in Pensacola. Today, he stays busy lowed chamber. 5107, and I yield back the balance of my with his church, his Rotary Club, and Like my predecessor, Congressman Sonny time. participation on a number of charitable Callahan, the name Earl Hutto is synonymous The SPEAKER pro tempore. The boards. He also sponsors golf tour- with all the good qualities of a truly out- question is on the motion offered by naments to fund scholarship endow- standing public servant—honesty, trust- the gentlewoman from North Carolina ments at five area institutions through worthiness, love of country, love of family, hu- (Ms. FOXX) that the House suspend the his foundation. As you can see, Mr. mility, faith, and integrity. I cannot Imagine a rules and pass the bill, H.R. 5107. Hutto was and continues to be a trust- more principled man has ever been elected to The question was taken; and (two- ed face and voice throughout northwest serve in this city, and I know—first-hand—that thirds having voted in favor thereof) Florida. We are very fortunate to have no one has ever worked harder or more tire- the rules were suspended and the bill such a distinguished gentleman with a lessly on behalf of his constituents than Earl was passed. genuine concern for local issues rep- Hutto. A motion to reconsider was laid on resenting them in Washington, D.C. A native of Midland City, a small town near the table. So on behalf of the United States Dothan in Alabama’s Wiregrass, Earl knew f Congress, I would like to thank Earl that three qualities—honesty, hard work, and Hutto for his 22 years of public service being a man of your word—were essential if JOHN PAUL HAMMERSCHMIDT in the U.S. House of Representatives you were to be successful in the game of life. POST OFFICE BUILDING and wish him an early happy 80th Early on, young Earl Hutto recognized that Ms. FOXX. Mr. Speaker, I move to birthday. he had a duty to his country and he served in suspend the rules and pass the bill Mr. EVERETT. Mr. Speaker, I rise today to the U.S. Navy as a Seaman First Class. Later, (H.R. 4811) to designate the facility of declare my support for H.R. 5107, a House he attended Troy State University on the G.I. the United States Postal Service lo- measure offered by U.S. Rep. JEFF MILLER, R- Bill and graduated with a B.S. degree in Busi- cated at 215 West Industrial Park Road Florida, to designate the United States Post ness-English-Education in 1949. in Harrison, Arkansas, as the ‘‘John Office at 1400 West Jordan Street in Pensa- Although he had a brief stint teaching high Paul Hammerschmidt Post Office cola, Florida the ‘‘Earl D. Hutto Post Office.’’ school, Earl had a God-given talent for broad- Building’’. Congressman EARL HUTTO proudly served casting, and in no time, Earl Hutto became a The Clerk read as follows: Florida’s first district from 1979 to 1995. He household name in places like Dothan, Mont- H.R. 4811 gomery, Pensacola, and Panama City. As was a strong voice for his district on the Be it enacted by the Senate and House of Rep- House Armed Services Committee where he sports director, of WSFA–TV in Montgomery, resentatives of the United States of America in rose to the position of chairman of the Readi- Earl was the host of Coach Shug Jordan’s Congress assembled, ness Subcommittee. During Democrat and Re- statewide telecast which—with all due respect SECTION 1. JOHN PAUL HAMMERSCHMIDT POST publican administrations, he was an effective to our work up here—may still rank higher in OFFICE BUILDING. and reliable advocate for our military men and the eyes of the Auburn football nation than (a) DESIGNATION.—The facility of the any elected office on the face of the earth. United States Postal Service located at 215 women and a credit to the U.S. House. West Industrial Park Road in Harrison, Ar- Earl and I go way back and it turns out we After a highly successful career in broad- casting, Earl opened his own advertising kansas, shall be known and designated as the have a lot in common. In addition to having ‘‘John Paul Hammerschmidt Post Office served in the House together, we both hail agency and soon embarked on a path that led him into public service. He was elected to the Building’’. from a media background. He chose broad- (b) REFERENCES.—Any reference in a law, Florida House of Representatives in 1972, casting and I worked for 30 years in print jour- map, regulation, document, paper, or other where he served three terms, and was elected nalism. But even more unique is the fact that record of the United States to the facility re- to the U.S. Congress in 1978 where he served he and I both come from the tiny Dale County, ferred to in subsection (a) shall be deemed to eight terms until his retirement in 1995. Alabama town of Midland City. As remarkable be a reference to the ‘‘John Paul Hammer- Earl Hutto was a ‘‘blue dog’’ before there schmidt Post Office Building’’. as it may sound, and we did not realize it until was such a thing. He fought for a stronger na- The SPEAKER pro tempore. Pursu- we both came to Congress, but Earl and I tional defense and was always a true friend to even lived in the same Midland City house at ant to the rule, the gentlewoman from the men and women who wear the uniform of North Carolina (Ms. FOXX) and the gen- different times. their nation’s military. I have missed Earl’s presence here in the tleman from Illinois (Mr. DAVIS) each On fiscal matters, Earl was a longtime pro- will control 20 minutes. House since his well deserved retirement and ponent of getting our budget balanced and not I was pleased to speak at a ceremony hon- The Chair recognizes the gentle- spending more than we take in, and he was woman from North Carolina. oring him last year at his alma mater, Troy one of the early advocates of a biennial budg- GENERAL LEAVE University, in my district. eting process—something many of us still be- Ms. FOXX. Mr. Speaker, I ask unani- I wish Earl and his wife Nancy all the best lieve would help restore some fiscal sanity to mous consent that all Members may as they continue to enjoy life back in Pensa- the process. cola. This House and the people have not for- Whether there was a Democrat in the White have 5 legislative days within which to gotten their contributions to our country. House or a Republican, Earl Hutto always at- revise and extend their remarks and in- Mr. BONNER. Mr. Speaker, in this chamber, tempted to vote the right way and do the right clude extraneous material on the bill even on the most partisan and bitter debates, thing. He always put his country first—well under consideration. it is both customary and a proud tradition to above any loyalty to a political party. The SPEAKER pro tempore. Is there refer to our colleagues as the ‘‘distinguished Mr. Speaker, knowing Earl Hutto as I do, I objection to the request of the gentle- gentleman’’ or the ‘‘distinguished gentle lady.’’ am sure the last thing he would want is some woman from North Carolina? From time-to-time the American people ac- building with his name on it—that was never There was no objection. tually see Members of this body who truly fit what motivated Earl in the least bit. However, Ms. FOXX. Mr. Speaker, I yield my- the description of their honorary titles. Today, in this day and age where there is so much self such time as I may consume. we honor one such person—a distinguished partisan divide in our country, I can’t think of Mr. Speaker, H.R. 4811, offered by the gentleman if there ever was one—Congress- a better time or more appropriate opportunity distinguished gentleman from Arkan- man Earl Hutto of Florida’s 1st Congressional for those of us in this body to come together— sas (Mr. BOOZMAN), would designate the District. Democrats and Republicans alike—and pay a post office building in Harrison, Arkan- I wish to thank the gentleman from lasting tribute to who made this House a bet- sas, as the John Paul Hammerschmidt Chumuckla, my very good friend, Congress- ter place—Congressman Earl Hutto. Post Office Building. man JEFF MILLER, for bringing this resolution Earl, may you and Nancy, Lori and Amy, Congressman John Paul Hammer- to the floor today and for finding this way— and your beautiful granddaughters Ellie and schmidt represented the Third District and a very appropriate opportunity that it is— Abbie know that your legacy is living on and of Arkansas in the U.S. House of Rep- to honor and pay tribute to Earl Hutto, a man your service to others continues to inspire a resentatives in the 90th Congress of the House, a man of integrity and a man for whole new generation of leaders. through the 102nd Congress. He was whom many of us hold in the highest regards. Again, I thank my friend, JEFF MILLER, for elected to 13 terms and served 26 years As Congressman MILLER and I have dis- bringing this matter before the House, and I during the administrations of six Presi- cussed numerous rimes, it is both a tremen- urge unanimous adoption of the resolution. dents. During his years in Congress,

VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.010 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1929 John Paul Hammerschmidt became He was a member of the United dealings with everyone, regardless of known for his attention to individual States Army Air Corps during World party or class or financial status. He constituent service and communica- War II, a member of the Air Force Re- certainly had strong opinions and had tion, his high voting and attendance serves, a member of the District of Co- his own sense of what was right and record during congressional sessions lumbia Army Reserves, the first Re- wrong, but he always worked in a bi- during the business week, and rou- publican Member to represent Arkan- partisan manner. tinely working weekends in Arkansas. sas since reconstruction, also a mem- After retiring from this body, he has Also, his legislative expertise in high- ber of the Board of Directors of the continued to be very active both in Ar- ways, airports, water supply and dis- Metropolitan Washington Airport. kansas and nationally; and maybe with tribution systems, as well as veterans These are just a few of the roles in the passage of time, as buildings come hospitals, will continue to benefit from which Congressman John Paul Ham- and go and names come and go, at his diligent stewardship long into the merschmidt has served; and, as I said, some point this facility may be re- future. it truly is a life of service to his coun- named, or it may be torn down and a Since retiring from Congress, Ham- try. new facility built and some other name merschmidt has continued to partici- First elected to the House of Rep- will be attached to it. But I can guar- pate in Arkansas civil involvements as resentatives in 1966, John Paul Ham- antee you it will not be anyone more a private citizen, chairing the North- merschmidt was noted for his dedica- professional or kind or with a better west Arkansas Council and March of tion and attention to constituent serv- sense of treating people well than Con- Dimes Arkansas Citizen of the Year ices. A native son of Harrison, Arkan- gressman Hammerschmidt. Dinner. Because of his dedication to sas, Congressman Hammerschmidt Ms. FOXX. Mr. Speaker, I yield as government at all levels, I ask all went on to represent the region for 13 much time as he may consume to my Members to honor his integrity and consecutive terms. In all of those elec- distinguished colleague from the State perseverance by passing H.R. 4811. tions, only two of Congressman Ham- of Arkansas (Mr. BOOZMAN). Mr. Speaker, I reserve the balance of merschmidt’s opponents were able to Mr. BOOZMAN. Mr. Speaker, I also my time. achieve more than one-third of the would echo the fact that Congressman Mr. DAVIS of Illinois. Mr. Speaker, I vote, and that included one candidate DAVIS is an Arkansan; and we are very, yield myself such time as I may con- by the name of Bill Clinton. very proud of him and all that he has sume. During his tenure in the House, Con- accomplished. Mr. Speaker, as a member of the gressman Hammerschmidt was known I rise today in support of H.R. 4811, Committee on Government Reform, I for his expertise regarding infrastruc- the John Paul Hammerschmidt Post am pleased to join my colleague in con- ture and veterans-related issues. As the Office Designation Act. No one under- sideration of H.R. 4811, legislation ranking member of the Public Works stands my congressional district like naming a postal facility in Harrison, Committee from 1986 to 1993, John was the kind and thoughtful gentleman Arkansas, after John Paul Hammer- influential in many of the improve- who represented much of Arkansas in schmidt. This measure was sponsored ments that have taken place on our the Congress from 1967 through 1993. I by the gentleman from Arkansas (Mr. Nation’s highways, airports and water- consider John Paul Hammerschmidt a BOOZMAN) on February 28, 2006, and way systems. John was a true steward mentor and a friend. unanimously reported by our com- of our Nation’s infrastructure; and During his 26 years in Congress, John mittee on March 30, 2006. The bill has users of roads, water systems and the Paul became known for his strong the support and cosponsorship of the airways will all long benefit from his work ethic and attention to individual entire Arkansas delegation and 112 efforts. constituent service. His fellow Mem- Members of Congress. Mr. Speaker, my father, Bud Shuster, bers came to rely on his legislative ex- A native of Arkansas, John Hammer- had the pleasure of serving with Con- pertise in highways, aviation and wa- schmidt was born in Harrison in 1922. gressman Hammerschmidt both in the terway infrastructure. In fact, Con- b 1430 House and on the Public Works Com- gressman Hammerschmidt served as He graduated from Harrison High mittee for many years. I asked him to ranking member of the Public Works, School and attended the Citadel, Uni- relate a few stories, reflections on John now known as the Transportation and versity of Arkansas and Oklahoma Paul Hammerschmidt, and he said he Infrastructure, Committee from 1986 State University. He served in the U.S. certainly was one of the experts on in- through 1993. Army Air Corps from 1942 to 1945, the frastructure in this country. And then During his tenure in office, Arkansas U.S. Air Force Reserves from 1945 to he said quite simply, ‘‘He is a gentle- completed many of the infrastructure 1960, and the District of Columbia man’s gentleman;’’ and I think that is improvements, including highways and Army Reserves from 1970 to 1981. a very accurate assessment of Con- airports, that have allowed northwest After holding senior positions in the gressman John Paul Hammerschmidt. Arkansas to become one of the major lumber and construction industry, Mr. Speaker, I strongly support the financial engines of our Nation. John was elected to represent the 3rd measure offered by my colleague, Mr. Congressman Hammerschmidt is also Congressional District of Arkansas. He BOOZMAN, to name the post office in remembered for his work on behalf of was subsequently elected to 13 terms, Harrison, Arkansas, after Congressman our Nation’s veterans. Particularly in serving in Congress from 1967 until John Paul Hammerschmidt. Arkansas, our veterans hospitals and 1993. Mr. DAVIS of Illinois. Mr. Speaker, I facilities still benefit from Congress- Mr. Speaker, I urge swift passage of yield such time as he might consume man Hammerschmidt’s service. H.R. 4811, which seeks to honor the to the distinguished gentleman from Congressman Hammerschmidt served broad legacy of former Representative Arkansas (Mr. SNYDER). as ranking member of the House Vet- Hammerschmidt. Mr. SNYDER. Mr. Speaker, once erans’ Affairs Committee from 1975 Mr. Speaker, I reserve the balance of again I have to call attention to the through 1986, and all of our Nation’s my time. fact, while Mr. DAVIS is here today in veterans had a tremendous advocate in Ms. FOXX. Mr. Speaker, I yield as his role as a congressman from Illinois, this good man. much time as he may consume to my he is an Arkansas native; and we are As a combat pilot in World War II, distinguished colleague from the Com- proud to have him always in this body Congressman Hammerschmidt flew 217 monwealth of Pennsylvania (Mr. SHU- but particularly on these bills involv- missions with the Third Combat Cargo STER). ing Arkansans. Group over ‘‘the Hump’’ in the China- Mr. SHUSTER. Mr. Speaker, it is an I just want to take a minute and add Burma-India theatre. honor for me to be here to participate my voice in praise of Congressman He was awarded the Distinguished in this naming of the United States Hammerschmidt. This is not the first Flying Cross with three oak leaf clus- Post Office after John Hammer- honor he has received. It will not be ters, the Air Medal with four oak leaf schmidt. It is a life that certainly is the last. He is a kind, intelligent man clusters, three Battle Stars, the China representative of a true American pa- with good judgment, always very pro- War Memorial Medal by the Republic triot and servant of the people. fessional throughout his career in his of China, and the Meritorious Service

VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.012 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1930 CONGRESSIONAL RECORD — HOUSE May 2, 2006 Award. He retired from the Air Force House, President Clinton nominated him to (b) REFERENCES.—Any reference in a law, Reserve as a major. Furthermore, he serve as a Member of the Board of Directors map, regulation, document, paper, or other has been awarded the highest honors of the Metropolitan Washington Airports Au- record of the United States to the facility re- by eight national veterans service or- ferred to in subsection (a) shall be deemed to thority. John Paul led many Committee trips to be a reference to the ‘‘Governor John Ander- ganizations. his district in Northwest Arkansas—and that son, Jr. Post Office Building’’. Since retiring, Congressman Ham- usually entailed having your photo taken sport- The SPEAKER pro tempore. Pursu- merschmidt has been named Arkansas ing the famous Arkansas Razorback hog hat. ant to the rule, the gentlewoman from Citizen of the Year; and he has re- While many of us are familiar with his Con- North Carolina (Ms. FOXX) and the gen- mained incredibly active in the fields gressional career, some may not know of his tleman from Illinois (Mr. DAVIS) each of business, education, aviation, com- heroic service to our country during World War will control 20 minutes. munity service, and his local church. II. A member of the Third Combat Cargo The Chair recognizes the gentle- Many of Congressman Hammer- Group in the China-Burma-India theater from woman from North Carolina. schmidt’s close friends continue to 1942 to 1945, John Paul flew 217 combat mis- serve in Congress today, and several sions—primarily in Burma and China. These GENERAL LEAVE will be submitting statements that missions included drop missions where he Ms. FOXX. Mr. Speaker, I ask unani- were unable to be here today. dropped supplies to our troops in the jungle, mous consent that all Members may Finally, I want to take a moment to all in an unarmed plane flying low over the have 5 legislative days within which to honor Ginny Hammerschmidt, who jungle in some of the worst weather conditions revise and extend their remarks and in- served the people of Arkansas along- imaginable while frequently coming under clude extraneous material on the bill side John Paul during his many years enemy fire. He also ‘‘flew the hump’’ as it was under consideration. of service. We lost Ginny last year, but called, dangerous missions high over the The SPEAKER pro tempore. Is there this bill, in recognizing the service of Himalayas. objection to the request of the gentle- Congressman Hammerschmidt, also Giving constant support to John Paul was woman from North Carolina? recognizes the sacrifices and service of his beloved wife Virginia, who sadly passed There was no objection. Ginny and the rest of the family. away earlier this year. Known to all as Ginny, Ms. FOXX. Mr. Speaker, I yield my- Ms. FOXX. Mr. Speaker, I have no she was recognized for her compassionate self such time as I may consume. other speakers at this point. I reserve and gentle nature. Together Ginny and John H.R. 4674, offered by the distin- the balance of my time. Paul served their district well. guished gentleman from Kansas (Mr. Mr. DAVIS of Illinois. Mr. Speaker, I Through John Paul’s decades of service to MOORE), would designate the Post Of- rise to actually close, and I have no our country, first in the Army Air Corps in fice Building in Olathe, Kansas, as the further requests for time. World War II, here in the House of Represent- ‘‘Governor John Anderson, Jr. Post Of- But, in closing, let me just say, first atives, and even today as he remains active in fice building’’. of all, that I appreciate the kind com- his community, he is thoroughly deserving of John Anderson was born near Olathe, ments and remarks made by my col- this honor. He served this House with distinc- Kansas, in 1917. He earned his under- leagues from Arkansas. As you can see, tion and worked effectively with Members of graduate degree from Kansas State there is a tremendous amount of affin- both parties to move important initiatives for- University and from there went on to ity for those of us who grew up in the ward. He is a true gentleman, and I am proud receive his law degree from the Univer- land of opportunity. to call him a friend. sity of Kansas in 1944. But, also, I note that Representative Mr. DAVIS of Illinois. Mr. Speaker, I After serving on the staff of U.S. Dis- BOOZMAN’s wife came from the town yield back the balance of my time. trict Court Judge Walter Huxman for 2 where my family lived, and her uncle Ms. FOXX. Mr. Speaker, I urge all years, John Anderson was successful in was actually the postmaster, and my Members to support the passage of H.R. running for the position of Johnson father used to visit in the post office, 4811. County Attorney, a capacity in which along with many other people, and that I yield back the balance of my time. he served for 6 years. He was a Member was kind of like a neighborhood gath- The SPEAKER pro tempore. The of the Kansas State Senate from 1953 to ering place. That is one of the reasons question is on the motion offered by 1956 and was appointed Kansas Attor- that we hope that many of the small the gentlewoman from North Carolina ney General serving in 1956. post offices will be able to remain in- (Ms. FOXX) that the House suspend the In 1960, John Anderson was elected tact, because they are more than just rules and pass the bill, H.R. 4811. Governor of the State of Kansas and letter-dispensing areas in many of The question was taken; and (two- worked tirelessly to revise the State’s these communities. thirds having voted in favor thereof) pardon and parole systems, to create a So I commend Representative the rules were suspended and the bill combined State medical and psy- BOOZMAN for seeking to honor this out- was passed. chiatric hospital, and to restructure standing American. A motion to reconsider was laid on the State’s public school system into Mr. PETRI. Mr. Speaker, I want to express the table. unified districts. my strong support for this bill to name a post f The hard work and dedication of Gov- office in Harrison, Arkansas, in honor of the ernor John Anderson, one of Kansas’s GOVERNOR JOHN ANDERSON, JR. Honorable John Paul Hammerschmidt, and I most important leaders, should not go POST OFFICE BUILDING am pleased to be an original cosponsor. unnoticed. I urge all Members to come I had the distinct honor and privilege of Ms. FOXX. Mr. Speaker, I move to together and honor a man who strived serving for many years with John Paul on suspend the rules and pass the bill to achieve excellence in government by what was then known as the Public Works (H.R. 4674) to designate the facility of passing H.R. 4675. and Transportation Committee—now known the United States Postal Service lo- Mr. Speaker, I reserve the balance of as the Transportation and Infrastructure Com- cated at 110 North Chestnut Street in my time. mittee. He completed his 26 years of service Olathe, Kansas, as the ‘‘Governor John Mr. DAVIS of Illinois. Mr. Speaker, I in the House as the ranking minority member Anderson, Jr. Post Office Building’’. yield such time as he might consume of the Committee—and he provided steady The Clerk read as follows: to the sponsor of this legislation, Rep- leadership as we worked together to build the H.R. 4674 resentative DENNIS MOORE from Kan- roads, airports and waterways needed to keep Be it enacted by the Senate and House of Rep- sas. America competitive and prosperous. resentatives of the United States of America in Mr. MOORE of Kansas. Mr. Speaker, He was the ranking member during the leg- Congress assembled, I rise today in support of legislation I endary ISTEA transportation bill in 1991, SECTION 1. GOVERNOR JOHN ANDERSON, JR. introduced with my Kansas colleagues, which moved us beyond the Interstate con- POST OFFICE BUILDING. TODD TIAHRT, JIM RYUN and JERRY (a) DESIGNATION.—The facility of the MORAN, to designate the United States struction era and provided a new vision for United States Postal Service located at 110 transportation in the U.S. For many years he North Chestnut Street in Olathe, Kansas, Post Office located at 110 North Chest- was ranking on the Aviation Subcommittee shall be known and designated as the ‘‘Gov- nut Street in Olathe as the ‘‘Governor and has always had a keen interest in aviation ernor John Anderson, Jr. Post Office Build- John Anderson, Jr. Post Office Build- issues. In 1998, after his retirement from the ing’’. ing’’.

VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.014 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1931 Governor Anderson was born near served three terms and then ran suc- revise and extend their remarks and in- Olathe in 1917, educated at Kansas cessfully for a seat in the Kansas Sen- clude extraneous material on the bill State University and the University of ate. John served as a State senator under consideration. Kansas, where he received a law degree until his appointment as a attorney The SPEAKER pro tempore. Is there in 1944. After serving on the staff of general, a position he held until he de- objection to the request of the gentle- U.S. District Court Judge Walter cided to run for Governor of Kansas. woman from North Carolina? Huxman for 2 years, John Anderson In 1960 John was elected Governor of There was no objection. won election as Johnson County Attor- Kansas and served until 1964. His ten- Ms. FOXX. Mr. Speaker, I yield my- ney in 1947, where he served for 6 years. ure was marked by a number of self such time as I may consume. He was a member of the Kansas State achievements, including the restruc- Mr. Speaker, H.R. 4995, offered by the Senate from 1953 to 1956 and was ap- turing of the State’s public school sys- distinguished gentlewoman from New pointed Kansas Attorney General, serv- tem, expansion of vocational-technical York (Mrs. LOWEY), would designate ing from 1956 to 1961. schools, and advancements in highway the post office building in Tuckahoe, He was elected Governor of Kansas in construction. New York, as the ‘‘Ronald Bucca Post 1960 and 1962, he defeated incumbent After serving as Governor, Mr. An- Office.’’ Governor George Docking, served as derson went back to practicing law. He Ronald Bucca was nicknamed the Governor during Kansas’s centennial remained involved in public service and ‘‘Flying Fireman’’ in 1986 after he fell celebration, and appointed James B. is currently retired in Olathe, Kansas. spectacularly from a tenement fire es- Pearson to the United States Senate And so, Mr. Speaker, I have had the cape, spun around a cable strung upon the death of Senator Andrew opportunity actually to see this post through a backyard, and lived to tell Schoeppel. office, and Olathe, Kansas, is a beau- the tale. His specialty was rescuing John Anderson’s tenure as Kansas tiful small town, and I would urge pas- frightened people from the smoke and Governor was marked by numerous sage of this legislation. flames of burning buildings during his achievements, including revision of the Mr. DAVIS of Illinois. Mr. Speaker, I 23 years as a firefighter. His last 9 State’s pardon and parole systems; cre- yield back the balance of my time. years of service he acted as the fire ation of a combined State medical and Ms. FOXX. Mr. Speaker, I urge all marshal. He was also a former nurse psychiatric hospital; restructuring the Members to support the passage of H.R. and reservist in the United States State’s public school system into uni- 4674, and I yield back the balance of my Army Special Forces. Bucca was fied districts; increasing the State’s time. trained as an antiterrorist intelligence per-pupil expenditure allowance; addi- The SPEAKER pro tempore. The expert. And on September 11, 2001, Ron- tion of the University of Kansas to the question is on the motion offered by ald Bucca responded to his call to duty State board of regents system; sanc- the gentlewoman from North Carolina and headed into the city toward the tioning of fair employment practices (Ms. FOXX) that the House suspend the Twin Towers. In his quest to assist all standards; approval of an advanced rules and pass the bill, H.R. 4674. those trying to flee the fiery scene that public employee retirement system; The question was taken; and (two- day, he lost his life on the 78th floor advancements in highway construc- thirds having voted in favor thereof) when the South Tower collapsed in tion; expansion of vocational-technical the rules were suspended and the bill flames. schools in Kansas; authorization of a was passed. A valuable member of the fire depart- State library consultant; improve- A motion to reconsider was laid on ment and the community, Ronald ments in the public welfare system; the table. Bucca is sorely missed; and it is only appropriate that we honor him by pass- and reorganization of state agencies, f commissions and boards. ing H.R. 4995. Mr. Speaker, this legislation hon- RONALD BUCCA POST OFFICE Mr. Speaker, I reserve the balance of my time. oring an important Kansas leader is Ms. FOXX. Mr. Speaker, I move to Mr. DAVIS of Illinois. Mr. Speaker, I long overdue, and I know that my dele- suspend the rules and pass the bill am pleased to yield such time as she gation colleagues look forward with me (H.R. 4995) to designate the facility of may consume to the distinguished gen- to its speedy enactment. I thank the the United States Postal Service lo- tlewoman from New York (Mrs. leadership of the Government Reform cated at 7 Columbus Avenue in Committee for bringing it before the LOWEY), the sponsor of this legislation. Tuckahoe, New York, as the ‘‘Ronald Mrs. LOWEY. Mr. Speaker, I thank House in such an expeditious manner, Bucca Post Office’’. and I urge all of my colleagues to sup- the distinguished gentleman and the The Clerk read as follows: distinguished chairwoman for yielding port today this legislation for my H.R. 4995 friend, Governor John Anderson of me this time. Be it enacted by the Senate and House of Rep- Kansas. Mr. Speaker, I rise in support of this resentatives of the United States of America in legislation, which would rename the Ms. FOXX. Mr. Speaker, I have no Congress assembled, other speakers at this time. I reserve U.S. Post Office in Tuckahoe, New SECTION 1. RONALD BUCCA POST OFFICE. York, after Ronald Bucca. I want to the balance of my time. (a) DESIGNATION.—The facility of the thank Mr. DAVIS and the other mem- b 1445 United States Postal Service located at 7 Co- lumbus Avenue in Tuckahoe, New York, bers of the Government Reform Com- Mr. DAVIS of Illinois. Mr. Speaker, I shall be known and designated as the ‘‘Ron- mittee for their support of this bill. yield myself such time as I may con- ald Bucca Post Office’’. Born on May 6, 1954, Ronald Bucca sume. (b) REFERENCES.—Any reference in a law, spent his life in public service, defend- As a member of the Government Re- map, regulation, document, paper, or other ing our Nation overseas and protecting form Committee, I am pleased to join record of the United States to the facility re- our communities here at home. Over my colleague in the consideration of ferred to in subsection (a) shall be deemed to the course of his long and distinguished H.R. 4674, legislation naming the postal be a reference to the ‘‘Ronald Bucca Post Of- career as a member of the Fire Depart- facility in Olathe, Kansas, after Gov- fice’’. ment of New York, Ron Bucca served ernor John Anderson, Jr. This measure The SPEAKER pro tempore. Pursu- with Engine 95, Ladder 2, Rescue 1, the was sponsored by my colleague, Rep- ant to the rule, the gentlewoman from Fire Department of New York Ter- resentative DENNIS MOORE, on January North Carolina (Ms. FOXX) and the gen- rorist Task Force and as a fire mar- 31, 2006, and unanimously reported by tleman from Illinois (Mr. DAVIS) each shal. During his time with Rescue 1, our committee on March 9, 2006. The will control 20 minutes. Ron was severely injured when he fell bill has the support and cosponsorship The Chair recognizes the gentle- five stories while attempting to rescue of the entire Kansas delegation. woman from North Carolina. a fellow firefighter. When he trium- Born and educated in Kansas, John GENERAL LEAVE phantly returned to work, he earned Anderson became involved in local pol- Ms. FOXX. Mr. Speaker, I ask unani- the nickname the ‘‘Flying Fireman.’’ itics by winning an election for county mous consent that all Members may During the 9/11 attacks, Ron Bucca attorney for Johnson County. He have 5 legislative days within which to was one of only two firefighters to

VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.016 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1932 CONGRESSIONAL RECORD — HOUSE May 2, 2006 reach the fire floor of the South Tower. (H.R. 4101) to designate the facility of Mr. BISHOP of New York. Mr. Speak- Along with Chief Palmer, Ron was the United States Postal Service lo- er, I thank Mr. DAVIS for yielding. stretching a hose line into the 78th cated at 170 East Main Street in Mr. Speaker, I rise in strong support floor lobby when the tower fell. Ronald Patchogue, New York, as the ‘‘LT Mi- of H.R. 4101, which I proudly introduced Bucca was the first New York City fire chael P. Murphy Post Office Building’’. last October on behalf of all 29 mem- marshal to be killed in the line of duty. The Clerk read as follows: bers of the New York delegation in the In addition to his brave and dedi- H.R. 4101 House. cated career protecting the people of Be it enacted by the Senate and House of Rep- Our bill names the U.S. Post Office New York, Ronald Bucca also per- resentatives of the United States of America in on 170 East Main Street in Patchogue, formed heroically as a member of the Congress assembled, New York, in honor of a fallen neighbor Armed Forces. During Ron’s military SECTION 1. LIEUTENANT MICHAEL P. MURPHY and decorated hero of the United career, he spent time with the 11th POST OFFICE BUILDING. States Navy’s elite Sea-Air-Land (a) DESIGNATION.—The facility of the forces, Lt. Michael P. Murphy, who was Special Forces group and the Defense United States Postal Service located at 170 Intelligence Agency, serving as a Spe- East Main Street in Patchogue, New York, killed in action on the evening of June cial Forces first sergeant, a member of shall be known and designated as the ‘‘Lieu- 28, 2005, while tracking insurgent the 101st Airborne Division, and a Spe- tenant Michael P. Murphy Post Office Build- Taliban and al Qaeda movements in the cial Forces group defense intelligence ing’’. mountains of the Kubar province of Af- analyst. (b) REFERENCES.—Any reference in a law, ghanistan. For his brave service to our Nation, map, regulation, document, paper, or other For his valor and sacrifice, Lieuten- record of the United States to the facility re- ant Murphy was posthumously awarded the military has also honored Ronald ferred to in subsection (a) shall be deemed to Bucca. When the 800th Military Police be a reference to the ‘‘Lieutenant Michael P. the Silver Star and the Purple Heart. Brigade took command of British Murphy Post Office Building’’. Approaching the first anniversary of Enemy Holding Area Freddy in South- The SPEAKER pro tempore. Pursu- the deaths of Lieutenant Murphy and ern Iraq, it was promptly renamed ant to the rule, the gentlewoman from his fellow SEALs, it is appropriate for this House to once again express the Camp Bucca. North Carolina (Ms. FOXX) and the gen- solemn appreciation of a grateful Na- For Ronald Bucca the military and tleman from Illinois (Mr. DAVIS) each the fire department honors were just will control 20 minutes. tion for their sacrifices and to share the tip of the iceberg. He was also a li- The Chair recognizes the gentle- this tribute with their families. censed practical nurse, held an asso- woman from North Carolina. Mr. Speaker, my colleagues will re- call the tragic images from around the ciate degree in OSHA and fire science GENERAL LEAVE last July 4 holiday when it was first re- from John Jay College, and had a bach- Ms. FOXX. Mr. Speaker, I ask unani- ported that U.S. Army helicopters car- elor of science degree in public safety mous consent that all Members may rying two teams of Special Forces, from Mercy College. have 5 legislative days within which to known as the ‘‘Night Stalkers,’’ who For over 20 years Ron and his wife, revise and extend their remarks and in- were attempting a daring rescue of Eve, made Tuckahoe, New York, their clude extraneous material on the bill Lieutenant Murphy’s unit, were shot home. Ron was actively involved in his under consideration. children’s education and encouraged The SPEAKER pro tempore. Is there down by rocket-propelled grenades their involvement in the Boy Scouts objection to the request of the gentle- over the mountains in Eastern Afghan- and various other activities. woman from North Carolina? istan. I believe Ronald Bucca’s life can There was no objection. That tragic day claimed the lives of most appropriately be described by Ms. FOXX. Mr. Speaker, I yield my- 11 SEALs and eight soldiers, rep- those who knew him best, his children. self such time as I may consume. resenting the single deadliest attack They spoke of him this way: ‘‘He was a Mr. Speaker, H.R. 4101, offered by the on the U.S. military up to that point in fireman, a soldier, a nurse, a walking distinguished gentleman from New the global war on terror. The Naval encyclopedia of knowledge, and an ad- York (Mr. BISHOP), would designate the Special Warfare Command later con- venturer. But most of all, he was one of post office building in Patchogue, New firmed that it was also the single larg- our best friends and an incredible dad.’’ York, as the ‘‘Lieutenant Michael P. est loss of life in the history of the Mr. Speaker, Ronald Bucca was a Murphy Post Office Building.’’ Navy SEALs, the smallest of our in- hero in every sense of the word, and I Lt. Michael P. Murphy was a true trepid Special Operations Forces. urge my colleagues to join me in hon- hero in every sense of the word. At the Nearly a thousand people attended oring him by passing this legislation. age of 29, Lieutenant Murphy and three Lieutenant Murphy’s memorial service Mr. DAVIS of Illinois. Mr. Speaker, of his Navy SEAL comrades were killed at our Lady of Mount Carmel Catholic it is difficult to improve upon such an during an ambush by Taliban insur- Church in Patchogue. His parents, Dan- eloquent statement. gents while serving our country in Af- iel and Maureen, spoke of how their ex- Mr. Speaker, I have no further re- ghanistan. Lieutenant Murphy will not traordinary son’s boundless enthu- quests for time, and I yield back the be forgotten, as he was universally siasm, generosity, and determination balance of my time. loved and admired. In fact, his Navy made them so proud of him through Ms. FOXX. Mr. Speaker, I urge all SEAL commanding officer remembers the short years they had together. Re- Members to support the passage of H.R. him as being ‘‘a very focused young membered not only for his courage and 4995, and I yield back the balance of my man with a terrific attitude, quiet in- for the ultimate sacrifice Lieutenant time. tensity and determination.’’ Murphy made for this country, he will The SPEAKER pro tempore. The Lieutenant Murphy graduated from also be admired in our community as question is on the motion offered by Penn State University; and after his one of its favorite sons. At Patchogue- the gentlewoman from North Carolina military service, he planned to attend Medford High School, he was an excel- (Ms. FOXX) that the House suspend the law school and was engaged to be mar- lent student, awarded by the National rules and pass the bill, H.R. 4995. ried. He truly enjoyed life. As his fa- Honor Society and accepted to Penn The question was taken; and (two- ther recalls, ‘‘He squeezed more life in State University, where he majored in thirds having voted in favor thereof) 29 years than I will ever see.’’ political science. He played varsity the rules were suspended and the bill I ask all Members to come together football, life-guarded along the beaches was passed. and honor this brave young man for his of Long Island during the summers, A motion to reconsider was laid on service to this country. and, after graduating from Penn State the table. Mr. Speaker, I reserve the balance of University, chose the Navy over offers f my time. from two law schools. Mr. DAVIS of Illinois. Mr. Speaker, Like the impeccable reputation he LT MICHAEL P. MURPHY POST it is my pleasure to yield such time as earned in the eyes of the community of OFFICE BUILDING he may consume to the gentleman Patchogue, Lieutenant Murphy’s bril- Ms. FOXX. Mr. Speaker, I move to from New York (Mr. BISHOP), the spon- liant naval record reflects his courage, suspend the rules and pass the bill sor of this legislation. diligence, and steadfast dedication.

VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.019 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1933 With firm resolve and a robust drive Mr. Speaker, I yield back the balance (C) in paragraph (3), by striking ‘‘by creating toward perfection, he was determined of my time. the following new subsection:’’ and inserting to exceed the SEALs’ rigorous physical Ms. FOXX. Mr. Speaker, I urge all ‘‘by adding at the end the following:’’. requirements and was known to per- Members to support the passage of H.R. (2) Section 36 of the Alaska Native Claims Set- tlement Act (43 U.S.C. 1629b) is amended in sub- form chin-ups wearing full body armor 4101, and yield back the balance of my section (f), by striking ‘‘section 1629e of this to stay in shape. time. title’’ and inserting ‘‘section 39’’. b 1500 The SPEAKER pro tempore (Mr. (b)(1) Section 337(b) of the Department of the ISSA). The question is on the motion of- Interior and Related Agencies Appropriations Still, he took the time each day dur- fered by the gentlewoman from North Act, 2003 (Division F of Public Law 108–7; 117 ing his deployment to stay in touch Carolina (Ms. FOXX) that the House Stat. 278; February 20, 2003) is amended by with his family and his fiance, Heather, suspend the rules and pass the bill, striking ‘‘Section 1629e(a)(3) of title 43, United whom he would have married upon his H.R. 4101. States Code,’’ and inserting ‘‘Section 39(a)(3) of the Alaska Native Claims Settlement Act (43 anticipated return last fall. Through it The question was taken; and (two- all, he comforted them with a cheerful U.S.C. 1629e(a)(3))’’. thirds having voted in favor thereof) (2) Section 39(a)(3)(B)(ii) of the Alaska Native outlook and a sense of humor. the rules were suspended and the bill Although under the most unfortunate Claims Settlement Act (43 U.S.C. was passed. circumstances, I am proud to have 1629e(a)(3)(B)(ii)) is amended by striking ‘‘(a)(4) A motion to reconsider was laid on of section 1629b of this title’’ and inserting ‘‘sec- come to know the Murphy family over the table. tion 36(a)(4)’’. the past year and feel privileged to rep- (c) The amendments made by this section take f resent them. Today, it is entirely ap- effect on February 20, 2003. propriate that we pay tribute to their NATIVE AMERICAN TECHNICAL SEC. 102. ANCSA AMENDMENT. son by naming the post office on East CORRECTIONS ACT OF 2006 All land and interests in land in the State of Main Street in his hometown in his Mr. PEARCE. Mr. Speaker, I move to Alaska conveyed by the Federal Government honor. suspend the rules and concur in the under the Alaska Native Claims Settlement Act On behalf of Eastern Long Island, I (43 U.S.C. 1601 et seq.) to a Native Corporation Senate amendment to the bill (H.R. and reconveyed by that Native Corporation, or thank all of my colleagues in the New 3351) to make technical corrections to York delegation for cosponsoring H.R. a successor in interest, in exchange for any laws relating to Native Americans, and other land or interest in land in the State of 4101, and appreciate the leadership’s de- for other purposes. Alaska and located within the same region (as cision to call this bill to the floor. By The Clerk read as follows: defined in section 9(a) of the Alaska Native passing this legislation, the Murphy Senate amendment: Claims Settlement Act (43 U.S.C. 1608(a)), to a family will know that they are in our Strike out all after the enacting clause and Native Corporation under an exchange or other thoughts and prayers and that our Na- insert: conveyance, shall be deemed, notwithstanding the conveyance or exchange, to have been con- tion will always honor the memory of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. veyed pursuant to that Act. their son. (a) SHORT TITLE.—This Act may be cited as Accordingly, Mr. Speaker, I urge my the ‘‘Native American Technical Corrections Act SEC. 103. MISSISSIPPI BAND OF CHOCTAW TRANS- colleagues to support H.R. 4101. of 2006’’. PORTATION REIMBURSEMENT. I thank my colleague from North (b) TABLE OF CONTENTS.—The table of con- The Secretary of the Interior is authorized Carolina for her support of this meas- tents of this Act is as follows: and directed, within the 3-year period beginning on the date of enactment of this Act, to accept Sec. 1. Short title; table of contents. ure, and I thank the gentleman for funds from the State of Mississippi pursuant to yielding. TITLE I—TECHNICAL AMENDMENTS AND the contract signed by the Mississippi Depart- Mr. DAVIS of Illinois. Mr. Speaker, I OTHER PROVISIONS RELATING TO NA- ment of Transportation on June 7, 2005, and by yield myself such time as I may con- TIVE AMERICANS the Mississippi Band of Choctaw Indians on sume. Sec. 101. Alaska Native Claims Settlement Act June 2, 2005. The amount shall not exceed As a member of the Government Re- technical amendment. $776,965.30 and such funds shall be deposited in form Committee, I am pleased to join Sec. 102. ANCSA amendment. the trust account numbered PL7489708 at the my colleagues in consideration of H.R. Sec. 103. Mississippi Band of Choctaw transpor- Office of Trust Funds Management for the ben- 4101, legislation naming the postal fa- tation reimbursement. efit of the Mississippi Band of Choctaw Indians. Sec. 104. Fallon Paiute Shoshone tribes settle- Thereafter, the tribe may draw down these mon- cility in Patchogue, New York, after ment. eys from this trust account by resolution of the LT Michael P. Murphy. TITLE II—INDIAN LAND LEASING Tribal Council, pursuant to Federal law and This measure was sponsored by Rep- Sec. 201. Prairie Island land conveyance. regulations applicable to such accounts. resentative TIMOTHY BISHOP of New Sec. 202. Authorization of 99-year leases. SEC. 104. FALLON PAIUTE SHOSHONE TRIBES York on October 20, 2005, and unani- Sec. 203. Certification of rental proceeds. SETTLEMENT. mously reported by our committee on TITLE III—NATIONAL INDIAN GAMING (a) SETTLEMENT FUND.—Section 102 of the November 16, 2005. The bill, of course, COMMISSION FUNDING AMENDMENT Fallon Paiute Shoshone Indian Tribes Water has the support and cosponsorship of Rights Settlement Act of 1990 (Public Law 101– Sec. 301. National Indian Gaming Commission 618; 104 Stat. 3289) is amended— the entire New York delegation. funding amendment. Michael Murphy of Patchogue, New (1) in subsection (C)— TITLE IV—INDIAN FINANCING York, was a 29-year-old lieutenant (A) in paragraph (1)— Sec. 401. Indian Financing Act Amendments. (i) by striking the matter preceding subpara- serving with a four-man SEAL recon- graph (a) and inserting the following: ‘‘Not- naissance team that called for help TITLE V—NATIVE AMERICAN PROBATE REFORM TECHNICAL AMENDMENT withstanding any conflicting provision in the when his SEAL team was ambushed by original Fund plan during Fund fiscal year 2006 Taliban fighters in Kunar Province, Af- Sec. 501. Clarification of provisions and amend- or any subsequent Fund fiscal year, 6 percent of ments relating to inheritance of the average quarterly market value of the Fund ghanistan, on June 28, 2005. His re- Indian lands. mains were found during a combat during the immediately preceding 3 Fund fiscal TITLE I—TECHNICAL AMENDMENTS AND years (referred to in this title as the ‘Annual 6 search and rescue operation on July 4, OTHER PROVISIONS RELATING TO NA- 2005. Lieutenant Murphy was assigned percent Amount’), plus any unexpended and TIVE AMERICANS unobligated portion of the Annual 6 percent to SEAL Delivery Vehicle Team One, SEC. 101. ALASKA NATIVE CLAIMS SETTLEMENT Amount from any of the 3 immediately pre- Pearl Harbor, I Hawaii. ACT TECHNICAL AMENDMENT. ceding Fund fiscal years that are subsequent to Michael Murphy was a graduate of (a)(1) Section 337(a) of the Department of the Fund fiscal year 2005, less any negative income Patchogue-Medford High School in New Interior and Related Agencies Appropriations that may accrue on that portion, may be ex- York and Penn State university. He Act, 2003 (Division F of Public Law 108–7; 117 pended or obligated only for the following pur- chose to defer law school until he had Stat. 278; February 20, 2003) is amended— poses:’’; and completed his tour of duty. (A) in the matter preceding paragraph (1), by (ii) by adding at the end the following: Mr. Speaker, I commend my col- striking ‘‘Section 1629b of title 43, United States ‘‘(g) Fees and expenses incurred in connection league for seeking to honor the ulti- Code,’’ and inserting ‘‘Section 36 of the Alaska with the investment of the Fund, for investment Native Claims Settlement Act (43 U.S.C. 1629b)’’; management, investment consulting, custodian- mate sacrifice of this war hero by dedi- (B) in paragraph (2), by striking ‘‘by creating ship, and other transactional services or mat- cating the Patchogue Post Office in his the following new subsection:’’ and inserting ters.’’; and honor. I urge swift passage of this leg- ‘‘in subsection (d), by adding at the end the fol- (B) by striking paragraph (4) and inserting islation. lowing:’’; and the following:

VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4634 Sfmt 6333 E:\CR\FM\K02MY7.021 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1934 CONGRESSIONAL RECORD — HOUSE May 2, 2006 ‘‘(4) No monies from the Fund other than the GO–335A, GO–335B, GO–336 through GO–338, (5) by striking ‘‘lands comprising the Moses amounts authorized under paragraphs (1) and GO–339A, GO–339B, GO–339C, GO–339D, GO– Allotment Numbered 10, Chelan County, Wash- (3) may be expended or obligated for any pur- 339E, GO–340A, GO–340B, GO–358, GO–359A, ington,,’’ and inserting ‘‘the lands comprising pose. GO–359B, GO–359C, GO–359D, and GO–360, as the Moses Allotment Numbered 8 and the Moses ‘‘(5) Notwithstanding any conflicting provi- depicted on the map entitled ‘‘United States Allotment Numbered 10, Chelan County, Wash- sion in the original Fund plan, during Fund fis- Army Corps of Engineers survey map of the ington,’’; cal year 2006 and during each subsequent Fund Upper Mississippi River 9-Foot Project, Lock & (6) by inserting ‘‘land held in trust for the fiscal year, not more than 20 percent of the An- Dam No. 3 (Red Wing), Land & Flowage Prairie Band Potawatomi Nation,’’ before nual 6 percent Amount for the Fund fiscal year Rights’’ and dated December 1936. ‘‘lands held in trust for the Cherokee Nation of (referred to in this title as the ‘Annual 1.2 per- (c) BOUNDARY SURVEY.—Not later than 5 Oklahoma’’; cent Amount’) may be expended or obligated years after the date of conveyance under sub- (7) by inserting ‘‘land held in trust for the under paragraph (1)(c) for per capita distribu- section (a), the boundaries of the land conveyed Fallon Paiute Shoshone Tribes,’’ before ‘‘lands tions to tribal members, except that during each shall be surveyed as provided in section 2115 of held in trust for the Pueblo of Santa Clara’’; Fund fiscal year subsequent to Fund fiscal year the Revised Statutes (25 U.S.C. 176). and 2006, any unexpended and unobligated portion (d) EASEMENT.— (8) by inserting ‘‘land held in trust for the of the Annual 1.2 percent Amount from any of (1) IN GENERAL.—The Corps of Engineers shall Yurok Tribe, land held in trust for the Hopland the 3 immediately preceding Fund fiscal years retain a flowage and sloughing easement for the Band of Pomo Indians of the Hopland that are subsequent to Fund fiscal year 2005, purpose of navigation and purposes relating to Rancheria,’’ after ‘‘Pueblo of Santa Clara,’’. less any negative income that may accrue on the Lock and Dam No. 3 project over the portion (b) EFFECTIVE DATE.—The amendments made that portion, may also be expended or obligated of the land described in subsection (b) that lies by subsection (a) shall apply to any lease en- for such per capita payments.’’; and below the elevation of 676.0. tered into or renewed after the date of enact- (2) in subsection (D), by adding at the end the (2) INCLUSIONS.—The easement retained under ment of this Act. following: ‘‘Notwithstanding any conflicting paragraph (1) includes— SEC. 203. CERTIFICATION OF RENTAL PROCEEDS. provision in the original Fund plan, the Fallon (A) the perpetual right to overflow, flood, and Notwithstanding any other provision of law, Business Council, in consultation with the Sec- submerge property as the District Engineer de- any actual rental proceeds from the lease of retary, shall promptly amend the original Fund termines to be necessary in connection with the land acquired under the first section of the Act plan for purposes of conforming the Fund plan operation and maintenance of the Mississippi entitled ‘‘An Act to provide for loans to Indian to this title and making nonsubstantive updates, River Navigation Project; and tribes and tribal corporations, and for other improvements, or corrections to the original (B) the continuing right to clear and remove purposes’’ (25 U.S.C. 488) certified by the Sec- Fund plan.’’. any brush, debris, or natural obstructions that, retary of the Interior shall be deemed— (b) DEFINITIONS.—Section 107 of the Fallon in the opinion of the District Engineer, may be (1) to constitute the rental value of that land; Paiute Shoshone Indian Tribes Water Rights detrimental to the project. and Settlement Act of 1990 (Public Law 101–618; 104 (e) OWNERSHIP OF STURGEON LAKE BED UNAF- (2) to satisfy the requirement for appraisal of Stat. 3293) is amended— FECTED.—Nothing in this section diminishes or that land. otherwise affects the title of the State of Min- (1) by redesignating subsections (D), (E), (F), TITLE III—NATIONAL INDIAN GAMING nesota to the bed of Sturgeon Lake located with- and (G) as subsections (F), (G), (H), and (I), re- COMMISSION FUNDING AMENDMENT in the tracts of land described in subsection (b). spectively; and SEC. 301. NATIONAL INDIAN GAMING COMMIS- (2) by striking subsections (B) and (C) and in- (f) CONDITIONS.—The conveyance under sub- section (a) is subject to the conditions that the SION FUNDING AMENDMENT. serting the following: (a) POWERS OF THE COMMISSION.—Section 7 of ‘‘(B) the term ‘Fund fiscal year’ means a fis- Prairie Island Indian Community shall not— (1) use the conveyed land for human habi- the Indian Gaming Regulatory Act (25 U.S.C. cal year of the Fund (as defined in the Fund 2706) is amended by adding at the end the fol- plan); tation; (2) construct any structure on the land with- lowing: ‘‘(C) the term ‘Fund plan’ means the plan es- ‘‘(d) APPLICATION OF GOVERNMENT PERFORM- tablished under section 102(F), including the out the written approval of the District Engi- neer; or ANCE AND RESULTS ACT.— original Fund plan (the ‘Plan for Investment, ‘‘(1) IN GENERAL.—In carrying out any action Management, Administration and Expenditure (3) conduct gaming (within the meaning of section 4 of the Indian Gaming Regulatory Act under this Act, the Commission shall be subject dated December 20, 1991’) and all amendments of to the Government Performance and Results Act the Fund plan under subsection (D) or (F)(1) of (25 U.S.C. 2703)) on the land. (g) NO EFFECT ON ELIGIBILITY FOR CERTAIN of 1993 (Public Law 103–62; 107 Stat. 285). section 102; PROJECTS.—Notwithstanding the conveyance ‘‘(2) PLANS.—In addition to any plan required ‘‘(D) the term ‘income’ means the total net re- under subsection (a), the land shall continue to under the Government Performance and Results turn from the investment of the Fund, con- be eligible for environmental management plan- Act of 1993 (Public Law 103–62; 107 Stat. 285), sisting of all interest, dividends, realized and ning and other recreational or natural resource the Commission shall submit a plan to provide unrealized gains and losses, and other earnings, development projects on the same basis as before technical assistance to tribal gaming operations less all related fees and expenses incurred for in- the conveyance. in accordance with that Act.’’. vestment management, investment consulting, (h) EFFECT OF SECTION.—Nothing in this sec- (b) COMMISSION FUNDING.—Section 18(a)(2) of custodianship and transactional services or mat- tion diminishes or otherwise affects the rights the Indian Gaming Regulatory Act (25 U.S.C. ters; granted to the United States pursuant to letters 2717(a)(2)) is amended by striking subparagraph ‘‘(E) the term ‘principal’ means the total of July 23, 1937, and November 20, 1937, from the (B) and inserting the following: amount appropriated to the Fallon Paiute Sho- Secretary of the Interior to the Secretary of War ‘‘(B) The total amount of all fees imposed dur- shone Tribal Settlement Fund under section and the letters of the Secretary of War in re- ing any fiscal year under the schedule estab- 102(B);’’. sponse to the Secretary of the Interior dated Au- lished under paragraph (1) shall not exceed TITLE II—INDIAN LAND LEASING gust 18, 1937, and November 27, 1937, under 0.080 percent of the gross gaming revenues of all SEC. 201. PRAIRIE ISLAND LAND CONVEYANCE. which the Secretary of the Interior granted cer- gaming operations subject to regulation under (a) IN GENERAL.—The Secretary of the Army tain rights to the Corps of Engineers to overflow this Act.’’. shall convey all right, title, and interest of the the portions of Tracts A, B, and C that lie with- TITLE IV—INDIAN FINANCING United States in and to the land described in in the Mississippi River 9-Foot Channel Project SEC. 401. INDIAN FINANCING ACT AMENDMENTS. subsection (b), including all improvements, cul- boundary and as more particularly shown and (a) IN GENERAL.—Section 201 of the Indian Fi- tural resources, and sites on the land, subject to depicted on the map entitled ‘‘United States nancing Act of 1974 (25 U.S.C. 1481) is amend- the flowage and sloughing easement described Army Corps of Engineers survey map of the ed— in subsection (d) and to the conditions stated in Upper Mississippi River 9-Foot Project, Lock & (1) by striking ‘‘SEC. 201. In order’’ and insert- subsection (f), to the Secretary of the Interior, to Dam No. 3 (Red Wing), Land & Flowage ing the following: be— Rights’’ and dated December 1936. ‘‘SEC. 201. LOAN GUARANTIES AND INSURANCE. (1) held in trust by the United States for the SEC. 202. AUTHORIZATION OF 99-YEAR LEASES. ‘‘(a) IN GENERAL.—In order’’; benefit of the Prairie Island Indian Community (a) IN GENERAL.—Subsection (a) of the first (2) by striking ‘‘the Secretary is authorized (a) in Minnesota; and section of the Act of August 9, 1955 (25 U.S.C. to guarantee’’ and inserting ‘‘the Secretary (2) included in the Prairie Island Indian Com- 415(a)), is amended in the second sentence— may— munity Reservation in Goodhue County, Min- (1) by striking ‘‘Moapa Indian reservation’’ ‘‘(1) guarantee’’; nesota. and inserting ‘‘Moapa Indian Reservation’’; (3) by striking ‘‘members; and (b) in lieu of (b) LAND DESCRIPTION.—The land to be con- (2) by inserting ‘‘the Confederated Tribes of such guaranty, to insure’’ and inserting ‘‘mem- veyed under subsection (a) is the approximately the Umatilla Indian Reservation,’’ before ‘‘the bers; or 1290 acres of land associated with the Lock and Burns Paiute Reservation’’; ‘‘(2) insure’’; and Dam #3 on the Mississippi River in Goodhue (3) by inserting ‘‘the’’ before ‘‘Yavapai-Pres- (4) by adding at the end the following: County, Minnesota, located in tracts identified cott’’; ‘‘(b) ELIGIBLE BORROWERS.—The Secretary as GO–251, GO–252, GO–271, GO–277, GO–278, (4) by inserting ‘‘the Muckleshoot Indian Res- may guarantee or insure loans under subsection GO–284, GO–301 through GO–313, GO–314A, GO– ervation and land held in trust for the (a) to both for-profit and nonprofit borrowers.’’. 314B, GO–329, GO–330A, GO–330B, GO–331A, Muckleshoot Indian Tribe,’’ after ‘‘the Cabazon (b) SALE OR ASSIGNMENT OF LOANS AND UN- GO–331B, GO–331C, GO–332, GO–333, GO–334, Indian Reservation,’’; DERLYING SECURITY.—Section 205 of the Indian

VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4634 Sfmt 6333 E:\CR\FM\A02MY7.011 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1935 Financing Act of 1974 (25 U.S.C. 1485) is amend- or otherwise affect the application of a Federal The Chair recognizes the gentleman ed— law specified or described in paragraph (1) or from New Mexico (Mr. PEARCE). (1) by striking ‘‘SEC. 205.’’ and all that follows (2), nothing in paragraph (2) limits the applica- GENERAL LEAVE through subsection (b) and inserting the fol- tion of this Act to trust or restricted land, inter- Mr. PEARCE. Mr. Speaker, I ask lowing: ests in such land, or any other trust or re- unanimous consent that all Members ‘‘SEC. 205. SALE OR ASSIGNMENT OF LOANS AND stricted interests or assets.’’. UNDERLYING SECURITY. (b) TRANSFER AND EXCHANGE; LAND FOR may have 5 legislative days in which to ‘‘(a) IN GENERAL.—All or any portion of a WHICH PATENTS HAVE BEEN EXECUTED AND DE- revise and extend their remarks and in- loan guaranteed or insured under this title, in- LIVERED.— sert extraneous material in the CON- cluding the security given for the loan— (1) TRANSFER AND EXCHANGE OF LAND.—Sec- GRESSIONAL RECORD on the bill under ‘‘(1) may be transferred by the lender by sale tion 4 of the Act of June 18, 1934 (25 U.S.C. 464), consideration. or assignment to any person; and is amended to read as follows: The SPEAKER pro tempore. Is there ‘‘(2) may be retransferred by the transferee. ‘‘SEC. 4. TRANSFER AND EXCHANGE OF RE- objection to the request of the gen- ‘‘(b) TRANSFERS OF LOANS.—With respect to a STRICTED INDIAN LANDS AND transfer described in subsection (a)— SHARES OF INDIAN TRIBES AND tleman from New Mexico? ‘‘(1) the transfer shall be consistent with such CORPORATIONS. There was no objection. regulations as the Secretary shall promulgate ‘‘Except as provided in this Act, no sale, de- Mr. PEARCE. Mr. Speaker, I yield under subsection (h); and vise, gift, exchange, or other transfer of re- myself such time as I may consume. ‘‘(2) the transferee shall give notice of the stricted Indian lands or of shares in the assets Mr. Speaker, H.R. 3351 addresses a transfer to the Secretary.’’; of any Indian tribe or corporation organized number of minor, non-controversial (2) by striking subsection (c); under this Act shall be made or approved: Pro- tribal issues in one legislative package. (3) by redesignating subsections (d), (e), (f), vided, That such lands or interests may, with H.R. 3351 contains 10 provisions to as- (g), (h), and (i) as subsections (c), (d), (e), (f), the approval of the Secretary of the Interior, be sist tribes with matters that are rel- (g), and (h), respectively; sold, devised, or otherwise transferred to the In- atively small in nature but very impor- (4) in subsection (c) (as redesignated by para- dian tribe in which the lands or shares are lo- graph (3)), by striking paragraph (2) and insert- cated or from which the shares were derived, or tant to Native Americans across our ing the following: to a successor corporation; Provided further, country. ‘‘(2) VALIDITY.—Except as provided in regula- That, subject to section 8(b) of the American In- Specifically, this legislation will tions in effect on the date on which a loan is dian Probate Reform Act of 2004 (Public Law make technical corrections to laws re- made, the validity of a guarantee or insurance 108–374; 25 U.S.C. 2201 note), lands and shares lating to Native Americans and Alaska of a loan under this title shall be incontest- described in the preceding proviso shall descend Natives by reauthorizing certain Na- able.’’; or be devised to any member of an Indian tribe tive American programs, clarifying (5) in subsection (e) (as redesignated by para- or corporation described in that proviso or to an statutes relating to particular Indian graph (3))— heir or lineal descendant of such a member in (A) by striking ‘‘The Secretary’’ and inserting tribes and approving 99-year land accordance with the Indian Land Consolidation leases for certain tribal lands. the following: Act (25 U.S.C. 2201 et seq.), including a tribal ‘‘(1) IN GENERAL.—The Secretary’’; and probate code approved, or regulations promul- The Senate amendment adds four (B) by adding at the end the following: gated under, that Act: Provided further, That provisions to the previous House- ‘‘(2) COMPENSATION OF FISCAL TRANSFER the Secretary of the Interior may authorize any passed bill. The substitute adjusts the AGENT.—A fiscal transfer agent designated voluntary exchanges of lands of equal value interest formula for the Fallon Paiute under subsection (f) may be compensated and the voluntary exchange of shares of equal Shoshone tribal water settlement trust through any of the fees assessed under this sec- value whenever such exchange, in the judgment fund, increases the funding formula for tion and any interest earned on any funds or of the Secretary, is expedient and beneficial for the National Indian Gaming Commis- fees collected by the fiscal transfer agent while or compatible with the proper consolidation of the funds or fees are in the control of the fiscal sion, certifies rental proceeds for In- Indian lands and for the benefit of cooperative dian-leased land and makes technical transfer agent and before the time at which the organizations.’’. fiscal transfer agent is contractually required to (2) LAND FOR WHICH PATENTS HAVE BEEN EXE- corrections to clarify provisions and transfer such funds to the Secretary or to trans- CUTED AND DELIVERED.—Section 5 of the Act of amendments in the American Indian ferees or other holders.’’; and February 8, 1887 (25 U.S.C. 348) is amended in Probate Reform Act of 2004. (6) in subsection (f) (as redesignated by para- the second proviso by striking ‘‘That’’ and in- Each year, Congress passes a bill like graph (3))— serting ‘‘That, subject to section 8(b) of the this relating to technical corrections, (A) by striking ‘‘subsection (i)’’ and inserting American Indian Probate Reform Act of 2004 and thankfully we have been able to ‘‘subsection (h)’’; and (Public Law 108–374; 118 Stat. 1810),’’. (B) in paragraph (2)(B), by striking ‘‘, and utilize the consultation of many tribal (3) EFFECTIVE DATES.—Section 8 of the Amer- leaders in examining this legislation. issuance of acknowledgments,’’. ican Indian Probate Reform Act of 2004 (25 OANS INELIGIBLE FOR GUARANTY OR IN- I would like to thank Senator (c) L U.S.C. 2201 note; 118 Stat. 1809) is amended by SURANCE.—Section 206 of the Indian Financing striking subsection (b) and inserting the fol- MCCAIN, chairman of the Senate Indian Act of 1974 (25 U.S.C. 1486) is amended by in- lowing: Affairs Committee, for working with serting ‘‘(not including an eligible Community ‘‘(b) EFFECTIVE DATES.— our committee to craft a bipartisan Development Finance Institution)’’ after ‘‘Gov- ‘‘(1) IN GENERAL.—Except as provided in para- and effective piece of legislation that ernment’’. graph (2), the amendments made by this Act will make a world of difference to the (d) AGGREGATE LOANS OR SURETY BONDS LIM- apply on and after the date that is 1 year after Native American community. I ask ITATION.—Section 217(b) of the Indian Financ- the date on which the Secretary makes the cer- ing Act of 1974 (25 U.S.C. 1497(b)) is amended by support for the measure. tification required under subsection (a)(4). Mr. Speaker, I reserve the balance of striking ‘‘$500,000,000’’ and inserting ‘‘(2) EXCEPTIONS.—The following provisions of ‘‘$1,500,000,000’’. law apply as of the date of enactment of this my time. TITLE V—NATIVE AMERICAN PROBATE Act: Mr. UDALL of New Mexico. Mr. REFORM TECHNICAL AMENDMENT ‘‘(A) Subsections (e) and (f) of section 207 of Speaker, I yield myself such time as I SEC. 501. CLARIFICATION OF PROVISIONS AND the Indian Land Consolidation Act (25 U.S.C. may consume. AMENDMENTS RELATING TO INHER- 2206) (as amended by this Act). (Mr. UDALL of New Mexico asked ITANCE OF INDIAN LANDS. ‘‘(B) Subsection (g) of section 207 of the In- and was given permission to revise and (a) CLARIFICATIONS RELATING TO APPLICABLE dian Land Consolidation Act (25 U.S.C. 2206) extend his remarks.) LAWS.— (as in effect on March 1, 2006). Mr. UDALL of New Mexico. Mr. (1) IN GENERAL.—Section 207(g)(2) of the In- ‘‘(C) The amendments made by section 4, sec- Speaker, as the majority has stated, dian Land Consolidation Act (25 U.S.C. tion 5, paragraphs (1), (3), (4), (5), (6), (7), (8), 2206(g)(2)) is amended— (9), (10), and (11) of section 6(a), section 6(b)(3), this noncontroversial bill makes tech- (A) in the matter preceding subparagraph (A), and section 7 of this Act.’’. nical amendments to a variety of laws by striking ‘‘described in paragraph (1)’’ and in- (c) EFFECTIVE DATE OF AMENDMENTS.—The relating to Native Americans and Alas- serting ‘‘specified in paragraph (1)’’; and amendments made by subsection (b) shall take ka Natives. The House passed H.R. 3351 (B) in subparagraph (B), by striking ‘‘identi- effect as if included in the enactment of the last year on the suspension calendar, fied in Federal law’’ and inserting ‘‘identified in American Indian Probate Reform Act of 2004 and the legislation now before us re- such law’’. (Public Law 108–374; 118 Stat. 1773). flects changes made by the Senate. I (2) LIMITATION ON EFFECT OF PARAGRAPH.— The SPEAKER pro tempore. Pursu- Section 207(g) of the Indian Land Consolidation urge all of our colleagues to support Act (25 U.S.C. 2206(g)) is amended by striking ant to the rule, the gentleman from passage of H.R. 3351. paragraph (3) and inserting the following: New Mexico (Mr. PEARCE) and the gen- Mr. Speaker, having no further re- ‘‘(3) LIMITATION ON EFFECT OF PARAGRAPH.— tleman from New Mexico (Mr. UDALL) quests for time, I yield back the bal- Except to the extent that this Act would amend each will control 20 minutes. ance of my time.

VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MY7.011 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1936 CONGRESSIONAL RECORD — HOUSE May 2, 2006 Mr. PEARCE. Mr. Speaker, I have no (A) consider existing research on methods (i) airborne application of herbicides; additional speakers, and I yield back to control salt cedar and Russian olive trees; (ii) mechanical removal; and the balance of my time and urge Mem- (B) consider the feasibility of reducing (iii) biocontrol methods, such as the use of water consumption by salt cedar and Rus- goats or insects; bers to support the resolution. sian olive trees; (C) individually or in conjunction with The SPEAKER pro tempore. The (C) consider methods of and challenges as- other demonstration projects, assess the ef- question is on the motion offered by sociated with the revegetation or restoration fects of and obstacles to combining multiple the gentleman from New Mexico (Mr. of infested land; and control methods and determine optimal com- PEARCE) that the House suspend the (D) estimate the costs of destruction of binations of control methods; rules and concur in the Senate amend- salt cedar and Russian olive trees, related (D) assess soil conditions resulting from ment to the bill, H.R. 3351. biomass removal, and revegetation or res- salt cedar and Russian olive tree infestation The question was taken; and (two- toration and maintenance of the infested and means to revitalize soils; land. (E) define and implement appropriate final thirds having voted in favor thereof) (3) REPORT.— vegetative states and optimal revegetation the rules were suspended and the Sen- (A) IN GENERAL.—The Secretary shall sub- methods, with preference for self-maintain- ate amendment was concurred in. mit to the Committee on Energy and Nat- ing vegetative states and native vegetation, A motion to reconsider was laid on ural Resources and the Committee on Agri- and taking into consideration downstream the table. culture, Nutrition, and Forestry of the Sen- impacts, wildfire potential, and water sav- ate and the Committee on Resources and the ings; f Committee on Agriculture of the House of (F) identify methods for preventing the re- SALT CEDAR AND RUSSIAN OLIVE Representatives a report that includes the growth and reintroduction of salt cedar and CONTROL DEMONSTRATION ACT results of the assessment conducted under Russian olive trees; paragraph (1). (G) monitor and document any water sav- Mr. PEARCE. Mr. Speaker, I move to (B) CONTENTS.—The report submitted ings from the control of salt cedar and Rus- suspend the rules and pass the bill under subparagraph (A) shall identify— sian olive trees, including impacts to both (H.R. 2720) to further the purposes of (i) long-term management and funding groundwater and surface water; the Reclamation Projects Authoriza- strategies identified under subsection (d) (H) assess wildfire activity and manage- tion and Adjustment Act of 1992 by di- that could be implemented by Federal, ment strategies; recting the Secretary of the Interior, State, tribal, and private land managers and (I) assess changes in wildlife habitat; acting through the Commissioner of owners to address the infestation by salt (J) determine conditions under which re- cedar and Russian olive; moval of biomass is appropriate (including Reclamation, to carry out an assess- (ii) any deficiencies in the assessment or optimal methods for the disposal or use of ment and demonstration program to areas for additional study; and biomass); and control salt cedar and Russian olive, (iii) any field demonstrations that would (K) assess economic and other impacts as- and for other purposes. be useful in the effort to control salt cedar sociated with control methods and the res- The Clerk read as follows: and Russian olive. toration and maintenance of land. H.R. 2720 (d) LONG-TERM MANAGEMENT STRATEGIES.— (f) DISPOSITION OF BIOMASS.— (1) IN GENERAL.—The Secretary shall iden- (1) IN GENERAL.—Not later than 1 year after Be it enacted by the Senate and House of Rep- tify and document long-term management the date on which funds are made available resentatives of the United States of America in and funding strategies that— to carry out this Act, the Secretary, in co- Congress assembled, (A) could be implemented by Federal, operation with the Secretary of Agriculture, SECTION 1. SHORT TITLE. State, tribal, and private land managers in shall complete an analysis of economic This Act may be cited as the ‘‘Salt Cedar addressing infestation by salt cedar and Rus- means to use or dispose of biomass created and Russian Olive Control Demonstration sian olive trees; and as a result of removal of salt cedar and Rus- Act’’. (B) should be tested as components of dem- sian olive trees. SEC. 2. SALT CEDAR AND RUSSIAN OLIVE CON- onstration projects under subsection (e). (2) REQUIREMENTS.—The analysis shall— TROL DEMONSTRATION PROGRAM. (2) GRANTS.— (A) determine conditions under which re- (a) ESTABLISHMENT.—The Secretary of the (A) IN GENERAL.—The Secretary may pro- moval of biomass is economically viable; Interior (referred to in this Act as the ‘‘Sec- vide grants to eligible entities to provide (B) consider and build upon existing re- retary’’), acting through the Commissioner technical experience, support, and rec- search by the Department of Agriculture and of Reclamation and the Director of the ommendations relating to the identification other agencies on beneficial uses of salt United States Geological Survey and in co- and documentation of long-term manage- cedar and Russian olive tree fiber; and operation with the Secretary of Agriculture ment and funding strategies under paragraph (C) consider economic development oppor- and the Secretary of Defense, shall carry out (1). tunities, including manufacture of wood a salt cedar (Tamarix spp) and Russian olive (B) ELIGIBLE ENTITIES.—Institutions of products using biomass resulting from dem- (Elaeagnus angustifolia) assessment and higher education and nonprofit organizations onstration projects under subsection (e) as a demonstration program— with an established background and exper- means of defraying costs of control. (1) to assess the extent of the infestation tise in the public policy issues associated (g) COSTS.— by salt cedar and Russian olive trees in the with the control of salt cedar and Russian (1) IN GENERAL.—With respect to projects western United States; olive trees shall be eligible for a grant under and activities carried out under this Act— (2) to demonstrate strategic solutions for— subparagraph (A). (A) the assessment under subsection (c) (A) the long-term management of salt (C) MINIMUM AMOUNT.—The amount of a shall be carried out at a cost of not more cedar and Russian olive trees; and grant provided under subparagraph (A) shall than $4,000,000; (B) the reestablishment of native vegeta- be not less than $250,000. (B) the identification and documentation tion; and (e) DEMONSTRATION PROJECTS.— of long-term management strategies under (3) to assess economic means to dispose of (1) IN GENERAL.—Not later than 180 days subsection (d)(1) and the provision of grants biomass created as a result of removal of salt after the date on which funds are made avail- under subsection (d)(2) shall be carried out at cedar and Russian olive trees. able to carry out this Act, the Secretary a cost of not more than $2,000,000; (b) MEMORANDUM OF UNDERSTANDING.—As shall establish a program that selects and (C) each demonstration project under sub- soon as practicable after the date of enact- funds not less than 5 projects proposed by section (e) shall be carried out at a Federal ment of this Act, the Secretary and the Sec- and implemented in collaboration with Fed- cost of not more than $7,000,000 (including retary of Agriculture shall enter into a eral agencies, units of State and local gov- costs of planning, design, implementation, memorandum of understanding providing for ernment, national laboratories, Indian maintenance, and monitoring); and the administration of the program estab- tribes, institutions of higher education, indi- (D) the analysis under subsection (f) shall lished under subsection (a). viduals, organizations, or soil and water con- be carried out at a cost of not more than (c) ASSESSMENT.— servation districts to demonstrate and evalu- $3,000,000. (1) IN GENERAL.—Not later than 1 year after ate the most effective methods of controlling (2) COST-SHARING.— the date on which funds are made available salt cedar and Russian olive trees. (A) IN GENERAL.—The assessment under to carry out this Act, the Secretary shall (2) PROJECT REQUIREMENTS.—The dem- subsection (c), the identification and docu- complete an assessment of the extent of salt onstration projects under paragraph (1) mentation of long-term management strate- cedar and Russian olive infestation on public shall— gies under subsection (d), a demonstration and private land in the western United (A) be carried out over a time period and to project or portion of a demonstration project States. a scale designed to fully assess long-term under subsection (e) that is carried out on (2) REQUIREMENTS.—In addition to describ- management strategies; Federal land, and the analysis under sub- ing the acreage of and severity of infestation (B) implement salt cedar or Russian olive section (f) shall be carried out at full Federal by salt cedar and Russian olive trees in the tree control using 1 or more methods for expense. western United States, the assessment each project in order to assess the full range (B) DEMONSTRATION PROJECTS CARRIED OUT shall— of control methods, including— ON NON-FEDERAL LAND.—

VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.025 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1937 (i) IN GENERAL.—The Federal share of the distributed along riparian areas in the Mr. SALAZAR. Mr. Speaker, I would costs of any demonstration project funded Western United States, particularly like to thank both gentlemen from under subsection (e) that is not carried out along the Colorado, Rio Grande, Pecos New Mexico. on Federal land shall not exceed 75 percent. and Gila Rivers. They are known both I rise today in support of the Salt (ii) FORM OF NON-FEDERAL SHARE.—The non-Federal share of the costs of a dem- for their phenomenal reproductive out- Cedar and Russian Olive Control Dem- onstration project that is not carried out on put and their ability to deplete scarce onstration Act and urge swift passage Federal land may be provided in the form of water resources. According to experts, of the measure. I would like to recog- in-kind contributions, including services one salt cedar tree can absorb 300 gal- nize Representative PEARCE and other provided by a State agency or any other pub- lons a day. In fact, studies have shown cosponsors of the bill for their leader- lic or private partner. that salt cedar dries up 800 billion gal- ship in this desperately needed legisla- (h) COOPERATION.—In carrying out the as- lons more water per year than the na- tion. sessment under subsection (c), the dem- onstration projects under subsection (e), and tive cottonwood tree that it is replac- Mr. Speaker, the Southwestern the analysis under subsection (f), the Sec- ing. Given these facts, most can agree United States is experiencing another retary shall cooperate with and use the ex- that controlling salt cedar and Russian severe drought and water is going to be pertise of Federal agencies and the other en- olive is important for water salvage, ri- in short supply again, as it has been in tities specified in subsection (e)(1) that are parian restoration, salinity control, the last few years. This legislation will actively conducting research on or imple- wildfire control and habitat restora- help to address our western water menting salt cedar and Russian olive tree tion. needs. control activities. The salt cedar, or tamarisk plant, (i) INDEPENDENT REVIEW.—The Secretary H.R. 2720 will begin to address these shall subject to independent review— problems by providing sound science consumes large quantities of water, up- (1) the assessment under subsection (c); and in turn developing and expanding wards of 200 gallons per day per plant. (2) the identification and documentation of on innovative approaches to control This is a non-native species that needs long-term management strategies under sub- these harmful weeds. I urge adoption of to be removed from our Nation’s rivers section (d); the bill. and stream beds. It is estimated that (3) the demonstration projects under sub- Mr. Speaker, I reserve the balance of these invasive plants occupy up to 1.6 section (e); and my time. million acres. (4) the analysis under subsection (f). (j) REPORTING.— Mr. UDALL of New Mexico. Mr. According to the Tamarisk Coalition (1) IN GENERAL.—The Secretary shall sub- Speaker, I yield myself such time as I of the Western United States, we are mit to Congress an annual report that de- may control. probably losing between 2 to 4.5 million scribes the results of carrying out this Act, (Mr. UDALL of New Mexico asked acre feet of water per year. This would including a synopsis of any independent re- and was given permission to revise and be enough water for 20 million people, view under subsection (i) and details of the extend his remarks.) or 1 million acres of irrigated farm- manner and purposes for which funds are ex- Mr. UDALL of New Mexico. Mr. land. pended. Speaker, at the outset, let me con- The tamarisk is a very difficult plant (2) PUBLIC ACCESS.—The Secretary shall fa- cilitate public access to all information that gratulate my fellow New Mexican, Rep- to control, and there are already ef- results from carrying out this Act. resentative STEVE PEARCE, for his lead- forts under way in Colorado and other (k) AUTHORIZATION OF APPROPRIATIONS.— ership on this issue. I am also proud to Western States to control it. This leg- (1) IN GENERAL.—There are authorized to be be a cosponsor of his legislation. islation will help these folks by pro- appropriated to carry out this Act— H.R. 2720 creates a research program viding the necessary funding to look at (A) $20,000,000 for fiscal year 2006; and to control two invasive shrubs: the salt better ways to control this species. By (B) $15,000,000 for each of fiscal years 2007 cedar and the Russian olive. Introduced passing this bill, it will help Western through 2010. in the 19th century, both the salt cedar States deal with drought concerns and (2) ADMINISTRATIVE COSTS.—Not more 15 percent of amounts made available under and the Russian olive flourish in a va- continued growth. It benefits all water paragraph (1) shall be used to pay the admin- riety of soil types and tolerate shade users in the West. istrative costs of carrying out the program well. Unfortunately, these invasive Just recently, the seven basin States established under subsection (a). plants have invaded many streams of the Colorado River reached an agree- (l) TERMINATION OF AUTHORITY.—This Act across the West, forcing out native cot- ment on how to manage the River. One and the authority provided by this Act ter- tonwoods. Because the salt cedar and section that the parties agreed upon minate on the date that is 5 years after the date of the enactment of this Act. Russian olive utilize more water than was control of this invasive species. native plants, their presence along This bill will help these States meet The SPEAKER pro tempore. Pursu- streams is disrupting to water flow and their objectives. ant to the rule, the gentleman from water availability. H.R. 2720 will create Mr. Speaker, this legislation is vital New Mexico (Mr. PEARCE) and the gen- both research and pilot programs to to the West, and I urge my colleagues tleman from New Mexico (Mr. UDALL) study effective control and long-term to support passage of this bill. each will control 20 minutes. The Chair recognizes the gentleman management of these shrubs. I am Mr. REYES. Mr. Speaker, I rise today in strong support of H.R. 2720, the Salt Cedar from New Mexico (Mr. PEARCE). pleased to be a cosponsor of H.R. 2720. I would also like to recognize my col- and Russian Olive Control Demonstration Act. GENERAL LEAVE Riparian lands in the western U.S. have Mr. PEARCE. Mr. Speaker, I ask leagues Representative MARK UDALL, been severely affected by many activities and unanimous consent that all Members Representative JOHN SALAZAR and Rep- actions, including the salt cedar plant. In my may have 5 legislative days to revise resentative STEPHANIE HERSETH, who district and throughout much of the Rio and extend their remarks and include are all cosponsors of this important Grande River Basin we are plagued with this extraneous material on the bill under legislation. consideration. Mr. Speaker, we support H.R. 2720. invasive species. The SPEAKER pro tempore. Is there Mr. Speaker, I reserve the balance of This deciduous shrub or small tree from objection to the request of the gen- my time. Eurasia has displaced native vegetation on tleman from New Mexico? Mr. PEARCE. I thank the gentleman approximately 1.6 million acres of land in the There was no objection. for his support for the bill and his hard West and will continue to spread. Although Mr. PEARCE. Mr. Speaker, I yield work on the bill, and I reserve the bal- salt cedar is the ‘‘poster child’’ of non-native myself such time as may consume. ance of my time. plants impacting western rivers, other non-na- Mr. Speaker, H.R. 2720 would further Mr. UDALL of New Mexico. Mr. tives, such as Russian olive, cohabit with salt the purposes of the Reclamation Speaker, I yield 3 minutes to a hard- cedar and are important to control in order to Projects Authorization and Adjust- working member of the Agriculture restore riparian health. ment Act of 1992 by directing the Sec- Committee who has been a leader on Salt cedar thickets harm the surrounding en- retary of the Interior to carry out as- invasive species issues, the gentleman vironment by narrowing and channelizing sessment and demonstration programs from Colorado (Mr. SALAZAR). streams and rivers; displacing native vegeta- to control salt cedar and Russian olive. (Mr. SALAZAR asked and was given tion such as cottonwoods, willows, and adja- Salt cedar and Russian olive are permission to revise and extend his re- cent dryland plant communities; providing poor small, deciduous harmful trees widely marks.) habitat for livestock, wild animals, and birds;

VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\A02MY7.012 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1938 CONGRESSIONAL RECORD — HOUSE May 2, 2006 increasing wildfire hazards; and limiting human SECTION 1. SHORT TITLE. Mr. UDALL of New Mexico. Mr. use of the waterways. This Act may be cited as the ‘‘Dana Point De- Speaker, we support passage of H.R. While each of these points is important to salination Project Authorization Act’’. 3929. We need to do more, not less, to one or more constituencies, the single most SEC. 2. AUTHORIZATION FOR DANA POINT DE- help communities that are working to critical problem is that salt cedar steals water. SALINATION PROJECT. apply new technologies to their water The Water Desalination Act of 1996 (42 U.S.C. The West may be losing 2 million to 4.5 mil- 10301 note; Public Law 104–298) is amended by supply problems. This bill provides lion acre-feet of water per year due to the adding at the end the following new section: limited financial assistance for engi- presence of salt cedar, which is beyond what ‘‘SEC. 10. DANA POINT DESALINATION RESEARCH neering and environmental studies. It native plants would likely use. The water AND FEASIBILITY RELATED COSTS. does not authorize funds for construc- needs of 20 million people or one million acres ‘‘(a) AUTHORITY.—The Secretary may assist in tion. of irrigated farmland could be met with that research and development, environmental and The project sponsors are exploring amount of water. feasibility studies, and preliminary engineering the feasibility of an ocean water desa- Mr. Speaker, H.R. 2720 would address this for the Municipal Water District of Orange linization plant using subsurface in- problem by requiring the Commissioner of the County, California, Dana Point Desalination take wells, which are protective of the Project located at Dana Point, California. Bureau of Reclamation and the Director of the marine environment. If this design is ‘‘(b) FEDERAL SHARE.—Notwithstanding sec- U.S. Geological Survey, in association with the tion 7, the Federal share of the costs for the successful, it could encourage other Secretary of Agriculture and the Secretary of project assisted under subsection (a) shall not coastal communities that are consid- Defense, to create and deploy an assessment exceed 25 percent of the total costs of the ering ocean desalinization as a way to and demonstration program for salt cedar and project. stretch their limited water supplies Russian olive. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— without causing damage to marine life. This program would first assess the extent There is hereby authorized to be appropriated to It is unfortunate that the Bush ad- of the infestation of both species in the west- the Secretary $2,500,000 to carry out this section. ministration opposes this bill. Their ern U.S., develop and demonstrate strategic ‘‘(d) SUNSET.—The authority of the Secretary opposition to H.R. 3929 is short-sighted to carry out any provisions of this section shall solutions for long-term management and fund- terminate 10 years after the date of the enact- and ill advised. This administration ap- ing strategies of salt cedar and Russian olive ment of this section.’’. pears to be on a crusade against the and the reestablishment of native vegetation, The SPEAKER pro tempore. Pursu- use of innovative technologies to help and assess the economic means to dispose of ant to the rule, the gentleman from solve water supply problems. biomass created as a result of removal of salt I hope the bill will be enacted despite New Mexico (Mr. PEARCE) and the gen- cedar and Russian olive trees. their objections. tleman from New Mexico (Mr. UDALL) Mr. Speaker, H.R. 2720 is essential to deal- Mr. Speaker, I reserve the balance of each will control 20 minutes. ing with the salt cedar and Russian olive prob- my time. The Chair recognizes the gentleman lem in the West, and I ask my colleagues to Mr. PEARCE. Mr. Speaker, I yield 3 from New Mexico. join me in supporting this much-needed legis- minutes to the gentleman from Cali- lation. GENERAL LEAVE fornia (Mr. CAMPBELL). Mr. UDALL of New Mexico. Mr. Mr. PEARCE. Mr. Speaker, I ask Mr. CAMPBELL of California. Mr. Speaker, having no further speakers, I unanimous consent that all Members Speaker, I thank the gentleman from yield back the balance of my time. may have 5 legislative days to revise New Mexico for yielding me time. Mr. PEARCE. Mr. Speaker, again I and extend their remarks and include Mr. Speaker, I have some familiarity express my appreciation to Mr. UDALL extraneous material on the bill under with the project, since it is located in from New Mexico for his hard work and consideration. the district which I have the privilege support of this bill. The SPEAKER pro tempore. Is there to represent. Water is an issue. It is an Mr. Speaker, I have no additional objection to the request of the gen- issue in the West; it is an issue in Cali- speakers, and I yield back the balance tleman from New Mexico? fornia. of my time, requesting all Members to There was no objection. We will probably be dealing this support H.R. 2720. Mr. PEARCE. Mr. Speaker, I yield week and over the next few weeks and The SPEAKER pro tempore. The myself such time as I may consume. perhaps months with some of the issues question is on the motion offered by Mr. Speaker, H.R. 3929, introduced by of a shortage of various energy the gentleman from New Mexico (Mr. our distinguished colleague, KEN CAL- projects. We can avoid shortages in PEARCE) that the House suspend the VERT, authorizes Federal participation water if we work on it early, if we get rules and pass the bill, H.R. 2720. in a unique desalination research and on some of these projects now. The question was taken; and (two- development project in Southern Cali- What this project does, as both the thirds having voted in favor thereof) fornia. previous speakers indicated, is it is not the rules were suspended and the bill Water consumers in that area of the just something that is good for the dis- was passed. State depend on imported water, and trict I represent or the area I rep- A motion to reconsider was laid on local efforts are being undertaken to resent, but is in fact a test project for the table. develop nearby water supplies to re- this new type of desalinization, where f duce this dependence. you are getting the water, rather than Desalination and water recycling are b 1515 directly out of the ocean on the coast, some of the most important ways to you are actually bringing the water DANA POINT DESALINATION create new local water supplies. This out underneath the sand, and then PROJECT AUTHORIZATION ACT legislation provides limited Federal as- back to a desalinization plant, which is Mr. PEARCE. Mr. Speaker, I move to sistance to develop a unique subsurface off the coast. suspend the rules and pass the bill ocean water collection system that can That is why it does not have the neg- (H.R. 3929) to amend the Water Desali- reduce desalination’s cost and elimi- ative environmental impacts putting a nation Act of 1996 to authorize the Sec- nate impacts on the environment. plant directly on the coast right retary of the Interior to assist in re- This project will not only help against the water would be. But, also, search and development, environ- Southern California, but could also be the sand itself has the effect, we be- mental and feasibility studies, and pre- a model for future desalination oper- lieve, of filtering this water on its way liminary engineering for the Municipal ations nationwide. I urge my col- to the desalinization plant, which both Water District of Orange County, Cali- leagues to support this bill. reduces the cost, reduces the waste fornia, Dana Point Desalination Mr. Speaker, I reserve the balance of that is created in desalinization, and Project located at Dana Point, Cali- my time. possibly, we believe, makes the project fornia, as amended. Mr. UDALL of New Mexico. Mr. considerably more efficient and there- The Clerk read as follows: Speaker, I yield myself such time as I fore cheaper. H.R. 3929 may consume. So what this project, if it is success- Be it enacted by the Senate and House of Rep- (Mr. UDALL of New Mexico asked ful, will do is it will create desaliniza- resentatives of the United States of America in and was given permission to revise and tion that will be both less impactful on Congress assembled, extend his remarks.) the environment, result in a higher

VerDate Aug 31 2005 01:42 May 03, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MY7.026 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1939 yield of usable water, and be cheaper through conservation, activism, research and ticipating communities in the Central Texas along the way. So something that is education. Water Recycling and Reuse Project is author- good for all sides. In general, Surfrider Foundation believes ized to participate in the design, planning, and that future demands for water supplies The Federal involvement here would construction of permanent facilities to reclaim should first be met by fully utilizing water and reuse water in McLennan County, Texas. only be 25 percent of the entire project, conservation, wastewater reclamation, and ‘‘(b) COST SHARE.—The Federal share of the as 75 percent of the cost is being car- stormwater management that will capture costs of the project described in subsection (a) ried by local public agencies. So I ap- runoff for beneficial uses. We feel very shall not exceed 25 percent of the total cost. preciate the support on both sides of strongly that these supply alternatives com- ‘‘(c) LIMITATION.—The Secretary shall not the aisle for this project and would bine the benefit of meeting our future water provide funds for the operation and mainte- urge its passage. needs while simultaneously reducing pol- nance of the project described in subsection (a). luted runoff and ocean discharges. Ocean de- Mr. CALVERT. Mr. Speaker, I rise today in ‘‘(d) SUNSET OF AUTHORITY.—The authority of salination should be the lowest priority for the Secretary to carry out any provisions of this support of H.R. 3929, the Dana Point Desali- water supply choices and only employed section shall terminate 10 years after the date of nation Project Authorization Act. My legislation using the most environmentally protective enactment of this section.’’. will authorize Federal participation in a rel- methods and technology. (b) CLERICAL AMENDMENT.—The table of sec- atively small ocean desalination project that We are pleased to see this approach to tions in section 2 of Public Law 102–575 is could have an enormous impact on the future water supply alternatives reflected in amended by inserting after the item relating to development of desalination projects. MWDOC’s 2005 Urban Water Management section 16ll the following: Plan. Furthermore, we are very supportive of As our country continues to look for new ‘‘Sec. 16ll. Central Texas Water Recycling the measured approach MWDOC is taking to- and Reuse Project.’’. sources of water, particularly in the West, the ward filling a limited role for ocean desalina- expansion of our desalinated ocean water ca- tion in their water supply portfolio. Sub-sur- The SPEAKER pro tempore. Pursu- pability is essential. While extensively utilized face ‘‘feedwater’’ intakes for desalination ant to the rule, the gentleman from in other parts of the world, most notably in the will avoid the unnecessary destruction of New Mexico (Mr. PEARCE) and the gen- Middle East, the U.S. has only recently begun marine life, and disruption of healthy marine tleman from New Mexico (Mr. UDALL) to consider large-scale ocean water desalina- ecosystems, that accompanies open ocean in- each will control 20 minutes. takes. The Chair recognizes the gentleman tion projects. There are a number of factors We look forward to the results of the sub- that have limited the viability of desalination surface beach well feasibility study MWDOC from New Mexico. projects. The major issues confronting ocean is proposing in Dana Point. GENERAL LEAVE desalination are the cost of producing potable Sincerely, Mr. PEARCE. Mr. Speaker, I ask water and the potential negative impacts on JOE GEEVER, unanimous consent that all Members ocean ecosystems. Southern California Regional Manager. may have 5 legislative days to revise The Dana Point Desalination Project is not Mr. UDALL of New Mexico. Mr. and extend their remarks and include a typical ocean desalination project. The Speaker, having no further speakers, I extraneous material on the bill under project will use a unique subsurface ocean in- yield back the balance of my time. consideration. take system that will collect water that natu- Mr. PEARCE. Mr. Speaker, I have no The SPEAKER pro tempore. Is there rally seeps through the ocean floor. The sys- additional speakers and yield back the objection to the request of the gen- tem provides a number of benefits over tradi- balance of my time and urge passage of tleman from New Mexico? tional intake systems, including removing the H.R. 3929. There was no objection. negative impacts on marine life as well as po- The SPEAKER pro tempore. The Mr. PEARCE. Mr. Speaker, I yield tentially reducing the need for extensive question is on the motion offered by myself such time as I may consume. pretreatment filtration. If constructed and suc- the gentleman from New Mexico (Mr. Mr. Speaker, H.R. 3418, introduced by cessful, the system would remove various PEARCE) that the House suspend the Congressman CHET EDWARDS, author- concerns expressed by environmental advo- rules and pass the bill, H.R. 3929, as izes Federal participation in a water cates as well as improve the feasibility of fu- amended. reuse project in McLennan County, ture ocean desalination projects. The question was taken; and (two- Texas. As central Texas cities experi- The Dana Point Desalination Project, to the thirds having voted in favor thereof) ence rapid population growth and in- best of my knowledge, is the only ocean de- the rules were suspended and the bill, creased water demand, these commu- salination project supported by the Surfrider as amended, was passed. nities are being proactive to better uti- A motion to reconsider was laid on Foundation. Their support is a direct result of lize their existing water supplies. the table. the unique subsurface intake technology that This legislation is part of the effort avoids negative impacts to the marine eco- f to create new water supplies. I urge my system. I would like to submit a letter form the CENTRAL TEXAS WATER colleagues to support this bipartisan Surfrider Foundation detailing their support for RECYCLING ACT OF 2006 bill. Mr. Speaker, I reserve the balance of the Dana Point project for the record. Mr. PEARCE. Mr. Speaker, I move to my time. The Dana Point Desalination Project could suspend the rules and pass the bill have significant regional and national benefits. Mr. UDALL of New Mexico. Mr. (H.R. 3418) to amend the Reclamation Speaker, I yield myself such time as I H.R. 3929 simply authorizes Federal participa- Wastewater and Groundwater Study tion in the project and limits the Federal obli- may consume. and Facilities Act to authorize the Sec- (Mr. UDALL of New Mexico asked gation to $2.5 million to assist with preliminary retary of the Interior to participate in engineering and environmental studies. No and was given permission to revise and the Central Texas Water Recycling and extend his remarks.) construction dollars are authorized in H.R. Reuse Project, and for other purposes, 3929. Mr. Speaker, we support passage of as amended. H.R. 3418. We commend Congressman I urge all of my colleagues to join me in The Clerk read as follows: CHET EDWARDS for his persistence and supporting the Dana Point Desalination Project H.R. 3418 and passing H.R. 3929. hard work to secure authorization for Be it enacted by the Senate and House of Rep- this important project. The city of SURFRIDER FOUNDATION, resentatives of the United States of America in January 10, 2006. Congress assembled, Waco is keenly aware that additional Re Support for MWDOC Beach Well Feasi- SECTION 1. SHORT TITLE. sources of water will be required to bility Study. This Act may be cited as the ‘‘Central Texas meet future water demands. TO WHOM IT MAY CONCERN: I am writing on Water Recycling Act of 2006’’. The city has decided to meet the ex- behalf of the Surfrider Foundation in sup- SEC. 2. PROJECT AUTHORIZATION. pected water supply shortfall in part port of efforts by the Municipal Water Dis- (a) IN GENERAL.—The Reclamation Waste- by implementing aggressive water con- trict of Orange County (MWDOC) to inves- water and Groundwater Study and Facilities servation and water recycling and rec- tigate the feasibility of sub-surface beach Act (Public Law 102–575; 43 U.S.C. 390h et seq.) lamation programs. The water recy- wells to supply seawater for ocean desalina- is amended by inserting after section 16ll the cling project identified in this bill will tion. following new section: be eligible for limited financial assist- The Surfrider Foundation is a non-profit ‘‘SEC. 16ll. CENTRAL TEXAS WATER RECYCLING environmental organization dedicated to the AND REUSE PROJECT. ance under the Bureau of Reclama- protection and enjoyment of the world’s ‘‘(a) AUTHORIZATION.—The Secretary, in co- tion’s title XVI water recycling pro- oceans, waves and beaches for all people, operation with the City of Waco and other par- gram.

VerDate Aug 31 2005 04:21 May 03, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.029 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1940 CONGRESSIONAL RECORD — HOUSE May 2, 2006 Water recycling and desalinization Mr. PEARCE. Mr. Speaker, I say at the 2006 Paralympic Winter Games, which projects are proven technologies that thank you to my colleagues, Mr. ED- were organized in 1948 as a venue for injured can help stretch limited water supplies WARDS and Mr. UDALL, for their work World War II veterans to compete, dem- in areas such as Texas and the West. on this bill and yield back the balance onstrating not an individual’s disability, but I want to express our full support for rather the individual’s achievements in of my time. athleticism; and this legislation. I offer my congratula- The SPEAKER pro tempore. The Whereas the United States Olympic Team tions to Congressman EDWARDS for his question is on the motion offered by ranked second among all nations in the num- leadership. the gentleman from New Mexico (Mr. ber of medals won at the 2006 Olympic Win- Mr. Speaker, I reserve the balance of PEARCE) that the House suspend the ter Games and the United States Paralympic my time. rules and pass the bill, H.R. 3418, as Team ranked seventh among all nations in Mr. PEARCE. Mr. Speaker, I reserve amended. the number of medals won at the 2006 the balance of my time. The question was taken; and (two- Paralympic Winter Games: Now, therefore, Mr. UDALL of New Mexico. Mr. thirds having voted in favor thereof) be it Speaker, I yield 3 minutes to the hard- the rules were suspended and the bill, Resolved, That the House of Representa- working Member from Texas (Mr. ED- tives— as amended, was passed. (1) commends the people and Government WARDS), who works tirelessly for his A motion to reconsider was laid on of Italy, and specifically the people of Turin district. the table. and the surrounding Alpine areas, the Torino Mr. EDWARDS. Mr. Speaker, let me f Olympic Organizing Committee, and the thank Mr. UDALL for his kind com- International Olympic Committee on the ments, and both Mr. UDALL and Mr. CONGRATULATING THE PEOPLE successful completion of the 2006 Olympic PEARCE for their excellent floor man- AND GOVERNMENT OF ITALY Winter Games; agement of all of these bills today. UPON THE SUCCESSFUL COM- (2) congratulates the United States Olym- Mr. Speaker, our communities and PLETION OF THE 2006 OLYMPIC pic Committee, the 2006 United States Olym- Nation have a responsibility to be good WINTER GAMES pic and Paralympic Teams, and all inter- stewards of our water resources. That Ms. ROS-LEHTINEN. Mr. Speaker, I national athletes for their outstanding per- is why I introduced H.R. 3418, the Cen- formances at the 2006 Olympic Winter move to suspend the rules and agree to Games; and tral Texas Water Recycling Act of 2006. the resolution (H. Res. 697) congratu- (3) expresses gratitude to the thousands of This bill will authorize Federal match- lating the people and Government of volunteers and others who made the 2006 ing funds, 25 percent Federal, 75 per- Italy, the Torino Olympic Organizing Olympic Winter Games exciting, safe, and cent local, to help build an innovative Committee, the International Olympic successful. water recycling program partnership in Committee, the United States Olympic The SPEAKER pro tempore. Pursu- my home town of Waco, Texas, and sev- Committee, the 2006 United States ant to the rule, the gentlewoman from eral neighboring communities in Olympic Team, and all international Florida (Ms. ROS-LEHTINEN) and the McClennan County. athletes upon the successful comple- gentleman from California (Mr. LAN- Instead of wasting valuable drinking tion of the 2006 Olympic Winter Games TOS) each will control 20 minutes. water for use in factories and on golf in Turin, Italy, as amended. courses, we will be able to use lower- GENERAL LEAVE The Clerk read as follows: Ms. ROS-LEHTINEN. Mr. Speaker, I cost recycled wastewater for those pur- H. RES. 697 poses and save enough drinking water ask unanimous consent that all Mem- Whereas from February 17 to February 26, bers may have 5 legislative days to re- for 20,000 family households in 2006, Turin, Italy, hosted the 2006 Olympic McClennan County. The bottom line is vise and extend their remarks and in- Winter Games; clude extraneous material on the reso- this: being good stewards of our water Whereas this is the third time Italy has supply, we will reduce water costs for hosted the Olympic Games, with the prior lution under consideration. businesses, save central Texas tax- Winter Games having been held in 1956 in The SPEAKER pro tempore. Is there payers millions of dollars, encourage Cortina d″Ampezzo and the Summer Games objection to the request of the gentle- economic growth in our area, and im- having been held in 1960 in Rome; woman from Florida? prove water quality in our central Whereas the people of Turin and the sur- There was no objection. rounding Alpine areas have opened their Ms. ROS-LEHTINEN. Mr. Speaker, I Texas rivers. hearts to the world, demonstrated their pas- Mr. Speaker, I want to thank Chair- yield myself such time as I may con- sions for sports, art, and culture, and sume. man POMBO and ranking member RA- strengthened the bonds between the city of HALL for their support of this measure, Turin and the surrounding Alpine areas; Mr. Speaker, I rise today to request and the subcommittee chairman, Mr. Whereas the city of Turin accommodated my colleagues’ support of House Reso- RADANOVICH, the ranking sub- nearly 2,600 athletes, more than 2,700 train- lution 697, a resolution congratulating committee member, Mrs. NAPOLITANO, ers and escorts, 18,000 volunteers, 9,500 mem- the people and the Government of for their key role in this bill’s passage. bers of the media, and nearly 1,000,000 spec- Italy, the United States Olympic and This is the kind of bipartisan effort tators at 7 competition sites and 3 Olympic Paralympic Teams, and other individ- villages; that shows what Congress can accom- uals and committees from around the Whereas in light of a global terror threat, world on the successful completion of plish when we work together on a bi- Italian authorities implemented extraor- partisan basis. dinary security measures and successfully the 20th Winter Olympic Games, which I also want to thank the mayor, city coordinated the efforts of 10,000 police offi- were held in Turin, Italy. council, and staff in the cities of Waco, cers and 2,500 Italian military personnel, pro- ‘‘Passion Lives Here’’ was the slogan Lorena, Robinson, Hewitt, Woodway, viding effective and efficient protection, for the Italian Winter Games. The Bellmead and Lacy-Lakeview for their while also ensuring a secure and stable envi- world watched the Games from the cooperative efforts that made this ronment for both athletes and spectators opening to the closing ceremonies and alike; witnessed the emotion of the event bill’s passage possible. Whereas through the stewardship of the Finally, I want to extend special that stems from thousands of athletes International Olympic Committee and the and trainers from every corner of the credit to the city of Waco, my home- Torino Olympic Organizing Committee, ath- town, to its city manager, Larry Groth, letes representing 80 different countries com- globe participating in a competition for his extraordinary leadership on this peted in 15 disciplines of winter sport with that knows no border or political dis- bill. Without his leadership, hard work the spirit of mutual respect and under- pute. and professionalism, we would not be standing, furthering the Olympic legacy of For North and South Korea to march here today. And as a citizen of Waco, I ‘‘peace between nations, equality, fair play, together for the first time during a am grateful for his outstanding service loyalty and respect’’; Winter Olympics opening ceremony, al- Whereas well over 200 members of the to my hometown. though these two countries are still United States Olympic Team participated in technically at war, the hope for contin- Mr. Speaker, I urge bipartisan pas- the Games and embodied the spirit of this sage of H.R. 3418. Nation with resolve and determination and ued progress toward peace among many Mr. UDALL of New Mexico. Mr. won 25 medals, including 9 gold medals; differing nations was clearly evident. Speaker, having no further speakers, I Whereas 477 athletes from 39 countries This is what the spirit of the Olym- yield back the balance of my time. competed for 9 days in March 2006 in Turin pics means for all of us for a few short

VerDate Aug 31 2005 02:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.031 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1941 weeks every 4 years. Unfortunately, These games have many memorable The Clerk read as follows: Mr. Speaker, since September 11, the moments and many new records were H. CON. RES. 392 entire world has been transformed. made, but, for me, the highlight of the Whereas on May 14, 1948, the State of Israel Now, unprecedented levels of security Torino Winter Games came when a 26- was established as a sovereign and inde- are required to protect Olympic ath- year-old American speed skater, Joey pendent nation; letes and their teams from attacks. Cheek, announced that he would do- Whereas the United States was one of the After all, the Olympic Games were nate his $40,000 in bonus money to an first nations to recognize Israel, only 11 min- once the target of horrifying attacks utes after its creation; organization called Right to Play, Whereas Israel has provided the oppor- on athletes by terrorists. This resolu- which helps children in poverty-strick- tunity for Jews from all over the world to re- tion commends our good friends and al- en, war-torn countries in Africa. Joey establish their ancient homeland; lies, the people and Government of also encouraged Olympic sponsors to Whereas Israel is home to many religious Italy, for their extraordinary efforts in do the same. sites which are sacred to Judaism, Christi- protecting the world’s athletes during Mr. Speaker, Joey did not stop there. anity, and Islam; these games. Just 2 days ago, tens of thousands of us Whereas Israel provided a refuge to Jews rallied on the National Mall to call at- who survived the horrors of the Holocaust, b 1530 which were unprecedented in human history; tention to the sickening and out- To implement such an extraordinary Whereas the people of Israel have estab- rageous genocide occurring as we speak lished a unique, pluralistic democracy which security measure while also ensuring in Darfur, Sudan. It was my great includes the freedoms cherished by the peo- the fun, passionate Olympic environ- pleasure to stand side by side with ple of the United States, including freedom ment is something not many countries Joey Cheek at this rally where we both of speech, freedom of religion, freedom of as- can do with such successful orchestra- spoke to prod the international com- sociation, freedom of the press, and govern- tion. munity not to forget the people of ment by the consent of the governed; Mr. Speaker, the United States Whereas Israel continues to serve as a Darfur and to act to stop this genocide. shining model of democratic values by regu- Olympic Committee and team should Joey Cheek’s actions on behalf of the also be congratulated for winning 25 larly holding free and fair elections, pro- people of Africa, both at the Olympics moting the free exchange of ideas, and vigor- medals during these Winter Games, and on the Mall, typify the true Olym- ously exercising in its Parliament, the nine of them gold, second only to the pic spirit. Knesset, a democratic government that is team’s record for the number of medals Mr. Speaker, I want to thank Italy fully representative of its citizens; won at the Winter Games that was set for keeping this Olympic spirit alive. Whereas Israel has bravely defended itself during the Salt Lake City games; and from terrorist and military attacks repeat- These Torino games rekindled the spir- edly since independence; the United States Paralympic team it for another 4 years. It is important ranks seventh among all nations in the Whereas the Government of Israel has suc- that, just as we have seen in these cessfully worked with the neighboring Gov- number of medals won during the Italian games, the Olympics best dem- ernments of Egypt and Jordan to establish Paralympic Winter Games. onstrate the spirit of competition and peaceful, bilateral relations; I would like to extend heartfelt con- the spirit of selflessness that Joey Whereas despite the deaths of over 1,000 in- gratulations to each of our medal win- Cheek and other athletes have typified. nocent Israelis at the hands of murderous, ners who shall forever make the United This was the third time Italy has suicide bombers and other terrorists during the past five years, the people of Israel con- States proud. hosted the Olympic games, and judging Mr. Speaker, I reserve the balance of tinue to seek peace with their Palestinian by the welcoming attitude and success neighbors; my time. of the Torino games, we look forward Whereas visionary Israeli leaders like Mr. LANTOS. Mr. Speaker, I yield to future Olympic events in Italy. Yitzhak Rabin and Ariel Sharon were at the myself such time as I may consume. Mr. Speaker, I strongly support this forefront of creating conditions for peace in I rise in strong support of this resolu- resolution. the Middle East; tion and urge all of my colleagues to do Mr. Speaker, I yield back the balance Whereas the United States and Israel enjoy a strategic partnership based on shared so as well. of our time. I would first like to thank my good democratic values, friendship, and respect; Ms. ROS-LEHTINEN. Mr. Speaker, I Whereas the people of the United States friend and colleague, Chairman HENRY also have no further requests for time, share an affinity with the people of Israel HYDE, for sponsoring this measure. and I yield back the balance of my and view Israel as a strong and trusted ally; Mr. Speaker, just a few months ago, time. Whereas Israel has made significant global Italy hosted the winter Olympic Games The SPEAKER pro tempore. The contributions in the fields of science, medi- in Torino. We want to congratulate the question is on the motion offered by cine, and technology; and people and the government of Italy for the gentlewoman from Florida (Ms. Whereas Israel’s Independence Day on the the great success of these games. Jewish calendar coincides this year with ROS-LEHTINEN) that the House suspend May 3, 2006: Now, therefore, be it The Torino Olympic Committee, the the rules and agree to the resolution, Resolved by the House of Representatives (the International Olympic Committee, and H. Res. 697, as amended. Senate concurring), That Congress— the United States Olympic Committee The question was taken. (1) recognizes the independence of the should be commended for these games, The SPEAKER pro tempore. In the State of Israel as a significant event in pro- which were effectively and successfully opinion of the Chair, two-thirds of viding refuge and a national homeland for organized and implemented. those present have voted in the affirm- the Jewish people; The slogan of the games, Mr. Speak- (2) commends the bipartisan commitment ative. of all United States administrations and er, was ‘‘Passion Lives Here,’’ which Mr. LANTOS. Mr. Speaker, on that I United States Congresses since 1948 to stand was certainly an accurate depiction of demand the yeas and nays. by Israel and work for its security and well- the enthusiasm, passion and pride the The yeas and nays were ordered. being; Italian people have not only for sports The SPEAKER pro tempore. Pursu- (3) congratulates the United States and but also for their wonderful culture ant to clause 8 of rule XX and the Israel for the strengthening of bilateral rela- and heritage. The welcoming attitude Chair’s prior announcement, further tions in the past year in the fields of defense, they displayed to citizens of over 80 na- proceedings on this question will be diplomacy, and homeland security and en- tions of the world who sent Olympic courages both nations to continue their co- postponed. operation in resolving future mutual chal- athletes and guests was outstanding. f lenges; and Mr. Speaker, I also want to commend RECOGNIZING 58TH ANNIVERSARY (4) extends warm congratulations and best those involved with the security aspect wishes to the people of Israel as they cele- of the games. As we all know, this kind OF INDEPENDENCE OF ISRAEL brate the 58th anniversary of Israel’s inde- of world gathering unfortunately pre- Ms. ROS-LEHTINEN. Mr. Speaker, I pendence. sents potential terrorist opportunities. move to suspend the rules and agree to The SPEAKER pro tempore. Pursu- The Italian government and security the concurrent resolution (H. Con. Res. ant to the rule, the gentlewoman from officials performed magnificently. The 392) recognizing the 58th anniversary of Florida (Ms. ROS-LEHTINEN) and the venue was stable and secure for ath- the independence of the State of Israel, gentleman from California (Mr. LAN- letes, officials and spectators. as amended. TOS) each will control 20 minutes.

VerDate Aug 31 2005 02:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.033 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1942 CONGRESSIONAL RECORD — HOUSE May 2, 2006 The Chair recognizes the gentle- Jewish State that exists in peace and sary of the independence of the State of woman from Florida. security and no longer has to fear for Israel. And I urge my colleagues on both sides GENERAL LEAVE its very survival. I hope that all Ameri- of the aisle to support it. Ms. ROS-LEHTINEN. Mr. Speaker, I cans will join us in extending our best Throughout the last 58 years, Israel—an ask unanimous consent that all Mem- wishes and congratulations to the oasis of freedom in a sea of despair—has bers may have 5 legislative days to re- Israeli people and to the Jewish nation. been vilified, threatened and attacked by those vise and extend their remarks and in- Mr. Speaker, I reserve the balance of who seek her destruction. And yet, she has clude extraneous material on the reso- my time. prevailed and prospered—just as she will pre- lution under consideration. Mr. LANTOS. Mr. Speaker, I yield vail and prosper today, tomorrow and in the The SPEAKER pro tempore. Is there myself such time as I might consume, future. objection to the request of the gentle- and I rise in strong support of this res- Harry Truman made the United States the woman from Florida? olution. first nation to recognize the new State of Israel There was no objection. The resolution before the House ex- in 1948, just 11 minutes after its creation. Ms. ROS-LEHTINEN. Mr. Speaker, I presses Members’ heartfelt congratula- ‘‘I had faith in Israel before it was estab- yield myself such time as I may con- tions to the Israeli people in recogni- lished, I have faith in it now,’’ said President sume. tion of the 58th anniversary of their Truman. ‘‘I believe it has a glorious future be- This week, we commemorate Israel’s independence, which they will cele- fore it—not just another sovereign nation, but Independence Day. Israel’s Independ- brate tomorrow. I strongly commend as an embodiment of the great ideals of our ence Day comes just days after the the gentleman from South Carolina civilization.’’ Holocaust Remembrance Day, a date (Mr. WILSON), my colleague, for bring- Israel’s security and success is not only a set aside for recalling the victims of ing this resolution before the House. strategic imperative for the United States. It is the Holocaust and for contemplating The story of Israel’s independence is a moral imperative, as well. Ours is a relation- what can happen to a civilized people no less inspirational simply because it ship of shared values and common aspira- when bigotry, hatred and indifference is well known. It represents a remark- tions, and of principle and conscience. reign. able triumph of the human spirit. We are nations of immigrants, safe havens Following on the heels of the Holo- Today, the day before its Independ- for the oppressed and partners for peace. caust Remembrance Day, the com- ence Day, Israel memorialized its thou- And, we are united in fighting terrorism. memoration of Israeli Independence is sands of fallen soldiers, who themselves No people on earth have been subjected to a salute to and a celebration of Jewish silently testify to the sacrifice with more bigotry and violence than the Jewish perseverance and endurance, of the which Israel won and has perfected its people, and no people are more in need of a strength of character of the Jewish independence and freedom. sovereign, secure homeland to provide safe people. Although Israelis have been relent- haven and to protect identity. On this day, we honor the great peo- lessly under attack since their nation’s I have had the privilege of leading Congres- ple of Israel, who are in constant strug- birth, they have succeeded in creating sional delegations on tours of Israel twice in gle to safeguard their nation and en- one of the most democratic, pros- the last three years. And, I can say with con- sure their survival amidst military at- perous, technologically advanced and fidence that the special bond that exists be- tacks from hostile neighbors and pro- humane societies on earth. tween the United States and Israel is strong, longed terrorist campaigns. Mr. Speaker, Israel celebrates its an- growing stronger and will not break. Throughout its short history, Israelis niversary this year after having unilat- Last August, our Congressional delegation have fought against incredible odds to erally withdrawn its troops and settle- saw firsthand the pain caused by Israel’s uni- reestablish the birthplace of the Jewish ments from Gaza. This was done under lateral disengagement from Gaza—another people. the courageous leadership of Prime bold step undertaken in the pursuit of peace Israel has been in a state of war for 58 Minister Ariel Sharon and marked only and stability. years, commencing the moment that the most recent testimony of Israel’s But more importantly, we saw a people Israeli independence was declared by singular willingness to take risks to deeply committed to the democratic process David Ben-Gurion. Yet, even at war, achieve peace. and the rule of law. What our Members saw Israel’s democracy and its vibrant, di- Now, a new prime minister, Ehud was a reflection of themselves: People who verse and free society have remained Olmert, has taken office. He, too, has love their country; people who want to live in strong. As democracies and freedom- bold ideas about how to achieve peace. peace and freedom; and people who want loving nations, we stand side by side I know him well, and I know he is more their children to have even greater opportuni- against oppression, terrorism, hatred than up to the task. We congratulate ties. and intolerance. him on his electoral victory. We look Today, as our allies in Israel prepare to cel- Today, Israel is a strong and pros- forward to working with him, and we ebrate their 58th anniversary of independence, perous nation. Its economy is thriving, wish him every success in his endeav- let us honor their determination to fulfill the vi- and it has been a world leader in sci- ors. sion of Zionism’s founding father, Theodor entific discoveries. Mr. Speaker, the establishment of Herzl, who observed, ‘‘If you will it, it is no The Israeli government has taken un- the State of Israel has been a great dream.’’ precedented steps in the past year to boon not only for those who live in Through courage and will, Israel was born reach a peaceful resolution of their Israel but for our Nation as well. We and the dream of generations was made conflict with the Palestinians. Prime treasure Israel as our most loyal ally real—and it will endure. Minister Ariel Sharon implemented his in the Middle East and as the embodi- I want to congratulate the citizens of Israel plan to withdraw from the Gaza Strip. ment of values we cherish. and the entire Jewish community on this 58th Yet Israel still finds itself without a The United States has played a crit- anniversary of Israel’s founding. partner for peace, as the Hamas-led PA ical role in supporting Israel’s security. Mr. WILSON of South Carolina. Mr. Speak- has shown that they continue to sup- It has played that role in a bipartisan er, I join in support of House Concurrent Res- port acts of terrorism against innocent fashion. Congress has had a leading re- olution 392 which which I authored. In the Israeli civilians. sponsibility in shaping the structure wake of the Holocaust, the nation of Israel Today, as the State of Israel marks and content of that support. Our sup- was established as a refuge for millions of its 58th anniversary, we pay tribute to port for Israel is an important con- Jews who survived horrendous crime crimes the strong bonds of friendship between tribution to, and a credit to, U.S. for- committed by the Nazis. Over the course of the United States and Israel, and we eign policy, and we are proud of that the next fifty-eight years, the people of Israel reiterate our commitment to its secu- support. demonstrated the resiliency of the human spir- rity and its stability. Mr. Speaker, I strongly support this it while overcoming tremendous obstacles. The United States will never waiver. resolution and urge all of my col- Their country now serves as a source of pride We will never falter in our support for leagues to do so. for the Jewish people and a strong partner in the State of Israel. Mr. HOYER. Mr. Speaker, I want to thank democracy with over 160 countries. We look forward to a date soon when my colleagues for offering this important bipar- Tdday, by recognizing the independence of we can celebrate an independent Israeli tisan resolution recognizing the 58th anniver- Israel, commending our country’ support for

VerDate Aug 31 2005 02:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\K02MY7.036 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1943 Israel, and encouraging our two countries to on a number of occasions, and these visits The United States recognized Israel within strengthen bilateral relations, Congress is have only reinforced my strong conviction that 11 minutes of its creation as an independent clearly stating its confidence in the future of the United States must remain actively en- nation; however, not all developments in this great country. Israelis and Americans gaged in ensuring a peaceful and equitable Israel’s infancy as a nation were welcome. At- share mutual democratic values, and respect, agreement between the two parties to the cur- tacked in 1948 from all sides by surrounding and our countries are stronger when we work rent conflict. Arab nations, Israel defeated its enemies but together. As citizens of both nations face simi- Yet, much work remains unfinished. We are soon learned it would have to develop as a lar enemies in the Global War on Terrorism, all troubled by the recent Palestinian elections democratic nation while vigilantly patrolling its we must remain committed to a strong friend- that put Hamsa in control of the Palestinian borders for foreign invaders. ship which will protect both of our countries. Authority and by the hateful, threatening com- In addition to being a picturesque country As the people of Israel celebrate their 58th ments that Iranian President Mahmoud located on the Mediterranean Sea, Israel is year of independence, I am honored to extend Ahmadinejad has made about Israel. This year home to many religious sites that are sacred my warmest congratulations on this inspiring also brought a transition from Prime Minister to people of the Muslim, Christian and Jewish achievement. Ariel Sharon to Ehud Olmert, and my thoughts faith. This concentration of Holy sites makes it In conclusion, God bless our troops and we and prayers remain with the Sharon family. all the more unfortunate that Israel and its will never forget September 11th. This has been a unique year for Israel, full of people are the targets of so many terrorist at- Mr. SHAYS. Mr. Speaker, Israel is one of challenges that were admirably met. As Ben- tacks. the United States’ greatest allies and I am Gurion used to say, ‘‘in Israel, in order to be Mr. Speaker, Israel and the United States proud to join my colleagues in recognizing it a realist you must believe in miracles.’’ I still have strong bilateral relations that I hope will on the occasion of its 58th anniversary cele- strongly believe in the dream that has become continue to grow and strengthen in the years bration of independence. the wonderful reality of Israel. to come. I wish the people and the leaders of One of the most remarkable aspects of the Mr. Speaker, I am pleased to support this Israel best wishes, continued prosperity and a U.S.-Israeli relationship is its mutual benefits. resolution celebrating the 58 years of Israel’s peaceful future. For 58 years the United States has assisted existence as a beacon of democracy and Mr. CANTOR. Mr. Speaker, I rise today in Israel diplomatically, financially and militarily, hope in the Middle East. I also celebrate today support of this resolution congratulating Israel while Israel has proved itself to be a stalwart the daily courage exhibited by the citizens of on the occasion of its 58 years of independ- friend of democracy in a volatile region of the Israel and express my personal commitment ence. world. Particularly since the September 11, to Israel at this milestone in its history. I look On May 14, 1948, facing overwhelming 2001 terrorist attacks, Israel has not hesitated forward to future anniversaries, and to the day odds and almost assured destruction by its to provide technical assistance, intelligence when Israel and her citizens can live in peace Arab neighbors, Jews living in their ancestral and advice on matters of homeland security, without the need for courage against fear. homeland, survivors of the Holocaust and on which it has become, out of necessity, an Mr. GARRETT of New Jersey. Mr. Speaker, Jewish refugees from around the world gath- expert in its own right. today I wish to join in celebrating the anniver- ered in a small room in Tel Aviv to announce Although the history of the Land of Israel sary of Israel’s independence. Israel is one of the creation the Jewish state of Israel. In the stretches back far longer than that of the America’s closest allies. We rely on her good shadow of the murderous genocide of the Hol- United States, we share a common history as will in our War on Terror. We enjoy mutually ocaust, the state of Israel was created so that refuges to victims of persecution, and as na- beneficial economic agreements. And, we Jews around the world would always have safe refuge from oppression and annihilation. tions that never balked to defend freedom, de- value Israel as the only functioning democracy In 1948, years of Zionists’ dreams cul- mocracy and the inalienable rights of man. in the world’s most volatile region. minated as David Ben Gurion announced to The United States is proud of its alliance On May 14, 1948, or the fifth day of the month of Iyar, which is the Hebrew date of the the world that once again Israel was to be a with Israel—a friendship that officially began formal establishment of the State, members of free and independent state. founded on prin- 11 minutes after Israel’s creation. I look for- the ‘‘provisional government’’ read and signed ciples of freedom and democracy, the new ward to many great years of thoughtful ex- a Declaration of Independence in Tel Aviv. state of Israel was quickly recognized by the change and the promotion of our common in- After decades of no homeland, the State of United States as a welcome ally in the Middle terests of world peace and prosperity. Con- Israel was finally returned to the Jewish peo- East. unfortunately, within hours of this historic gratulations to the people of Israel as they cel- ple. This year will mark the 58th anniversary declaration, the neighboring Arab nations at- ebrate the 58th anniversary of their statehood. of ‘‘Yom Ha’atzmaut’’ or Independence Day. tacked and sent Israel into its first war as an Mr. HOLT. Mr. Speaker, I rise today in Yom Ha’atzmaut in Israel is always pre- independent nation. Despite conventional wis- strong support of H. Con. Res. 392, which ceded by Yom Hazikaron—Memorial Day for dom, and the great surprise of many around celebrates the 58th anniversary of the inde- the Fallen Soldiers. The message of linking the world, Israel survived the attack but at a pendence of the State of Israel. Today, we re- these two days is clear: Israelis owe their heavy cost to the young nation. member and pay tribute to the creation of the independence—the very existence of the Today, 58 years after the creation of the democratic State of Israel. It took the United State—to the soldiers who sacrificed their lives state, Israel still struggles with an enemy who States only eleven minutes after Israel had for it, a sentiment not lost on Americans. wishes to destroy it. In addition, just last Janu- been declared a state to officially welcome her The official transition from Yom Hazikaron to ary, the Palestinian people freely elected into the community of nations. For the last 58 Yom Ha’atzmaut is a moving event that takes Hamas, a terrorist organization that strives for years the United States and Israel have built place a few minutes after sundown with a the destruction of the state of Israel, to run its a unique special relationship. ceremony on Mount Herzl in Jerusalem in government. Israel is a thriving democracy The creation of the State of Israel was a which the flag is raised from half staff to the and one of the United States’ strongest allies bold step in May of 1948. The first Prime Min- top of the pole. The President of Israel deliv- in the global war on terror. Israel has dem- ister of Israel, David Ben-Gurion, once said ers a speech of congratulations, and soldiers onstrated to the world that democracy can that, ‘‘courage is a special kind of knowledge: representing the army, navy, and air force pa- thrive in the Middle East and that freedom of the knowledge of how to fear what ought to be rade with their flags. religion, freedom of the press and basic feared and how not to fear what ought not to I wish our good companion, Israel, safety human rights can work in a region that is oth- be feared.’’ It is from such courage that the and security, prosperity and good fortune over erwise dominated by terror and oppression. State of Israel was formed and from which the upcoming year. I vow to continue standing I stand today to congratulate Israel on its Israel continues to maintain its vibrant and with you and working to ensure that the friend- strong dedication to freedom and democracy strong democracy today. We can all learn ex- ship between our two great nations remains throughout its 58 years of existence. I look for- amples from the struggles that the citizens strong. ward to strengthening the U.S.-Israel relation- have endured and the grief they have over- Mr. MILLER of Florida. Mr. Speaker, I rise ship and continuing to celebrate Israel’s inde- come to remain a democratic outpost in the today to recognize and celebrate the 58th pendence in years to come. Middle East. birthday of the State of Israel. Israel is an im- Mr. LANTOS. Mr. Speaker, I yield I am proud to join my colleagues today to portant ally of the United States and like our back the balance of our time. reiterate our continued strong support of Israel great country, Israel was founded by people Ms. ROS-LEHTINEN. Mr. Speaker, I and her right to defend herself and her people seeking freedom from religious persecution. have no further requests for time, and from terrorism, and to focus on the special re- This persecution came in the form of the Holo- I yield back the balance of my time. lationship that exists between our two nations. caust—one of the most heinous events in re- The SPEAKER pro tempore. The I have had the pleasure of traveling to Israel cent history. question is on the motion offered by

VerDate Aug 31 2005 02:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MY7.036 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1944 CONGRESSIONAL RECORD — HOUSE May 2, 2006 the gentlewoman from Florida (Ms. El Paso Police Department began providing of State all instances of improper investiga- ROS-LEHTINEN) that the House suspend Mexican Federal, State, and municipal law tory methods, threats against human rights the rules and agree to the concurrent enforcement authorities with training in in- activists, and the use of torture with respect vestigation techniques and methods; to cases involving the murder and abduction resolution, H. Con. Res. 392, as amend- Whereas the United States Agency for of young women in the State of Chihuahua; ed. International Development has begun pro- (9) encourages the Secretary of State to The question was taken. viding assistance to the State of Chihuahua urge the Government of Mexico and the The SPEAKER pro tempore. In the for judicial reform; State of Chihuahua to review the cases of opinion of the Chair, two-thirds of Whereas the government of the State of murdered women in which those accused or those present have voted in the affirm- Chihuahua has jurisdiction over these convicted of murder have credibly alleged ative. crimes; they were tortured or forced by a state agent Mr. LANTOS. Mr. Speaker, on that I Whereas the Governor and Attorney Gen- to confess to the crime; demand the yeas and nays. eral of the State of Chihuahua have ex- (10) strongly recommends that the United pressed willingness to collaborate with the States Ambassador to Mexico visit Ciudad The yeas and nays were ordered. Mexican Federal Government and United Jua´ rez and the city of Chihuahua for the pur- The SPEAKER pro tempore. Pursu- States officials in addressing these crimes; pose of meeting with the families of the vic- ant to clause 8 of rule XX and the Whereas the Department of State has pro- tims, womenaˆ ÷TMs rights organizations, and Chair’s prior announcement, further vided consular services on behalf of the Mexican Federal and State officials respon- proceedings on this question will be American citizen and her husband who were sible for investigating these crimes and pre- postponed. tortured into confessing to one of the mur- venting future such crimes; ders; (11) encourages the Secretary of State to f Whereas Mexico is a party to the following urge the Government of Mexico to ensure CONVEYING SYMPATHY OF CON- international treaties and declarations that fair and proper judicial proceedings for the GRESS TO FAMILIES OF YOUNG relate to abductions and murders: the Char- individuals who are accused of these abduc- WOMEN MURDERED IN CHI- ter of the Organization of American States, tions and murders and to impose appropriate HUAHUA, MEXICO the American Convention on Human Rights, punishment for those individuals subse- the Universal Declaration of Human Rights, quently determined to be guilty of such Ms. ROS-LEHTINEN. Mr. Speaker, I the International Covenant on Civil and Po- crimes; move to suspend the rules and agree to litical Rights, the International Covenant on (12) encourages the Secretary of State to the concurrent resolution (H. Con. Res. Economic, Social and Cultural Rights, the urge the State of Chihuahua to hold account- 90) conveying the sympathy of Con- Convention on the Elimination of all Forms able those law enforcement officials whose gress to the families of the young of Discrimination Against Women, the failure to adequately investigate the mur- United Nations Declaration on Violence ders, whether through negligence, omission, women murdered in the State of Chi- Against Women, the Convention on the or abuse, has led to impunity for these huahua, Mexico, and encouraging in- Rights of the Child, the Convention of Belem crimes; creased United States involvement in do Para, the Inter-American Convention to (13) encourages the Secretary of State to bringing an end to these crimes, as Prevent and Punish Torture, the Inter-Amer- urge the Government of Mexico to ensure amended. ican Convention on Forced Disappearance, that the Mexican Federal special prosecu- The Clerk read as follows: and the United Nations Declaration on the tor’s office, responsible for assisting local Protection of All Persons From Enforced authorities in investigating and prosecuting H. CON. RES. 90 Disappearance; and crimes of violence against women through- Whereas the Mexican cities of Ciudad Whereas continuing impunity for these out the country, gives particular attention Jua´ rez and Chihuahua have been plagued crimes is a threat to the rule of law in Mex- to the murders of women in Ciudad Jua´ rez with the abduction, sexual assault, and bru- ico: Now, therefore, be it and Chihuahua City; tal murders of over 400 young women since Resolved by the House of Representatives (the (14) strongly supports the work of the spe- 1993; Senate concurring), That Congress— cial commissioner to prevent violence Whereas there have been at least 56 mur- (1) condemns the ongoing abductions and against women in Ciudad Jua´ rez and Chi- ders of women in Ciudad Jua´ rez and the city murders of young women in Ciudad Jua´ rez huahua City; of Chihuahua since 2004; and the city of Chihuahua in the State of (15) condemns all senseless acts of violence Whereas at least 152 of the victims were Chihuahua, Mexico, since 1993; in all parts of the world and, in particular, sexually assaulted prior to their murders; (2) expresses its sincerest condolences and violence against women; and Whereas more than half of the victims are deepest sympathy to the families of the vic- (16) expresses the solidarity of the people women and girls between the ages of 13 and tims of these murders; of the United States with the people of Mex- 22, and many were abducted in broad day- (3) recognizes the courageous struggle of ico in the face of these tragic and senseless light in well-populated areas; the victims’ families in seeking justice for acts. Whereas these murders have brought pain the victims; The SPEAKER pro tempore. Pursu- to the families and friends of the victims on (4) urges the President and Secretary of both sides of the border as they struggle to State to incorporate the investigative and ant to the rule, the gentlewoman from cope with the loss of their loved ones; preventative efforts of the Mexican Govern- Florida (Ms. ROS-LEHTINEN) and the Whereas many of the victims have yet to ment in the bilateral agenda between the gentleman from California (Mr. LAN- be positively identified; Governments of Mexico and the United TOS) each will control 20 minutes. Whereas the perpetrators of most of these States and to continue to express concern The Chair recognizes the gentle- heinous acts remain unknown; over these abductions and murders to the woman from Florida. Whereas the Mexican Federal Government Government of Mexico; GENERAL LEAVE has taken steps to prevent these abductions (5) urges the President and Secretary of Ms. ROS-LEHTINEN. Mr. Speaker, I and murders in Ciudad Jua´ rez, including set- State to continue to express support for the ask unanimous consent that all Mem- ting up a commission to coordinate Federal efforts of the victims’ families to seek jus- bers may have 5 legislative days to re- and State efforts, establishing a 40-point tice for the victims, to express concern relat- plan, appointing a special commissioner, and ing to the continued harassment of these vise and extend their remarks and in- appointing a special prosecutor; families and the human rights defenders clude extraneous material on the reso- Whereas the Mexican Federal special pros- with whom they work, and to express con- lution under consideration. ecutor’s review of the Ciudad Jua´ rez murder cern with respect to impediments in the abil- The SPEAKER pro tempore. Is there investigations found evidence that over 100 ity of the families to receive prompt and ac- objection to the request of the gentle- police, prosecutors, forensics experts, and curate information in their cases; woman from Florida? other State of Chihuahua justice officials (6) supports ongoing efforts to identify un- There was no objection. failed to properly investigate the crimes, and known victims through forensic analysis, in- Ms. ROS-LEHTINEN. Mr. Speaker, I recommended that they be held accountable cluding DNA testing, conducted by inde- yield myself such time as I may con- for their acts of negligence, abuse of author- pendent, impartial experts who are sensitive sume. ity, and omission; to the special needs and concerns of the vic- Mr. Speaker, I rise today in support Whereas the Government of Mexico has tims’ families, as well as efforts to make of House Concurrent Resolution 90, in- recognized the importance of the work of the these services available to any families who troduced by the gentlewoman from Mexican Federal special prosecutor and has have doubts about the results of prior foren- shifted the mission of the prosecutor’s office sic testing; California (Ms. SOLIS). to assist local authorities in investigating (7) condemns the use of torture as a means The resolution before us respectfully and prosecuting crimes of violence against of investigation into these crimes; conveys to the families of more than women throughout the country; (8) encourages the Secretary of State to 400 young women who have been mur- Whereas in 2003 the El Paso Field Office of continue to include in the annual Country dered in the State of Chihuahua, Mex- the Federal Bureau of Investigation and the Report on Human Rights of the Department ico, the deepest sympathy of the

VerDate Aug 31 2005 02:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.038 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1945 United States Congress. It also encour- cilitating its consideration both by our These killings, Mr. Speaker, must ages law enforcement in the United committee and the full House. stop. I urge all of my colleagues to sup- States to seek closer cooperation with Mr. Speaker, since 1993, over 400 port this resolution. Mexican law enforcement authorities gruesome killings have plagued Mexi- Mr. Speaker, I am delighted to yield to solve these crimes and bring the per- co’s nearly lawless northern border. In 2 minutes to my friend, Congressman petrators to justice. the last 2 years alone, over 56 women in ENGEL of New York, the ranking mem- ber of the Western Hemisphere Sub- b 1545 this region have had their lives bru- tally extinguished. committee. Mr. Speaker, the border with Mexico Although these statistics are shock- Mr. ENGEL. Mr. Speaker, I thank my can be a violent place. With drug traf- ing at face value, the numbers often friend from California for yielding to fickers, migrant smugglers, and other hide due to time and distance the very me; and as both a co-sponsor of this violent malefactors operating along human stories that bleed from the resolution and as ranking member of the border, young women who live and pages of crime reports. In the Ciudad the House International Relations Sub- work in the many border communities Juarez murders, the tragic tales are committee for the Western Hemi- often fall prey to these violent crimi- about girls and young women in the sphere, I rise in strong support of this nals. prime of their lives who, as they are important resolution. Over the past 12 years, more than 400 walking home from one of the many I want to thank and commend my murders and disappearances of women sweatshops along the border, are kid- colleague, Congresswoman SOLIS, for have been committed in the cities of napped, raped, and brutally murdered. her leadership in raising attention to Ciudad Juarez and Chihuahua City. Their bodies are then unceremoniously the dire problem in Ciudad Juarez and Fifty-five women have been killed in dumped at the fringes of town. Fami- Chihuahua, Mexico. I also want to Juarez and Chihuahua City since 2004 lies are left wondering what happened thank my friend, Congressman REYES, alone. Unfortunately, very few of these to their daughters or sisters or moth- for highlighting this important issue as cases have been resolved and even ers. well. fewer perpetrators of this violence have In a congressional hearing last week, As a result of the combined efforts of been caught and prosecuted. As a re- Mr. Speaker, on U.S.-Mexico relations, honorable individuals like my good sult, the violence continues. I directly called on senior U.S. Depart- friends and colleagues, Congresswoman Mr. Speaker, House Concurrent Reso- ment of State officials to continue to SOLIS and Congressman REYES, as well lution 90 will hopefully bring much- press Mexican authorities on the ap- as organizations such as the Wash- needed attention to the brutal torture, proximately 400 women who had been ington Office on Latin America and the rapes, and murders committed against brutally murdered in the Mexican cit- United Nations Committee on the women along the U.S.-Mexican border, ies of Ciudad Juarez and Chihuahua Elimination of Discrimination Against especially in the State of Chihuahua, since 1993 and to provide U.S. assist- Women, the Mexican government of and will underscore the need for more ance; and I remain deeply concerned President Fox finally took action. cooperative law enforcement in both over the killings of these young Among President Fox’s initiatives were the United States and Mexico. women. It is time that a serious effort the establishment of a commission to Before this resolution was introduced was made to solve these terrible mur- coordinate federal and state efforts in and brought to the floor, too little at- ders that are plaguing the towns in Mexico, the appointment of a special tention was paid to this important Ciudad Juarez and Chihuahua, and I prosecutor to review and bring related issue. Today, Congress is taking a hope that the U.S. State Department cases, and a plan to prevent future stand and urging both the United will take appropriate action to help crimes. States and Mexico to ensure its people, Mexico address these heinous crimes, wherever they may live and work, that It is not yet clear, Mr. Speaker, that not only the crimes that have been they will be secure within their homes these efforts have slowed the pace by committed but obviously we want to and workplaces and that they can live which girls and women are being mur- prevent any further crimes from being without the fear of violence which is dered in Ciudad Juarez or in Chihuahua committed. now sweeping our border communities. City. Credible reports indicate that at I continue to urge the American gov- Mr. Speaker, it is important that we least as many murders have been com- ernment to work with Mexican au- in Congress continue to encourage our mitted each year since the Mexican thorities to halt this brutal violence governments to work with Mexico not federal and state authorities began im- against Mexican women and to inves- only to protect the women in Juarez plementing their new policies. tigate these horrible crimes. How can but also to thoroughly investigate It is also not apparent that local au- we just sit by as hundreds of women these crimes and bring an end to these thorities are seriously committed to are killed and sexually assaulted just murders. House Concurrent Resolution investigating and bringing to justice across the Texas border? I condemn the 90 would serve as a call to action along the criminals who are behind the mur- ongoing abductions and murders of the border and would be a constant re- ders. Suspects have been arrested for women in Ciudad Juarez and Chi- minder to both the United States and only about half of the Ciudad Juarez huahua City and express my heartfelt Mexico that we must do more to pro- murders. In a significant number of condolences to the victims’ families. tect our citizens against criminal ele- cases, the defendants claimed that they We will continue to press this issue ments and cooperate more on bringing were tortured into confessing their until it is resolved. criminals to justice. I urge my col- guilt. Real, impartial, professional in- Mr. LANTOS. Mr. Speaker, I am de- leagues to support this important reso- vestigations and prosecutions are need- lighted to yield 5 minutes to my good lution. ed to take the killers off the streets friend, the distinguished author of the Mr. Speaker, I reserve the balance of and to bring closure to the victims’ resolution and co-chair of the Congres- my time. families. sional Women’s Caucus, Ms. HILDA Mr. LANTOS. Mr. Speaker, I rise in Mr. Speaker, the resolution before us SOLIS of California. strong support of this resolution and today takes steps to address these re- Ms. SOLIS. Mr. Speaker, I wish to ex- yield myself such time as I might con- maining problems. It encourages the tend my great thanks and honor to sume. administration to include the Ciudad Congressman LANTOS and Congressman Mr. Speaker, the resolution before Juarez murders as part of the bilateral ENGEL and also to Congresswoman the House introduced by my distin- agenda between our government and ILEANA ROS-LEHTINEN for her support. guished California colleague and good the government of Mexico. It supports Mr. Speaker, we are strongly in sup- friend, Congresswoman HILDA SOLIS, ongoing efforts to identify unknown port of this resolution to support the shines the spotlight on the murders of victims through forensic analysis, in- families of women who have been mur- impoverished young women in Mexico. cluding DNA testing, and it urges the dered in Ciudad Juarez and in the city I applaud my friend and colleague, Mexican authorities to invest in a new of Chihuahua in Mexico. I have always Chairman HYDE, for recognizing the sense of urgency and professionalism as believed that attacks on women are at- importance of this resolution and fa- part of their continuing work. tacks on women everywhere.

VerDate Aug 31 2005 02:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.039 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1946 CONGRESSIONAL RECORD — HOUSE May 2, 2006 This came to my attention some 4 then retrace who was actually involved cotton field. Eight women were found raped, years ago, and I was very proud to help in these criminal atrocities. mutilated, and killed. lead a delegation for the first time, a That, I hope, will come to an end This case exemplifies the brutality of vio- House delegation to Ciudad Juarez, with the passage of this resolution, lence in Ciudad Jua´rez. which is 5 minutes from our border, our that we can begin to work in all hon- Mexican officials tortured two men into frontier there. And what I found was a esty to identify the remains that are confessing to the cotton field murders. Their horrific, horrific problem, brutal mur- still left unclaimed by the families and convictions were later overturned. One of the ders of women, as was already stated provide some resolution. men who was wrongly accused died in prison by our colleagues. And to hear that I am very, very pleased that I had the and the lawyers in the case were gunned over the past 13 years this had been al- support of our caucuses and outside down. And this horrific case remains unsolved. lowed to continue without any involve- community groups that helped to sup- This pattern of torturing innocent men into ment on the part of our government port us in this effort. It has been a long confessing has touched the community I rep- and Mexico, I felt compelled as a journey, and I want to personally resent. woman, as a Latina, as someone who thank various groups that helped us In 2003, Neyra Cervantes disappeared near felt very strongly that, if we are going along this way. I want to thank in par- Chihuahua City, Mexico, and her cousin, to stand up for women’s rights in other ticular our committee staff, Paul David Mesa, lived in the Congressional District continents of the world and the Middle Oostburg, for helping us, the Wash- I represent. Mesa traveled to Jua´rez to help investigate East to defend the Afghani women who ington Office on Latin America, the his cousin’s disappearance. He was incarcer- are being tortured by the Taliban, why Latin America Working Group, and ated for criticizing the efforts of local authori- not then also come forward and sup- Amnesty International, and many oth- ties and allegedly tortured into confessing to port the women of Ciudad, Juarez? ers across the country who helped us to the murder of his cousin. David is still in pris- We know that there are well over 400 lay out the foundation for the final on for the murder of his cousin—a murder he victims that have been brutally mur- passage of this legislation that I hope dered; and recently just this past year did not commit. we will find later this afternoon. We must end the violence against women in we found that a young girl, 7 years old, I would ask that the House join us in Ciudad Jua´rez and catch the real criminals was kidnapped, raped, and brutally support of this resolution, and I look who are murdering women, not make more murdered. Another girl just 10 years forward to seeing our friends and col- victims by torturing innocent people into was raped, killed, and set on fire in her leagues in the Senate also assist us confessing. The women and families in Ciudad home. These children were taken away with passage of their similar resolution Jua´rez are living their daily lives in fear. We from us too soon, and the anguished that also outlines the same provisions must bring more attention to these crimes and families will never be the same. in this resolution. When I took a delegation to Ciudad help end the violence. Today I rise to voice my strong support for House Concurrent Resolution 90, the reso- Juarez, we had the opportunity, along the families of women who have been mur- lution we will vote on today, expresses con- with other members of the House, to dered in Ciudad Jua´rez and Chihuahua City, cern about the continuing injustices that are meet with the families, to meet with Mexico. killing young women and affecting American the mothers of the victims, and what I have always believed that attacks of families in our border cities. they asked for was nothing more than women anywhere are attacks on women ev- This resolution urges the U.S. government respect and acknowledgement and erywhere. That is why three years ago I intro- to take action and commit to working with the hopefully the force of our offices to get duced House Concurrent Resolution 90, a res- Mexican government to end these tragedies. both sides, the Mexican government as olution to raise awareness, express concern It is important that we, in Congress, con- well as the U.S. government, to come and propose a set of actions to address the tinue to push the United States to work with to an agreement to recognize that murders and disappearances of young women Mexico to not only protect women in Jua´rez, these atrocities must stop, to recognize in Ciudad Jua´rez and Chihuahua City, Mexico. but also to thoroughly investigate these crimes the valor and respect of these families, I was horrified by the brutal murders of and bring an end to the murders. These atroc- and help to provide some closure; and women just five minutes beyond our border. ities have real affects on victims’ families. through this resolution I hope that we Over the past 12 years, more than 400 In 2003 and 2004 I organized Congressional can begin to do that. women have been brutally assaulted and mur- Delegation trips to Ciudad Jua´rez to meet with This poster here illustrates an area dered in Ciudad Jua´rez and Chihuahua City, families of victims, Mexican government offi- that we actually visited very close to a and few of the perpetrators of this violence cials, and human rights groups. grave site where eight bodies were have been prosecuted or even found. The mothers of victims and their families are thrown. It was almost as though there Women and young girls from all parts of suffering at the loss of their family members was a message being sent to authori- Mexico moved to Ciudad Jua´rez in hopes of and continue to suffer because of inaction of ties in Mexico that this is how we treat finding work, including jobs at American- the Mexican government. It was on these trips people in Ciudad, Juarez, and very lit- owned maquiladoras. that my dedication to helping the women of tle regard for the value of human life. These jobs involve late hours, forcing Jua´rez was solidified. I would like to thank the As you can see in the picture, we had women to travel home in the dark, alone, leav- Members of Congress and activists who have several individuals that went with us ing them vulnerable to attack. traveled to Ciudad Jua´rez with me, including to visit there. We had Congressman Many of their bodies have been found in Congressman LUIS GUTIERREZ, Congressman REYES, we had at that time Congress- abandoned or desolate areas, showing signs SILVESTRE REYES, our former colleague, Con- man Ciro Rodriguez, Congressman LUIS of rape, torture and mutilation. gressman Ciro Rodriguez, Congresswoman GUTIERREZ, and we also had a good These acts are more than just crimes; they JAN SCHAKOWSKY, and my friend, Dolores friend of mine who is depicted in the are horrific violations of women’s rights and Huerta, cofounder of VFW. photograph, Dolores Huerta, who human rights. I have hosted briefings to educate others joined me. Today, these crimes are not decreasing in about this issue, sent letters to the State De- But the value of that trip was to frequency or brutality. partment and President Bush and even to really meet and speak to the families, As an example, in 2005, a 7 year-old girl Mexico’s President Vicente Fox urging action to speak to the mothers, to speak to was kidnapped, raped and brutally murdered. to end the murders of women and give peace the fathers who had recited their indi- Another girl, just 10 years old, was raped, to their families. vidual accounts of how they found killed and set on fire in her own home. These Last year I was joined by Senator JEFF their daughters and in what state they children were taken from us too soon, and BINGAMAN of New Mexico, in securing found their daughters or corpses. Yet their anguished families will never be the $200,000 from the United States Agency for we find today that we still have many same. International Development (USAID) to help remains that have not been identified, While the men who murdered these par- fund a team of independent forensic experts not because there is not a willingness ticular children were caught, most of the vic- from Argentina to work in Jua´rez identifying to do it but because perhaps someone tim’s killers remain free and investigations of the unknown victims’ remains and provide clo- did not collect appropriate DNA infor- their cases have been minimal. sure to their families. mation and tampered with perhaps evi- In 2001, the so-called ‘‘cotton field’’ murder These murders have caused incredible pain dence at the time so that you could not victims were discovered in a Ciudad Jua´rez for the families of victims, compounded by the

VerDate Aug 31 2005 02:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4634 Sfmt 9920 E:\CR\FM\K02MY7.041 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1947 lack of response from their police and local Since 1993, many women have been have been ineffective in their investigations government. violently murdered in Chihuahua, Mex- and require massive reform. Spurred by public For the first time, families of the missing will ico, and many have yet to be positively outcry, the Mexican Federal Government receive dependable, legitimate identifications identified. This leaves family members launched a special investigation into the local of their daughters. with more questions than answers governing bodies, only to uncover countless While changes have been made in local and about the fate of their loved ones. In instances of negligence and abuse of power state government and some answers are com- the past, I have urged Mexican Presi- by over 100 police, prosecutors, and other ing to light, we must continue to pressure dent Vicente Fox to launch a com- government officials. Mexican authorities to investigate crimes and prehensive investigation to help bring Mr. Speaker, we have an obligation as do more to end the violence. an end to these murders and to bring members of the international community to As we move forward, we must push for thor- those responsible to justice. In addi- condemn violence against women and offer ough investigations, so the families have clo- tion, I hosted, as the Ms. SOLIS men- humanitarian assistance where we can. The sure and so the streets are safer for all tioned, a congressional delegation in El President and the Secretary of State must in- women and children. Paso and Ciudad Juarez so my col- tervene in this matter. These vicious criminals IWe also need to ensure safer conditions for leagues, including Congresswoman must be prosecuted and punished to the full the women of Jua´rez, in their homes, commu- SOLIS, could learn more about the sub- extent of the law as soon as possible. We nities and workplaces. ject and about the assistance needed in cannot allow ineffective government officials We must remember that no matter where it this region of Mexico. and bureaucratic defects to prevent justice takes place, on either side of our border, a In July of 2005, I offered an amend- from being served. murder of any woman is a terrible tragedy. ment to the Foreign Relations Author- The families of these 370 women deserve As one, unified voice against violence and ization Act for fiscal year 2006–2007 to closure and we must do all we can to prevent one, unified voice for justice, our strength is in encourage the administration to raise any further tragedies of this nature from reoc- our solidarity to find peace for the families of the issue of murdered women in Ciudad curring. As a father, grandfather, and hus- Jua´rez. Juarez, Mexico, with their counter- band, I could not think of any more horrific or Ni una mas! means ‘‘Not one more!’’ parts in Mexico and to assist with the painful a tragedy to strike a family. I would like to thank the 143 bipartisan co- identification of murdered women. I urge my colleagues to support this resolu- sponsors of House Concurrent Resolution 90. Thorough forensic analysis and DNA tion. 1 would like to thank Chairman HYDE, Rank- testing are necessary to identify the Mr. FARR. Mr. Speaker, I rise today in ing Member LANTOS, Subcommittee Chairman bodies that have been found to date. An strong support of H. Con. Res. 90, Conveying BURTON, and Subcommittee Ranking Member example of how this technology can be the Sympathy of Congress to the Families of ENGEL for their continued support as we work crucial to an investigation took place the Young Women Murdered in the State of to bring peace to Ciudad Jua´rez. in May 2005. With the cooperation of Chihuahua, Mexico, and Encouraging In- I would also like to thank Committee Staff the El Paso Police Department and the creased United States Involvement in Bringing Paul Oostburg for his assistance and advo- FBI, the body of 7-year-old Airis an End to These Crimes. I am a cosponsor to cates from organizations such as the Wash- Estrella Enriquez from Ciudad Juarez this important resolution and would like to ington Office on Latin America, the Latin was identified and had her killers thank Representative SOLIS for introducing this America Working Group and Amnesty Inter- brought to justice due to DNA anal- legislation. national for their passion. ysis. For over thirteen years, a stones throw from I urge my colleagues to vote in favor of In addition, with the financial assist- the U.S. border, almost 400 women and House Concurrent Resolution 90, and dem- ance of USAID, the Bode Technology young teenagers have been brutally assaulted onstrate our strong support for the families of Group, a DNA laboratory located in and murdered. A disgraceful number of these victims in Ciudad Jua´rez, Mexico. And I look Springfield, Virginia, and local forensic murders have still not been resolved and forward to continuing to work with my col- teams have been collecting thousands many perpetrators still roam free, attacking leagues on both sides of the aisle in the fight of samples from exhumed remains in other innocent women. for women’s rights, human rights and an end order to process the samples and help Family members of murdered women have to the violence. identify possible future matches. This worked tirelessly to try to bring justice to their Mr. LANTOS. Mr. Speaker, I am very technology will not only provide an- daughters, wives and sisters. They have often pleased to yield 3 minutes to my good swers and bring peace of mind to the faced great odds and opposition from local friend and distinguished colleague from families, enabling them to grieve, heal Mexican officials, yet have continued to fight Texas, Mr. SILVESTRE REYES. His El and seek justice for their murdered for the truth and work to try to prevent future Paso district is the sister community loved ones, but it will also contribute atrocities by bringing the rule of law to Cuidad to Ciudad Juarez. He is Chair of the to the strengthening of judicial institu- Jua´rez and Chihuahua. My heart goes out to Congressional Hispanic Caucus Task tions in Ciudad Juarez, Mexico. these families for their losses, and I urge the Force on International Relations, and I urge my colleagues to join me in FBI, the U.S. State Department and all levels an invaluable colleague. sending our sincere condolences to the of the government of Mexico to reinvigorate Mr. REYES. Mr. Speaker, I would families of murdered women, con- their efforts and work to do all that is possible like to first thank Chairman HENRY demning the homicide against women, to bring justice and closure to these horrible HYDE and Ranking Member TOM LAN- and encouraging the U.S. and Mexican tragedies. TOS, my good friend, for bringing this authorities to work together to solve Mr. MCGOVERN. Mr. Speaker, I rise in resolution to the floor today. Likewise, these murders and help ensure the safe- strong support of H. Con. Res. 90, and I wish I would like to thank my colleague ty of the women of Ciudad Juarez. to express my respect and admiration for the from Florida for handling the time on Please support H. Con. Res. 90. gentlelady from California, Congresswoman this very important issue. Mr. BACA. Mr. Speaker, I rise today in sup- SOLIS, for her important leadership on this port of H. Con. Res. 90 and stand in solidarity tragic issue. b 1600 with the families of 370 women who have Since 1993, nearly 440 women have been I would also like to thank Ms. SOLIS been abducted, brutally assaulted, raped and killed in Ciudad Juarez and the State of Chi- for introducing H. Con. Res. 90, a reso- murdered in the Mexican cities of Ciudad huahua, Mexico. Most of the victims are lution conveying sympathy to the fam- Juarez and Chihuahua since 1993. These young, poor women. Nearly one-third worked ilies affected by the murder of young families seek justice for the atrocious acts in maquiladora factories that flourish along the women in Chihuahua, Mexico, and en- committed against their daughters—some as U.S.-Mexican border; another third were stu- couraging the United States to be in- young as the age of 13—and I urge President dents; Over 100 of these women were sexu- volved in bringing an end to these Bush to offer whatever assistance he can to ally assaulted prior to their murders, and these crimes. bring these criminals to justice. cases may be related. Other murders appear As the representative of El Paso, Even today, we do not know who many of to be the product of domestic and intimate Texas, the neighboring city to Ciudad the perpetrators are. Many of the victims bod- partner violence. Juarez, the issue of unsolved murders ies have yet to be identified and returned to Regrettably, the Mexican authorities have is of great concern to me and my con- their families. Local government and law en- done little to investigate the murders: Accord- stituents. forcement agencies in the State of Chihuahua ing to human rights investigations into these

VerDate Aug 31 2005 02:09 May 03, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4634 Sfmt 9920 E:\CR\FM\A02MY7.019 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1948 CONGRESSIONAL RECORD — HOUSE May 2, 2006 murders, at least 130 police, prosecutors, and Ms. ROS-LEHTINEN. Mr. Speaker, I ity of life in the United States and across the forensic officials were negligent or abusive in have no further requests for time, and globe; and their handling of the murder investigations. I yield back the balance of my time. (3) encourages the people of the United Frequently, these officers of the law blame the The SPEAKER pro tempore (Mr. States to observe World Water Day with ap- propriate recognition, ceremonies, activities, victim for her own violent death. They have ig- GINGREY). The question is on the mo- and programs to demonstrate the impor- nored, deceived, harassed and even attacked tion offered by the gentlewoman from tance of water and water conservation to hu- the families of the victims. While a few men Florida (Ms. ROS-LEHTINEN) that the manity. have been convicted for some of the sexual House suspend the rules and agree to The SPEAKER pro tempore. Pursu- murders, several of the victims’ families be- the concurrent resolution, H. Con. Res. ant to the rule, the gentlewoman from lieve these men are scapegoats, while the real 90, as amended. Florida (Ms. ROS-LEHTINEN) and the perpetrators remain free at-large. As long as The question was taken; and (two- gentleman from California (Mr. LAN- the wrong people are in prison, the killers re- thirds having voted in favor thereof) TOS) each will control 20 minutes. main unpunished and able to kill again and the rules were suspended and the con- The Chair recognizes the gentle- again. current resolution, as amended, was woman from Florida. We know that the police have used torture agreed to. to obtain confessions from several people, A motion to reconsider was laid on GENERAL LEAVE even though no physical evidence connected the table. Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all Mem- these individuals to the crimes. For example, f days after eight women’s bodies were found in bers may have 5 legislative days in a field in downtown Juarez, two men were ar- SUPPORTING THE GOALS AND which to revise and extend their re- rested and tortured into confessing to their IDEALS OF WORLD WATER DAY marks and include extraneous material murders. No physical evidence links them to Ms. ROS-LEHTINEN. Mr. Speaker, I on the resolution under consideration. the crime. Police killed one of their lawyers. move to suspend the rules and agree to The SPEAKER pro tempore. Is there One of the men died in prison. The judge pre- the resolution (H. Res. 658) supporting objection to the request of the gentle- siding over the case ignored the remaining de- the goals and ideals of World Water woman from Florida? tainee’s credible allegations of torture and the Day, as amended. There was no objection. lack of evidence against him, and convicted The Clerk read as follows: Ms. ROS-LEHTINEN. Mr. Speaker, I him to 50 years in prison for the murders. The H. RES. 658 yield myself such time as I may con- families of the murdered women do not be- Whereas the global celebration of World sume. lieve he is the person responsible for their Water Day is an initiative that grew out of Mr. Speaker, I rise in strong support daughters’ deaths. the 1992 United Nations Conference on Envi- of House Resolution 658, expressing Mr. Speaker, the Ciudad Juarez murders ronment and Development in Rio de Janeiro; support for the goals and ideals of are an issue that embraces both sides of the Whereas the United Nations General As- World Water Day. The global celebra- border: U.S. citizens have been arrested for sembly, via resolution, designated March 22 tion of World Water Day is an initia- the murders, have been victims of the mur- of each year as World Water Day; Whereas although water resources are re- tive that grew out of the 1992 United ders, and have had loved ones lost to murder. newable, differences in availability of water Nations Conference on Environment U.S. citizen Cynthia Kiecker and her husband, resources exist due to variations in seasonal and Development in Rio de Janeiro. a Mexican national, were arrested and tortured and annual precipitation in different parts of The United Nations General Assembly in June 2003, accused of the murder of a the world; by resolution designated March 22 of young woman in Chihuahua. They were ac- Whereas although water is the most widely each year as World Water Day. quitted in December 2004. In another case, occurring substance on earth, only 2.53 per- I want to thank my colleague, the cent of all water is freshwater and the re- one U.S. citizen’s daughter disappeared in gentlewoman from Texas (Ms. EDDIE July 2000. mainder is salt water; Whereas freshwater resources are further BERNICE JOHNSON), for introducing this I believe that the Mexican government will important resolution. Passing this res- respond to U.S. and international pressure to reduced by various forms of industrial, chemical, human, and agricultural pollution; olution will add to the strong bipar- solve these murders and bring peace of mind Whereas the drainage of wetlands for agri- tisan support in Congress for fighting to the victims’ families, and restore peace and culture and the dissipation of water sources global water challenges. This resolu- security to the people who live in the State of by land clearance lead to further exacer- tion builds upon the accomplishments Chihuahua and Ciudad Juarez, in particular. bation of water scarcity; of this Congress as embodied in the Already, as a result of international pressure, Whereas, according to the United Nations, Senator Paul Simon Water For the by the middle of this century, at worst, the federal Mexican government has ap- Poor Act of 2005, Public Law 109–121, in- pointed a special commissioner to prevent vio- seven billion people in 60 countries will be water-scarce; troduced by Mr. BLUMENAUER. lence against women in Juarez, as well as ap- Water-related illnesses claim the life pointing a special prosecutor to find out what Whereas the poor are the most affected by water scarcity, with 50 percent of the popu- of one child approximately every 8 to went wrong with the previous murder inves- lations of developing countries exposed to 15 seconds, killing up to 5,000 children tigations. polluted water sources; a day and up to 5 million people every But Mexican federal and state authorities Whereas water-related diseases are among year. The statistics associated with have made too many promises, and still there the most common causes of illness and global water issues are shocking. Ac- is too little progress in any of these investiga- death, afflicting primarily the poor in devel- cording to the World Health Organiza- tions. oping countries; Mr. Speaker, H. Con. Res. 90 will clearly tell Whereas the estimated mortality rate due tion, 1.2 billion people do not have ac- the families of these women that their voices to diseases transmitted by water and sanita- cess to safe water, and 2.4 billion peo- and their pleas for justice have not gone un- tion is five million people per year; ple lack access to basic sanitation. heard. They have our sympathy, and they Whereas initiatives that promote access to World Water Day helps to raise safe drinking water and sanitation that pre- awareness among international com- have our support. But passage of this bill will vents contaminants from infiltrating fresh also send a clear message to the Mexican au- munity members about this humani- drinking water supplies are vital tools in tarian catastrophe which places global thorities that the United States Congress is raising the awareness of the importance of concerned about these murders, willing to freshwater to the quality of life; and development and human security in have our government assist in their investiga- Whereas freshwater is vital to the develop- peril. tion, and that we want the perpetrators of ment, sustainability, and progression of all This resolution communicates our these heinous acts arrested and put behind humanity: Now, therefore, be it support for World Water Day. It recog- bars. Resolved, That the House of Representa- nizes the importance of conserving and The lives of all these young women had tives— managing water resources for sustain- (1) supports the goals and ideals of World meaning and promise. Let us remember them able development, environmental in- Water Day; tegrity, and the eradication of poverty now, and solemnly vow to their families that (2) recognizes the importance of conserving we will work to bring their killers to justice. and managing water resources for sustain- and hunger, human health and overall Mr. LANTOS. Mr. Speaker, I have no able development, including environmental quality of life; and it encourages the further requests for time, and I yield integrity and the eradication of poverty and people of the United States to observe back the balance of my time. hunger, and human health and overall qual- World Water Day.

VerDate Aug 31 2005 02:09 May 03, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MY7.042 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1949 Paula Dobriansky, the Under Sec- in our quest to see all people gain ac- would have access to healthy water- retary For Democracy and Global Af- cess to clean water by supporting the ways and clean drinking water. Al- fairs, recently led the U.S. delegation goals and ideals of World Water Day, though considerable progress has been to the fourth World Water Forum in conserving and managing water re- made since enactment of this legisla- Mexico City, Mexico. Under Secretary sources for sustainable development. tion to ensure the integrity of our Dobriansky’s remarks emphasized the In the interest of keeping with our water, many challenges persist as ini- linkages between increased access to core humanitarian values and pro- tiatives to comprehensively overhaul safe water and sanitation to improving moting sustainable development world- the act have stalled. human development indicators. wide, we must continue to promote the The Nation’s wastewater treatment The administration has taken some goals of clean water, sound water con- infrastructure, typically the first line noteworthy actions in response to servation and management, and basic of defense in keeping harmful pollut- these challenges. The Water For the sanitation. I strongly support this res- ants out of our fresh water supplies, is Poor and Clean Water For People are olution, Mr. Speaker. I urge all of my in desperate need of investment. Ac- initiatives equaling almost $1.5 billion colleagues to also support it. cording to the Environmental Protec- combined are positive contributions Mr. Speaker, I am pleased to yield tion Agency, as much as $390 billion that will advance the United Nations such time as she may consume to the will be needed over the next two dec- Millennium Development Goals and gentlewoman from Texas (Ms. EDDIE ades to rebuild, repair, and upgrade the implement the Johannesburg Plan by BERNICE JOHNSON). Nation’s wastewater treatment infra- 2015 to reduce the number of people by Ms. EDDIE BERNICE JOHNSON of structure. one-half who have no access to safe Texas. Mr. Speaker, I would like first Controlling the discharge of toxic drinking water and sanitation. to extend my appreciation to the lead- pollutants such as heavy metals and I invite my colleagues and staff to ership of the International Relations inorganic chemicals into our water- learn more about what the private sec- Committee, particularly Chairman ways is also becoming an increasing tor and the U.S. Government are doing HYDE and the ranking member, Mr. challenge. to meet these challenges this Thursday LANTOS, and the subcommittee people b 1615 at an event sponsored by the Rotary for working with me to advance this Data reported by the EPA indicates Club of Washington and water advo- measure. I would also like to thank Mr. that 39 percent of river and stream cates. This event will focus on safe BLUMENAUER for serving as my partner miles assessed by States and 45 percent water and sanitation worldwide and on this resolution. of assessed lake acreage do not meet implementing the Senator Simon Mr. Speaker, H. Res. 658 supports the the applicable water quality standards Water For the Poor Act. The event will goals and ideals of World Water Day, and are impaired for one or more de- take place on Thursday, May 4, at 11 an initiative born out of the 1992 United Nations Conference on Environ- sired uses. a.m. in the Montpelier Room of the Li- Further, approximately 95,000 lakes ment and Development in Rio de Janei- brary of Congress. Mr. Speaker, I urge and 544,000 river miles in the United ro. The day is to be observed consistent passage of this resolution. States are under fish-consumption with the recommendations called for Mr. Speaker, I reserve the balance of advisories due to chemical contami- by the United Nations Conference on my time. nants in lakes, rivers, and coastal wa- Mr. LANTOS. Mr. Speaker, I yield Environment and Development’s Fresh ters. myself such time as I may consume. Water Resources Agenda which urges As of 2003, mercury, a contaminant of Mr. Speaker, I rise in strong support the protection of the quality and sup- increasing concern, has forced 45 of this resolution, and I would first like ply of fresh water resources. States to issue partial or statewide fish While I am aware that the official to commend my good friend and distin- and shellfish consumption advisories. guished colleague, the gentlewoman date recognizing World Water Day has As the ranking member on the Water from Texas (Ms. EDDIE BERNICE JOHN- passed, it is my respectful view that Resources and Environment Sub- SON), for introducing this very impor- raising public awareness regarding one committee, I feel strongly that our tant measure, and my good friend and of the Earth’s most precious resources water policy needs a strong set of gov- fellow member of the International Re- should be year-round. Water is vital to ernment standards and safeguards to lations Committee, the gentleman human life, as a matter of fact, all life; continue to protect public health and from Oregon (Mr. BLUMENAUER), for his and although it is the most widely oc- safety. advocacy on behalf of all matters re- curring substance on Earth, it is im- We should build on our achievements lated to the global environment. portant to note that only approxi- made possible by innovations, like the Mr. Speaker, this past December the mately 2 percent of all water is fresh Clean Water Act, and not turn our President signed the Senator Paul water. back on them. Simon Water For the Poor Act. This As various forms of pollution and Congress should reaffirm and restore important piece of legislation dem- sprawl continue to adversely impact the Clean Water Act, which has made onstrated the United States’ steadfast our fresh water supplies, it is impera- our water valuable for drinking, fish- commitment to clean water and safe tive now more than ever that the im- ing, swimming and other economically sanitation by designating it a major portance of integrated water resources vital uses for over 30 years. The Na- foreign policy goal of the United development and conservation and im- tion’s future generations are depending States. proving the overall quality of life here on us. We further solidified this commit- in the United States and across the For our children’s sake, it is impor- ment by participating in the fourth globe be highlighted. tant that we place responsible steward- World Water Forum held in March. Our Each day, millions of Americans turn ship of our Nation’s water resources Nation joined with the rest of the to their faucets and their bottles for and water infrastructure back on our international community in Mexico fresh drinking water, rarely giving a priorities for our Nation. City to discuss the most pressing issues thought to the current demands our I urge my colleagues to support this facing access to clean water and sani- water supplies and infrastructure face. resolution. There are metropolitan tation. Yet while many Americans may think areas now that advise people not to I would like to commend Under Sec- that water resource and development drink the public water. retary For Democracy and Global Af- challenges are particularly associated Mr. BLUMENAUER. Mr. Speaker, I rise in fairs Paula Dobriansky, for leading the with less-developed countries, it is im- strong support of H. Res. 658, supporting the U.S. delegation to the World Water portant to note that the United States goals and ideals of World Water Day, which I Forum and for the decision to join the is not immune from some of the same introduced with Congresswoman EDDIE BER- international community in calling for challenges. NICE JOHNSON, the Ranking Member on our global action on water and sanitation In 1972, this body enacted the Federal Water Resources and the Environment Sub- issues. Water Pollution Control Act, com- committee. Mr. Speaker, the resolution on the monly known as the Clean Water Act. Access to safe drinking water and sanitation floor today is yet another defining step The act promised that all Americans is critical to promoting good health, fighting

VerDate Aug 31 2005 02:09 May 03, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\K02MY7.045 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1950 CONGRESSIONAL RECORD — HOUSE May 2, 2006 poverty, protecting the environment, empow- CONGRATULATING THE PEOPLE LaHood Ney Serrano Langevin Northup Sessions ering women and promoting economic growth AND GOVERNMENT OF ITALY Lantos Norwood Shadegg around the world. These were the goals of the UPON THE SUCCESSFUL COM- Larsen (WA) Nunes Shaw ‘‘Paul Simon Water for the Poor Act,’’ which I PLETION OF THE 2006 OLYMPIC Larson (CT) Oberstar Shays introduced last year. This legislation, which WINTER GAMES Latham Obey Sherman LaTourette Olver Sherwood was signed into law on December 1st, estab- The SPEAKER pro tempore. The Leach Ortiz Shimkus lishes water and sanitation as a cornerstone of pending business is the question of sus- Lee Otter Shuster United States foreign assistance efforts. Levin Owens Simmons pending the rules and agreeing to the Lewis (CA) Oxley Simpson I look forward to working with my col- resolution, H. Res. 697, as amended. Lewis (GA) Pallone Skelton leagues, concerned organizations, and the ad- The Clerk read the title of the resolu- Lewis (KY) Pastor Slaughter ministration to help ensure that the United tion. Linder Paul Smith (NJ) States is a leader on global water issues and Lipinski Pearce Smith (TX) The SPEAKER pro tempore. The LoBiondo Pelosi Smith (WA) works hard to make the goals and ideals of question is on the motion offered by Lofgren, Zoe Pence Snyder World Water Day a reality for over a billion the gentlewoman from Florida (Ms. Lowey Peterson (MN) Sodrel people around the world in need. Lucas Peterson (PA) Solis ROS-LEHTINEN) that the House suspend Lungren, Daniel Petri Spratt Mr. LANTOS. Mr. Speaker, I have no the rules and agree to the resolution, E. Pickering Stark further requests for time, and I yield H. Res. 697, as amended, on which the Lynch Pitts Stearns back the balance of my time. yeas and nays are ordered. Mack Platts Stupak Ms. ROS-LEHTINEN. Mr. Speaker, I Maloney Poe Sullivan The vote was taken by electronic de- Manzullo Pombo Tancredo also have no further requests for time, vice, and there were—yeas 409, nays 0, Marchant Pomeroy Tanner and I yield back the balance of my not voting 23, as follows: Markey Porter Tauscher time. Marshall Price (GA) Taylor (MS) [Roll No. 111] The SPEAKER pro tempore. The Matheson Price (NC) Taylor (NC) YEAS—409 Matsui Pryce (OH) Terry question is on the motion offered by McCarthy Putnam Thomas the gentlewoman from Florida (Ms. Abercrombie Clyburn Gonzalez McCaul (TX) Radanovich Thompson (CA) Ackerman Coble Goode ROS-LEHTINEN) that the House suspend McCollum (MN) Rahall Thompson (MS) Aderholt Cole (OK) Goodlatte McCotter Ramstad Thornberry the rules and agree to the resolution, Akin Conaway Gordon McCrery Rangel Tiahrt H. Res. 658, as amended. Alexander Conyers Granger McDermott Regula Tiberi The question was taken. Allen Cooper Graves McGovern Rehberg Tierney Andrews Costa Green, Al McHenry Reichert Towns The SPEAKER pro tempore. In the Baca Costello Green, Gene McHugh Renzi Turner opinion of the Chair, two-thirds of Bachus Cramer Grijalva McIntyre Reyes Udall (CO) those present have voted in the affirm- Baird Crenshaw Gutierrez McKeon Reynolds Udall (NM) Baldwin Cubin Gutknecht ative. McKinney Rogers (AL) Upton Barrett (SC) Cuellar Hall McMorris Rogers (KY) Van Hollen Ms. ROS-LEHTINEN. Mr. Speaker, Barrow Culberson Harman McNulty Rogers (MI) Vela´ zquez on that I demand the yeas and nays. Bartlett (MD) Cummings Harris Meehan Rohrabacher Walden (OR) The yeas and nays were ordered. Barton (TX) Davis (AL) Hart Meek (FL) Ros-Lehtinen Walsh Bass Davis (CA) Hastings (FL) Meeks (NY) Ross Wamp The SPEAKER pro tempore. Pursu- Bean Davis (IL) Hastings (WA) Melancon Rothman Wasserman ant to clause 8 of rule XX and the Beauprez Davis (KY) Hayes Mica Roybal-Allard Schultz Chair’s prior announcement, further Becerra Davis (TN) Hayworth Michaud Royce Waters Berkley Davis, Jo Ann Hefley proceedings on this question will be Millender- Ruppersberger Watson Berman Davis, Tom Hensarling McDonald Ryan (OH) Watt postponed. Berry Deal (GA) Herger Miller (FL) Ryan (WI) Waxman Biggert DeFazio Herseth f Miller (MI) Ryun (KS) Weiner Bilirakis DeGette Higgins Miller (NC) Sabo Weldon (FL) RECESS Bishop (GA) Delahunt Hinchey Miller, Gary Salazar Weldon (PA) Bishop (NY) DeLauro Hinojosa Mollohan Sa´ nchez, Linda Weller The SPEAKER pro tempore. Pursu- Blackburn DeLay Hobson Moore (KS) T. Westmoreland ant to clause 12(a) of rule I, the Chair Blumenauer Dent Hoekstra Moore (WI) Sanchez, Loretta Wexler Blunt Diaz-Balart, L. Holden declares the House in recess until ap- Moran (KS) Sanders Whitfield Boehlert Dicks Holt Moran (VA) Saxton Wicker proximately 6:30 p.m. today. Boehner Dingell Honda Murphy Schakowsky Wilson (NM) Accordingly (at 4 o’clock and 18 min- Bonilla Doggett Hooley Murtha Schiff Wilson (SC) utes p.m.), the House stood in recess Bonner Doolittle Hostettler Musgrave Schmidt Wolf Bono Doyle Hoyer Myrick Schwartz (PA) Woolsey until approximately 6:30 p.m. Boozman Drake Hulshof Nadler Schwarz (MI) Wu f Boswell Dreier Hunter Napolitano Scott (GA) Wynn Boucher Duncan Hyde Neal (MA) Scott (VA) Young (AK) b 1830 Boustany Edwards Inglis (SC) Neugebauer Sensenbrenner Young (FL) Boyd Ehlers Inslee AFTER RECESS Bradley (NH) Emanuel Israel NOT VOTING—23 Brady (PA) Emerson Issa The recess having expired, the House Baker Evans Osborne Brady (TX) Engel Istook Bishop (UT) Ford Pascrell was called to order by the Speaker pro Brown (OH) English (PA) Jackson (IL) Boren Green (WI) Payne Brown (SC) Eshoo Jefferson tempore (Mr. POE) at 6 o’clock and 30 Buyer Jackson-Lee Rush Brown, Corrine Etheridge Jenkins minutes p.m. Carson (TX) Souder Brown-Waite, Everett Jindal Crowley Jones (OH) Strickland f Ginny Farr Johnson (CT) Davis (FL) Miller, George Sweeney Burgess Fattah Johnson (IL) Diaz-Balart, M. Nussle Visclosky ANNOUNCEMENT BY THE SPEAKER Burton (IN) Feeney Johnson, E. B. Butterfield Ferguson Johnson, Sam PRO TEMPORE Calvert Filner Jones (NC) b 1853 The SPEAKER pro tempore. Pursu- Camp (MI) Fitzpatrick (PA) Kanjorski Ms. KILPATRICK of Michigan Campbell (CA) Flake Kaptur ant to clause 8 of rule XX, proceedings Cannon Foley Keller changed her vote from ‘‘nay’’ to ‘‘yea.’’ will resume on motions to suspend the Cantor Forbes Kelly So (two-thirds of those voting having rules previously postponed. Capito Fortenberry Kennedy (MN) responded in the affirmative) the rules Votes will be taken in the following Capps Fossella Kennedy (RI) were suspended and the resolution, as Capuano Foxx Kildee order: Cardin Frank (MA) Kilpatrick (MI) amended, was agreed to. H. Res. 697, by the yeas and nays; Cardoza Franks (AZ) Kind The result of the vote was announced H. Con. Res. 392, by the yeas and Carnahan Frelinghuysen King (IA) as above recorded. Carter Gallegly King (NY) nays; Case Garrett (NJ) Kingston The title of the resolution was H. Res. 658, by the yeas and nays. Castle Gerlach Kirk amended so as to read: ‘‘Resolution The first and third electronic votes Chabot Gibbons Kline congratulating the people and Govern- will be conducted as 15-minute votes. Chandler Gilchrest Knollenberg ment of Italy, the Torino Olympic Or- Chocola Gillmor Kolbe The second vote in this series will be a Clay Gingrey Kucinich ganizing Committee, the International 5-minute vote. Cleaver Gohmert Kuhl (NY) Olympic Committee, the United States

VerDate Aug 31 2005 02:09 May 03, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MY7.029 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1951 Olympic Committee, the 2006 United Hooley Meek (FL) Sa´ nchez, Linda The result of the vote was announced Hostettler Meeks (NY) T. States Olympic and Paralympic Hoyer Melancon Sanchez, Loretta as above recorded. Teams, and all international athletes Hulshof Mica Sanders A motion to reconsider was laid on upon the successful completion of the Hunter Michaud Saxton the table. 2006 Olympic Winter Games in Turin, Hyde Millender- Schakowsky Inglis (SC) McDonald Schiff f Italy.’’. Inslee Miller (FL) Schmidt A motion to reconsider was laid on Israel Miller (MI) Schwartz (PA) SUPPORTING THE GOALS AND the table. Issa Miller (NC) Schwarz (MI) IDEALS OF WORLD WATER DAY Istook Miller, Gary Scott (GA) f Jackson (IL) Miller, George Scott (VA) The SPEAKER pro tempore (Mr. Jefferson Mollohan Sensenbrenner POE). The pending business is the ques- Jenkins Moore (KS) Serrano tion of suspending the rules and agree- RECOGNIZING 58TH ANNIVERSARY Jindal Moore (WI) Sessions ing to the resolution, H. Res. 658, as OF INDEPENDENCE OF ISRAEL Johnson (CT) Moran (KS) Shadegg Johnson (IL) Moran (VA) Shaw amended. The SPEAKER pro tempore. The Johnson, E. B. pending business is the question of sus- Murphy Shays The Clerk read the title of the resolu- Johnson, Sam Murtha Sherman tion. pending the rules and agreeing to the Jones (NC) Musgrave Sherwood The SPEAKER pro tempore. The concurrent resolution, H. Con. Res. 392, Kanjorski Myrick Shimkus Kaptur as amended. Nadler Shuster question is on the motion offered by Keller Napolitano Simmons the gentlewoman from Florida (Ms. The Clerk read the title of the con- Kelly Neal (MA) Simpson ROS-LEHTINEN) that the House suspend current resolution. Kennedy (MN) Neugebauer Skelton Kennedy (RI) Ney Slaughter the rules and agree to the resolution, The SPEAKER pro tempore. The Kildee question is on the motion offered by Northup Smith (NJ) H. Res. 658, as amended, on which the Kilpatrick (MI) Norwood Smith (TX) yeas and nays are ordered. the gentlewoman from Florida (Ms. Kind Nunes Smith (WA) The vote was taken by electronic de- ROS-LEHTINEN) to suspend the rules and King (IA) Oberstar Snyder King (NY) Obey Sodrel vice, and there were—yeas 397, nays 14, agree to House Concurrent Resolution Kingston Olver Solis not voting 21, as follows: Kirk 392, as amended, on which the yeas and Ortiz Spratt Kline [Roll No. 113] nays are ordered. Otter Stark Knollenberg Owens Stearns YEAS—397 This will be a 5-minute vote. Kolbe Oxley Stupak The vote was taken by electronic de- Kucinich Abercrombie Castle Gallegly Pallone Sullivan Kuhl (NY) Ackerman Chabot Gerlach vice, and there were—yeas 413, nays 0, Pascrell Tancredo LaHood Aderholt Chocola Gibbons not voting 19, as follows: Pastor Tanner Langevin Akin Clay Gillmor Paul Tauscher [Roll No. 112] Lantos Alexander Cleaver Gingrey Pearce Taylor (MS) Larsen (WA) Allen Clyburn Gonzalez YEAS—413 Taylor (NC) Larson (CT) Pelosi Andrews Coble Goode Abercrombie Capps Eshoo Latham Pence Terry Baca Cole (OK) Goodlatte Ackerman Capuano Etheridge LaTourette Peterson (MN) Thomas Bachus Conyers Gordon Aderholt Cardin Everett Leach Peterson (PA) Thompson (CA) Baird Cooper Granger Akin Cardoza Farr Lee Petri Thompson (MS) Baker Costa Graves Alexander Carnahan Fattah Levin Pickering Thornberry Baldwin Costello Green, Al Allen Carter Feeney Lewis (CA) Pitts Tiahrt Barrett (SC) Cramer Green, Gene Andrews Case Ferguson Lewis (GA) Platts Tiberi Barrow Crenshaw Grijalva Baca Castle Filner Lewis (KY) Poe Tierney Bartlett (MD) Crowley Gutierrez Bachus Chabot Fitzpatrick (PA) Linder Pombo Towns Barton (TX) Cubin Gutknecht Baird Chandler Flake Lipinski Pomeroy Turner Bass Cuellar Hall Baker Chocola Foley LoBiondo Porter Udall (CO) Bean Culberson Harman Baldwin Clay Forbes Lofgren, Zoe Price (GA) Udall (NM) Beauprez Cummings Harris Barrett (SC) Cleaver Fortenberry Lowey Price (NC) Upton Becerra Davis (AL) Hart Barrow Clyburn Fossella Lucas Pryce (OH) Van Hollen Berkley Davis (CA) Hastings (FL) Bartlett (MD) Coble Foxx Lungren, Daniel Putnam Vela´ zquez Berman Davis (IL) Hastings (WA) Barton (TX) Cole (OK) Frank (MA) E. Radanovich Walden (OR) Berry Davis (KY) Hayes Bass Conaway Franks (AZ) Lynch Rahall Walsh Biggert Davis, Jo Ann Hayworth Bean Conyers Frelinghuysen Mack Ramstad Wamp Bilirakis Davis, Tom Hefley Beauprez Cooper Gallegly Maloney Rangel Wasserman Bishop (GA) Deal (GA) Hensarling Becerra Costa Garrett (NJ) Manzullo Regula Schultz Bishop (NY) DeFazio Herger Berkley Costello Gerlach Marchant Rehberg Waters Blackburn DeGette Herseth Berman Cramer Gibbons Markey Reichert Watson Blumenauer Delahunt Higgins Berry Crenshaw Gilchrest Marshall Renzi Watt Blunt DeLauro Hinchey Biggert Crowley Gillmor Matheson Reyes Waxman Boehlert DeLay Hinojosa Bilirakis Cubin Gingrey Matsui Reynolds Weiner Boehner Dent Hobson Bishop (GA) Cuellar Gohmert McCarthy Rogers (AL) Weldon (FL) Bonilla Diaz-Balart, L. Holden Bishop (NY) Culberson Gonzalez McCaul (TX) Rogers (KY) Weldon (PA) Bonner Diaz-Balart, M. Holt Blackburn Cummings Goode McCollum (MN) Rogers (MI) Weller Bono Dicks Honda Blumenauer Davis (AL) Goodlatte McCotter Rohrabacher Westmoreland Boozman Dingell Hooley Blunt Davis (CA) Gordon McCrery Ros-Lehtinen Wexler Boswell Doggett Hostettler Boehlert Davis (IL) Granger McDermott Ross Whitfield Boucher Doolittle Hoyer Boehner Davis (KY) Graves McGovern Rothman Wicker Boustany Doyle Hulshof Bonilla Davis, Jo Ann Green, Al McHenry Roybal-Allard Wilson (NM) Boyd Drake Hunter Bonner Davis, Tom Green, Gene McHugh Royce Wilson (SC) Bradley (NH) Dreier Hyde Bono Deal (GA) Grijalva McIntyre Ruppersberger Wolf Brady (PA) Duncan Inglis (SC) Boozman DeFazio Gutierrez McKeon Ryan (OH) Woolsey Brady (TX) Edwards Inslee Boswell DeGette Gutknecht McKinney Ryan (WI) Wu Brown (OH) Ehlers Israel Boucher Delahunt Hall McMorris Ryun (KS) Wynn Brown (SC) Emanuel Issa Boustany DeLauro Harman McNulty Sabo Young (AK) Brown, Corrine Emerson Istook Boyd DeLay Harris Meehan Salazar Young (FL) Brown-Waite, Engel Jackson (IL) Bradley (NH) Dent Hart Ginny English (PA) Jefferson Brady (PA) Diaz-Balart, L. Hastings (FL) NOT VOTING—19 Burgess Eshoo Jenkins Brady (TX) Diaz-Balart, M. Hastings (WA) Bishop (UT) Ford Payne Burton (IN) Etheridge Jindal Brown (OH) Dicks Hayes Butterfield Everett Johnson (CT) Boren Green (WI) Rush Brown (SC) Dingell Hayworth Calvert Farr Johnson (IL) Buyer Jackson-Lee Souder Brown, Corrine Doggett Hefley Camp (MI) Fattah Johnson, E. B. Carson (TX) Strickland Brown-Waite, Doolittle Hensarling Davis (FL) Jones (OH) Campbell (CA) Feeney Johnson, Sam Ginny Doyle Herger Sweeney Cannon Ferguson Jones (NC) Davis (TN) Nussle Visclosky Burgess Drake Herseth Evans Osborne Cantor Filner Kanjorski Burton (IN) Dreier Higgins Capito Fitzpatrick (PA) Kaptur Butterfield Duncan Hinchey b 1902 Capps Foley Keller Calvert Edwards Hinojosa Capuano Forbes Kelly Camp (MI) Ehlers Hobson So (two-thirds of those voting having Cardin Fortenberry Kennedy (MN) Campbell (CA) Emanuel Hoekstra responded in the affirmative) the rules Cardoza Fossella Kennedy (RI) Cannon Emerson Holden Carnahan Foxx Kildee Cantor Engel Holt were suspended and the concurrent res- Carter Frank (MA) Kilpatrick (MI) Capito English (PA) Honda olution, as amended, was agreed to. Case Frelinghuysen Kind

VerDate Aug 31 2005 02:09 May 03, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.050 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1952 CONGRESSIONAL RECORD — HOUSE May 2, 2006 King (IA) Murphy Schwarz (MI) A motion to reconsider was laid on with respect to the plan sponsor, an officer King (NY) Murtha Scott (GA) the table. or employee within the meaning of section Kirk Musgrave Scott (VA) 16(b) of the Securities Exchange Act of 1934, Kline Myrick Serrano f Knollenberg Nadler Sessions and Kolbe Napolitano Shaw PERSONAL EXPLANATION (3) in lieu of the effective date specified in Kucinich Neal (MA) Shays such provisions contained in the Senate Kuhl (NY) Ney Sherman Ms. CARSON. Mr. Speaker, I was unavoid- amendment, the managers on the part of the LaHood Northup Sherwood ably detained in my home district and unable House shall insist on the effective date speci- Langevin Norwood Shimkus to record my vote for rollcall votes 111–113. fied in the provisions of the bill as passed the Lantos Nunes Shuster House relating to treatment of nonqualified Larsen (WA) Oberstar Simmons Had I been present I would have voted ‘‘yea.’’ Larson (CT) Obey Simpson deferred compensation plans when the em- Latham Olver Skelton f ployer’s defined benefit plan is in at-risk sta- tus. LaTourette Ortiz Slaughter ANNOUNCEMENT OF INTENTION TO Leach Otter Smith (NJ) f Lee Owens Smith (TX) OFFER MOTION TO INSTRUCT Levin Oxley Smith (WA) CONFEREES ON H.R. 4297, TAX GAS PRICES Lewis (CA) Pallone Snyder RELIEF EXTENSION RECONCILI- Lewis (GA) Pascrell Sodrel (Ms. PRYCE of Ohio asked and was Lewis (KY) Pastor Solis ATION ACT OF 2005 given permission to address the House Linder Pearce Spratt Mr. LARSON of Connecticut. Mr. Lipinski Pelosi Stark for 1 minute and to revise and extend LoBiondo Pence Stearns Speaker, under rule XXII, clause 7(c), I her remarks.) Lofgren, Zoe Peterson (MN) Stupak hereby announce my intention to offer Ms. PRYCE of Ohio. Mr. Speaker, it Lowey Peterson (PA) Sullivan a motion to instruct on H.R. 4297, the is business as usual for Congress today. Lucas Petri Tancredo Lungren, Daniel Pickering Tanner tax reconciliation conference report. Democrats are bemoaning the rising E. Pitts Tauscher The form of the motion is as follows: energy prices, while Republicans are Lynch Platts Taylor (MS) I move that the managers on the part of looking for solutions. Democrats have Mack Pombo Taylor (NC) the House at the conference on the dis- Maloney Pomeroy Terry done a lot of complaining about energy agreeing votes of the two Houses on the Sen- prices, but when it comes to offering Manzullo Porter Thomas ate amendment to the bill H.R. 4297 be in- Marchant Price (GA) Thompson (CA) structed— ideas and solutions and ways to get out Markey Price (NC) Thompson (MS) of this, they are noticeably silent. Marshall Pryce (OH) Tiahrt (1) to agree to the following provisions of Matheson Putnam Tiberi the Senate amendment: section 461 (relating Time and time again, Republicans Matsui Radanovich Tierney to revaluation of LIFO inventories of large have offered solutions to our Nation’s McCarthy Rahall Towns integrated oil companies), section 462 (relat- energy crisis. We will have two bills up McCaul (TX) Ramstad Turner ing to elimination of amortization of geo- just this week. But the Democrats con- McCollum (MN) Rangel Udall (CO) logical and geophysical expenditures for McCotter Regula Udall (NM) tinue to say no. No to renewable fuels major integrated oil companies), and section McCrery Rehberg Upton and nuclear energy, no to opening up 470 (relating to modifications of foreign tax McDermott Reichert Van Hollen resources in the ANWR, no to refin- McGovern Renzi Vela´ zquez credit rules applicable to large integrated oil McHenry Reyes Walden (OR) companies which are dual capacity tax- eries, no to pipelines, no to cracking McHugh Reynolds Walsh payers), and down on price gouging, no to a com- McIntyre Rogers (AL) Wamp (2) to recede from the provisions of the prehensive energy policy. McKeon Rogers (KY) Wasserman House bill that extend the lower tax rate on McKinney Rogers (MI) Schultz Mr. Speaker, it is time the Demo- McMorris Rohrabacher Waters dividends and capital gains that would other- crats realize that no is not an energy McNulty Ros-Lehtinen Watson wise terminate at the close of 2008. policy. Democrats want a campaign Meehan Ross Watt issue; Republicans want a solution. Re- Meek (FL) Rothman Waxman f Meeks (NY) Roybal-Allard Weiner publicans once again are offering the Melancon Ruppersberger Weldon (FL) ANNOUNCEMENT OF INTENTION TO American people a clear choice; Demo- Mica Ryan (OH) Weldon (PA) OFFER MOTION TO INSTRUCT crats, obstruction. Michaud Ryan (WI) Weller CONFEREES ON H.R. 2830, PEN- Millender- Ryun (KS) Westmoreland f McDonald Sabo Wexler SION PROTECTION ACT OF 2005 Miller (FL) Salazar Whitfield Mr. GEORGE MILLER of California. ‘‘FIRST’’ ROBOTICS COMPETITION Miller (MI) Sa´ nchez, Linda Wicker (Mr. PRICE of Georgia asked and was Miller (NC) T. Wilson (NM) Mr. Speaker, under rule XXII, clause Miller, Gary Sanchez, Loretta Wilson (SC) 7(c), I hereby announce my intention to given permission to address the House Miller, George Sanders Wolf offer a motion to instruct on H.R. 2830, for 1 minute.) Mollohan Saxton Woolsey the pension conference report. Mr. PRICE of Georgia. Mr. Speaker, Moore (KS) Schakowsky Wu Moore (WI) Schiff Wynn The form of the motion is as follows: this past Friday I had a wonderful op- Moran (KS) Schmidt Young (AK) I move that the managers on the part of portunity to witness, firsthand, Amer- Moran (VA) Schwartz (PA) Young (FL) the House at the conference on the dis- ica’s innovative spirit in action. An or- agreeing votes of the two Houses on the Sen- NAYS—14 ganization named For Inspiration and ate amendment to the bill H.R. 2830 be in- Conaway Hoekstra Royce Recognition of Science and Tech- structed to recede to the provisions con- nology, FIRST, held its 15th annual Flake Kingston Sensenbrenner tained in the Senate amendment regarding Franks (AZ) Neugebauer Shadegg restrictions on funding of nonqualified de- Robotic Competition Championship in Garrett (NJ) Paul Thornberry Atlanta. Gohmert Poe ferred compensation plans, except that— (1) to the maximum extent possible within Founded in 1989 by Dean Kamen, NOT VOTING—21 the scope of the conference, the managers on FIRST is a world-renowned organiza- Bishop (UT) Ford Payne the part of the House shall insist that the re- tion that promotes the study and appli- Boren Gilchrest Rush strictions under the bill as reported from cation of science, math, engineering Buyer Green (WI) Souder conference regarding executive compensa- and technology. Over the 3 days of Carson Jackson-Lee Strickland tion, including under nonqualified plans, be Chandler (TX) competition, 28,000 participants from Sweeney the same as restrictions under the bill re- Davis (FL) Jones (OH) Visclosky seven different countries took part, in- Davis (TN) Nussle garding benefits for workers and retirees Evans Osborne under qualified pension plans, cluding students from Wheeler High (2) the managers on the part of the House School in my own district. During the b 1919 shall insist that the definition of ‘‘covered events, students were immersed in an Mr. POE changed his vote from employee’’ for purposes of such provisions intense competitive environment ‘‘yea’’ to ‘‘nay.’’ contained in the Senate amendment include where they employed innovative solu- So (two-thirds of those voting having the chief executive officer of the plan spon- tions to solve real-life engineering responded in the affirmative) the rules sor, any other employee of the plan sponsor problems in a sports-like activity. who is a ‘‘covered employee’’ within the were suspended and the resolution, as meaning of such term specified in the provi- Teamwork, ingenuity, flexibility and amended, was agreed to. sions contained in the Senate amendment cooperation are all rewarded. The result of the vote was announced (applied by disregarding the chief executive In a continually evolving and com- as above recorded. officer), and any other individual who is, petitive global market, Americans

VerDate Aug 31 2005 02:36 May 03, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MY7.032 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1953 must work to retain our time-honored Speaker’s announced policy of January health care in communities across our spirit of scientific leadership. Math and 4, 2005, and under a previous order of country. science are invaluable pillars of a the House, the following Members will Due to the consequences of the pre- strong education; and our schools, in be recognized for 5 minutes each. scription drug bill part D, our commu- nity pharmacist’s future is bleak. In coordination with organizations like f FIRST, will ensure the creation of a part it is due to the lack of timeliness The SPEAKER pro tempore. Under a of the payments that are occurring. new generation of world leaders, but previous order of the House, the gen- only if we are proactively committed. The average wait in Kansas is 45–60 tleman from North Carolina (Mr. days. When I was in Leoti, Kansas, in f JONES) is recognized for 5 minutes. March, and Leoti is a community of PRICE OF GASOLINE (Mr. JONES of North Carolina ad- about 900 people, that community dressed the House. His remarks will ap- (Mr. POE asked and was given per- pharmacist had not been reimbursed pear hereafter in the Extensions of Re- for one prescription drug bill delivered mission to address the House for 1 marks.) minute.) to a senior since January 1. Almost all pharmacists in my dis- Mr. POE. Mr. Speaker, the price of f trict and across the State have had to gasoline is $3 a gallon. Americans want PHARMACIES ARE IN TROUBLE take out a line of credit just to stay in answers, and they want solutions. Ac- Mr. MORAN of Kansas. Mr. Speaker, business. I want to highlight a bill that cording to the American Petroleum In- I ask unanimous consent to claim the has been introduced by the gentleman stitute, the nationwide average of tax gentleman’s time. from North Carolina (Mr. JONES) and on gasoline is 45 cents a gallon. This is The SPEAKER pro tempore. Without by the gentleman from Arkansas (Mr. split between State and Federal gov- objection, the gentleman from Kansas BERRY) and a bill by the gentleman ernments. The oil companies make is recognized for 5 minutes. from Mississippi (Mr. WICKER) that about 9 cents a gallon on gasoline, so There was no objection. would require those sponsors of those Washington, D.C., makes more off a Mr. MORAN of Kansas. Mr. Speaker, drug plans to promptly pay the sub- gallon of gasoline than the oil compa- much of what I am about in Congress is mitted claims. nies. about the fight to preserve and en- It is unacceptable that a pharmacist Congress should consider suspending hance the opportunities that exist in would have to wait 2 months to be paid part of the gasoline tax for a period of rural America. My goal, among others, for the bills, and it is unacceptable be- time to lower gasoline prices. Gasoline as a Member of Congress is to see that cause it is wrong. It is not the right prices are going up because OPEC con- there is a future for the communities thing to do, but it is a terrible occur- trols 50 percent of the world’s crude and the people who live there across rence because it means the demise of and is driving up the price of gasoline. my State. I represent one of the most his or her business. The U.S. needs to be drilling offshore. rural districts in the country. A com- In addition to that, almost all phar- Now we only drill off the coast of ponent of that is to make certain that macists lose money on the prescrip- Texas, Louisiana, and Alabama. There the citizens of those rural communities tions they fill under the Medicare plan is crude out there in our gulf coast and can access adequate and affordable part D, and the sponsors of those plans east coast and even the sacred west health care. allow almost no negotiating room for coast. We often think of health care as a those pharmacists. We need to change We can’t have it both ways: Refuse to hospital or a physician. Tonight I rise that. I would highlight a bill that I and drill offshore and have cheaper gaso- with great concern about a develop- the gentleman from New York (Mr. line prices. It is not going to work. We ment across our country and especially WEINER) have introduced, the Commu- can drill safely offshore, and we need to nity Pharmacy Fairness Act, to give in rural America that is occurring in do so to prevent being held hostage by independent pharmacists the freedom regard to the loss of community phar- third-world countries. Mr. Speaker, to ban together to negotiate with drug macy. We are beginning the process of that’s just the way it is. manufacturers. losing that Main Street business and f Time is of the essence. Pharmacist that health care provider, the commu- Kody Krein from St. Francis, Kansas, CHILD SAFETY ACT nity pharmacist. he grew up in that town. His life goal In many communities across my (Mr. KENNEDY of Minnesota asked was to return to St. Francis as a com- State, and I am sure it is true around and was given permission to address munity pharmacist. He has given us the country, that community phar- the House for 1 minute.) until July 1 and then he will make a macist is struggling and the doors are Mr. KENNEDY of Minnesota. Mr. decision whether he can continue as beginning to close. Examples: today in Speaker, today I rise to thank the the sole pharmacist in that town. His Kansas, southeast Kansas, the popu- hardworking law enforcement that three kids are in the school system in lation less than a thousand people, have captured an escaped child sexual St. Francis, Kansas. It would be a ter- that pharmacist is closed for the last 4 predator, Michael Benson, making our rible thing to lose that community months, no other pharmacist in the family safer. I commend John Walsh pharmacist, to lose his family, and to community. The next pharmacy is 30– and his program, America’s Most lose that man’s hope for a career in his 35 miles away. This has an impact not Wanted, on their 888th criminal appre- hometown. That does not happen only upon the hospitals and doctors in hension out there making sure that we enough in rural America where a young that area, but clearly an impact upon are putting these predators behind son or young daughter actually is re- the community members, the patrons bars. turning home to the family commu- of that pharmacy, those who rely upon But 8 months ago, we passed the nity. There is no pharmacist in the St. the health care to be delivered by that Child Safety Act; and in the Child Safe- Francis area for 35 miles. We have a pharmacist. ty Act we have provisions that keeps short period of time before we can cor- My own father, 90 years old, rarely our families, our children safer. Yet it rect this. sees a doctor because if you see a doc- is being obstructed in the Senate. It is You may say this is a handful of ex- tor, that doctor will tell you something time for us to move forward, pass this amples. I am exercised about this issue. is wrong with him, and he does not legislation that is so vital to our chil- It is troublesome to me that this Con- want to know that. But he relies upon dren’s protection. I call for action and gress, this place, Washington, D.C., has his community pharmacist because he call on my colleagues to join me. become so political that we cannot ad- is there drinking a cup of coffee to put dress this issue, that if an issue is f the blood pressure cuff on his arm and brought to the floor that we are fearful b 1930 provide him advice and suggestions that the Democrats will make an issue about a healthy life. of it, that we have come to the point SPECIAL ORDERS That community pharmacist is an where nothing is done because there The SPEAKER pro tempore (Mr. important component of our business are political consequences to the issue CAMPBELL of California). Under the community, and it is a way we deliver even being discussed.

VerDate Aug 31 2005 02:36 May 03, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.057 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1954 CONGRESSIONAL RECORD — HOUSE May 2, 2006 There are challenges and problems during years of repeated deployment to woman from Florida (Ms. ROS- that are created by part D that need to Iraq? LEHTINEN) is recognized for 5 minutes. be addressed. These issues are so im- One such soldier is retired Naval Hos- (Ms. ROS-LEHTINEN addressed the portant to me that it is time for us to pital Corpsman Charlie Anderson who House. Her remarks will appear here- set aside the political bickering and ac- last Thursday spoke at an Iraq forum after in the Extensions of Remarks.) tually address the needs of the coun- that I organized. Charlie suffers from f post-traumatic stress disorder and now try. It is a political place that we work WHAT TO DO ABOUT SOARING OIL is a regional coordinator for Iraq Vet- in. We all know that, but the problem PRICES is that we simply cannot use politics as erans Against the War. an excuse to do nothing. It is time for I quote him in saying, ‘‘I was com- Mr. PAUL. Mr. Speaker, I ask unani- us to make certain that good things pletely untrained and unprepared for mous consent to claim my 5 minutes at occur and we cannot be responsible for what I experienced in Iraq.’’ He also this time. The SPEAKER pro tempore. Without the loss of a business, the loss of a fam- told us, ‘‘In the 7 years preceding my objection, the gentleman from Texas is ily, and the loss of three students in a deployment to the Middle East, I had not set foot in the desert or had any recognized for 5 minutes. classroom in rural communities across There was no objection. our country. training on how to fight or survive Mr. PAUL. Mr. Speaker, gasoline Mr. Speaker, I ask that we no longer there. I had fired my 9 millimeter serv- prices are soaring and the people are delay, that we bring attention to this ice pistol exactly once.’’ screaming, and they want something issue to the House floor. Is the mission accomplished for Faiza done about it now. al-Araji, an Iraqi civil engineer who re- $100 rebate checks to American mo- f cently fled Baghdad, the only home she The SPEAKER pro tempore. Under a torists will not cut it, nor will manda- has ever known? Faiza and her family tory mileage requirements for new ve- previous order of the House, the gen- left Iraq after her son, a student, was tleman from California (Mr. GEORGE hicles. Taxing oil profits will only detained for days by the Ministry of force prices higher. But there are some MILLER) is recognized for 5 minutes. the Interior without charges being very important things we can do imme- (Mr. GEORGE MILLER of California filed. After nearly a week of panicking, addressed the House. His remarks will diately to help. Faiza and her husband paid a ransom First, we must reassess our foreign appear hereafter in the Extensions of to have their son released. They were policy and announce some changes. Remarks.) told he had been detained because he One of the reasons we went into Iraq f had a beard, and was therefore prob- was to secure our oil. Before the Iraq ably a terrorist. MISSION NOT ACCOMPLISHED war, oil was less than $30 a barrel. The fact is, 3 years after President Today it is over $70. The sooner we get Ms. WOOLSEY. Mr. Speaker, I ask Bush’s ‘‘mission accomplished’’ pro- out of Iraq and allow the Iraqis to solve unanimous consent to speak out of nouncement, Iraq is still mired in their own problems the better. Since turn. chaos. Our troops are still sitting 2002, oil production in Iraq has dropped The SPEAKER pro tempore. Without ducks. They are halfway across the 50 percent. Pipeline sabotage and fires objection, the gentlewoman from Cali- world, and the United States is still are routine, and we have been unable fornia is recognized for 5 minutes. tangled up in a quagmire of epic pro- to prevent them. Soaring gasoline There was no objection. portions. prices are a giant, unintended con- Ms. WOOLSEY. Mr. Speaker, exactly Of the over 2,400 American soldiers sequence of our invasion, pure and sim- 3 years ago yesterday, President Bush who have been killed in Iraq, all but 139 ple. gave his speech about the military op- were killed after the President’s USS Second, we must end our obsession erations in Iraq and said they had be- ABRAHAM LINCOLN speech. Attacks for a military confrontation with Iran. come ‘‘Mission Accomplished.’’ against Iraqis, U.S. and coalition Iran does not have a nuclear weapon, Why was this speech important? Be- troops, and critical infrastructure have and according to our own CIA is not on cause in a single stroke, it revealed increased by nearly 25 percent since the verge of obtaining one for years. more about the President and his ad- then. Iran is not in violation of the Nuclear ministration than all of his other According to the Brookings Insti- Nonproliferation Treaty, and has a speeches combined. Paying attention tute, the Iraqi insurgency has tripled guaranteed right to enrich uranium for to the news, you will recall how on in strength since 2003. It is pretty clear energy, in spite of the incessant gov- that day President Bush, adorned in a by now that the ‘‘Mission Accom- ernment and media propaganda to the fighter pilot suit, rode shotgun in a plished’’ speech was just another exam- contrary. Iran has never been sanc- military jet that landed on the USS ple in a long pattern of the Bush ad- tioned by the U.N. Security Council, ABRAHAM LINCOLN aircraft carrier, and ministration playing up the political yet the drumbeat grows louder for at- a massive banner declaring ‘‘Mission theater while ignoring the facts on the tacking certain sites in Iran, either by Accomplished’’ was brashly displayed ground. conventional or even by nuclear means. in the background during his subse- Whether they are talking about tax Repeated resolutions by Congress stirs quent speech. cuts for the richest 1 percent of Ameri- up unnecessary animosity toward Iran, and creates even more concern about It seemed like a bold act put on by a cans, prescription drug coverage that future oil supplies from the Middle President who wanted to be perceived does not work for seniors, or the cost of military operations in Iraq and Af- East. as taking bold steps against our Na- We must quickly announce we do not ghanistan, this administration’s MO is tion’s enemies. But nothing had actu- seek war with Iran, remove the eco- to avoid revealing bad news at all cost, ally been accomplished to that point. nomic sanctions against her, and ac- even if it means toying with the truth. The problem is that the ‘‘mission’’ in cept her offer to negotiate a diplomatic It is like all of the bad stories are cut Iraq was not accomplished 3 years ago, solution to the impacts. An attack on and it certainly hasn’t been accom- out of the newspaper before they are Iran, coupled with our continued pres- plished today, which makes the mili- brought into the White House. ence in Iraq, could hike gas prices to $5 Mr. Speaker, let us accomplish some- tary jet landing and ensuing speech 3 or $6 per gallon here at home. By con- years ago far short of bold. It was a thing that will help secure America trast, a sensible approach to Iran could grandly staged political stunt, pure and Iraq for the future and save thou- quickly lower oil prices by $20 a barrel. and simple. sands of innocent lives in the process. Third, we must remember that prices Let us talk about ‘‘Mission Accom- Let us accomplish an end to the pain of all things go up because of inflation. plished.’’ For whom exactly is this mis- and suffering felt by the hundreds of Inflation, by definition, is an increase sion accomplished? Is the mission ac- thousands, and let’s end the war in Iraq in the money supply. The money sup- complished for our troops, many of and bring our troops home now. ply is controlled by the Federal Re- whom have returned home from Iraq f serve and responds to the deficits Con- forever changed as a result of the phys- The SPEAKER pro tempore. Under a gress creates. When deficits are exces- ical and mental trauma they endured previous order of the House, the gentle- sive, as they are today, the Fed creates

VerDate Aug 31 2005 02:36 May 03, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.060 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1955 new dollars out of thin air to buy Now, this is the same Exxon that has tional interest not to have the econ- Treasury bills and keeps interest rates yet to pay the $4.5 billion in punitive omy take a nosedive again because of artificially low. But when new money damages awarded in the Exxon Valdez our dependence on imported petroleum. is created out of nothing, the money case 17 years ago. They haven’t even The other body is contemplating the already in circulation loses value. paid off those they harmed. cute idea of a $100 tax rebate to every b 1945 Now, not to be outdone, citizen. Well, what does that do about ConocoPhillips said its earnings rose 13 the price of gasoline? What does that Once this is recognized, prices rise, percent, to $3.29 billion, just in the do about converting the type of fuel some more rapidly than others. That is first quarter of this year. you put in your tank and making what we see today with the cost of en- Now, Chevron Corporation’s first America energy independent again? ergy. quarter profits soared 49 percent, to $4 What does this do to end our presi- Exploding deficits due to runaway billion, as the firm joined the proces- dentially decreed addiction to oil from entitlement spending and the cost of sion of U.S. oil companies reporting co- unstable regimes? All it does is it dangerous militarism create pressure lossal earnings. transfers wealth to those very same for the Fed to inflate the money sup- Meanwhile, constituent after con- companies that are locking out the ply. This contributes greatly to the stituent in my district tells me they new future for America, the new en- higher prices we all claim to oppose. If can no longer afford weekend family ergy future we needed to embark upon we want to do something about gas trips due to gas prices. People are only in the last century and, sadly, we did prices, we should demand and vote for filling their tanks up halfway, hoping not have the leadership to do it. greatly reduced welfare and military prices will drop and they will not have So profits are up again. Golden para- spending, a balanced budget, and fewer to pay these exorbitant prices. chutes are being readied. The industry regulations that interfere with the Other companies like Halliburton, snubs its nose at the consuming public market development of alternative think about this. We have a Vice Presi- that can’t afford these prices. The Bush fuels. We also should demand a return dent. He got a tax refund of nearly $22 government says, trust us, let’s just to a sound commodity monetary stand- million. Halliburton is an oil servicing study some more. That is all we need ard. All subsidies and special benefits firm that has gotten so many no-bid to do is study. to energy companies should be ended; contracts from this government related Is it any reason the American people and, in the meantime, let’s eliminate to the war in Iraq and other oil-related are upset? They have a right to be Federal gas taxes at the pump. expenditures. Come on. Can’t we con- upset. We need leadership in this gov- Oil prices are at a level where con- nect those dots? Can’t we figure out ernment. No more followership. sumers reduce consumption volun- what’s going on here? tarily. The market will work if we let [From The Blade: Toledo, Ohio, Friday, Apr. Farmers tell me that higher fuel 28, 2006.] it. But as great as the market economy costs mean their already ultra-slim is, it cannot overcome a foreign policy QUARTERLY PROFIT TOPS $8 BILLION AT EXXON margin of profit is likely to disappear. MOBIL that is destined to disrupt oil supplies Small businesses worry about wheth- ASSOCIATED PRESS and threaten the world with an ex- er or not they can impose delivery sur- panded and dangerous conflict in the DALLAS—Exxon Mobil Corp. posted the charges to make up for higher fuel fifth-highest quarterly profit for any public Middle East. costs. company in history yesterday, and with oil The SPEAKER pro tempore (Mr. Now, all the President of the United prices above $70 a barrel it could go down as CAMPBELL of California). Under a pre- States says, listen carefully. He says the company’s weakest quarter for the year. vious order of the House, the gen- we have to study this. Hmm. He says Exxon Mobil’s first quarter was lower than tleman from New Jersey (Mr. PALLONE) we have to study this. We have to its record fourth-quarter, when the world’s largest oil company reported the highest is recognized for 5 minutes. study the profits. (Mr. PALLONE addressed the House. profits ever for any publicly traded company. Mr. President, we need to do some- And the earnings, which rose 7 percent to His remarks will appear hereafter in thing. The President says that these the Extensions of Remarks.) more than $8 billion, still fell short of ana- companies should reinvest their money lysts’ estimates. f in energy projects here. But keep in But, in what is sure to spur the growing RECORD OIL COMPANY PROFITS mind that Exxon officials told the staff furor over outsized energy industry earnings, Exxon Mobil’s massive profits may only in- Ms. KAPTUR. Mr. Speaker, I ask of the House Energy and Commerce Committee this year that Exxon crease in 2006 as it benefits from rising unanimous consent to claim Mr. crude-oil prices and production, analysts PALLONE’s time. doesn’t intend to spend any money in say. The SPEAKER pro tempore. Without this country because of flat demand for ‘‘This is only the beginning,’’ said Fadel objection, the gentlewoman from Ohio petroleum products by the year 2030. Gheit, analyst for Oppenheimer & Co. ‘‘Let is recognized for 5 minutes. So the President appears to be some me tell you, it gets better after that. Oil There was no objection. days late and a refinery short. prices will add huge amounts to earnings, at Ms. KAPTUR. Mr. Speaker, I hope Something the President could do, least a billion dollars.’’ the American people are paying atten- using his Presidential authority, is to The earnings report comes amid consumer change the Strategic Petroleum Re- outcry in the United States about soaring tion to the massive oil company profits gasoline prices, which average $2.91 a gallon being made off of the pocketbooks of serve to a Strategic Fuels Reserve and nationwide, or 68 cents higher than a year our people. Gasoline prices have gone begin converting this country to non- ago. up 68 cents just since last year per gal- oil-based fuels. His agriculture bill It also lands as Washington lawmakers are lon. Gasoline prices are soaring. I left didn’t do that. We put a title IX in the looking to appease voters with various pro- Ohio this morning after casting my agriculture bill to convert quickly. We posals to make big oil companies pay more vote in the primary election. Gas was can do ethanol and biodiesel right now. taxes or provide consumers with some other $3 at the pump, and some of the brands But guess who won’t sell it? Every one relief. But everyone acknowledges that little of those oil companies. can be done in the short term to bring down were as high as $3.85 a gallon. prices. Who are we making rich? Think about the communities you ‘‘If we had a silver bullet, we, would be pro- ExxonMobil, they are number one. live in. Let’s say you buy a Ford Tau- posing it to Washington, right now,’’ said They declared a record quarterly profit rus that is an E85, and you can put eth- Ken Cohen, the company’s vice president of of $8.4 billion, 7 percent more than they anol in the tank. Unless you are from public affairs. He said Exxon Mobil was in- made last year. Meanwhile, their chair- Minnesota or Iowa, where are you vesting a growing portion of its profits in man, Lee Raymond, is planning on his going to buy the fuel? Guess who locks new oil and gas production, and that the retirement. His package totals $400 you out at the pump? Every single one company is sympathetic to the added en- of those companies, because they want ergy-price burden on consumers. million when all pension payoffs and Still, he said consumers and members of stock options are included. business as usual. Congress need to ‘‘take a deep pause and a I have often asked myself, what does At some point, we have to do what is deep breath’’ because market forces will somebody do with $400 million? When is right for the country before any single eventually bring supply and demand back enough enough? company’s interests. This is in the na- into balance. He said Congress could help

VerDate Aug 31 2005 04:25 May 03, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.064 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1956 CONGRESSIONAL RECORD — HOUSE May 2, 2006 matters longer term by removing barriers to Last year, in the House, we passed The SPEAKER pro tempore. Under a domestic drilling. the Gas Act that would not only previous order of the House, the gen- The increasing public scrutiny of Exxon ar- streamline the process of expanding re- tleman from Oregon (Mr. BLUMENAUER) rives less than a month after the news that the company handed its former chairman fineries but also provide, for the first is recognized for 5 minutes. and chief executive officer, Lee Raymond, a time, a Federal criminal penalty for (Mr. BLUMENAUER addressed the $400 million retirement package, when all price gouging in gasoline or diesel fuel House. His remarks will appear here- pension payoffs and stock options are in- cells. after in the Extensions of Remarks.) cluded, that sparked headlines across the Additionally, Mr. Speaker, we ought f country and calls in Washington to justify to stop giving tax incentives to big oil The SPEAKER pro tempore. Under a the huge compensation. and gas producers when they are al- In January, Exxon posted the highest quar- previous order of the House, the gen- terly profits of any public company in his- ready reporting record profits. That is tleman from Indiana (Mr. BURTON) is tory: $10.71 billion for the fourth quarter of why last year I introduced legislation recognized for 5 minutes. 2005 and $36.13 billion for the full year. with Congressman MARK UDALL to re- (Mr. BURTON of Indiana addressed Howard Silverblatt; a senior index analyst direct $2.5 billion in tax incentives the House. His remarks will appear for Standard & Poor’s, said the latest profit away from the oil and gas companies, hereafter in the Extensions of Re- figure still places Exxon fifth historically instead put it towards doubling incen- marks.) among quarterly earnings. Exxon also holds tives for E85 ethanol, hybrid and hy- f the first, second, and fourth spots; Royal drogen vehicle production. Dutch Shell PLC has the third spot. RECOGNIZING C. RICHARD VAUGHN In the first quarter, net income rose to $8.4 Renewable fuels are the key to our billion, or $1.37 per share, from $7.86 billion, energy independence and to freeing Ms. FOXX. Mr. Speaker, I ask unani- or $1.22 per share, a year ago. Roughly three- drivers from the high cost of imported mous consent to take Mr. BURTON’s quarters of that profit came from the com- oil. We need only look to my home time. pany’s upstream division, which produces oil State of Minnesota, which has been The SPEAKER pro tempore. Without and natural gas. leading the Nation in developing re- objection, the gentlewoman from North Analysts polled by Thomson Financial Carolina is recognized for 5 minutes. were looking for a higher profit of $1.47 per newable fuels. Minnesota was the first share for the latest quarter. state to require ethanol be sold in all There was no objection. Analysts and company executives identi- gasoline and has been instrumental in Ms. FOXX. Mr. Speaker, I rise today fied two major contributors to coming up a the development of E85 fueling sta- to recognize and congratulate my dear dime short: higher taxes on oil and gas pro- tions, with over 100 such stations friend, Mr. C. Richard Vaughn of duced abroad and reduced income from throughout the State. Mount Airy, North Carolina, for being Exxon’s refining business, which spent heav- Mr. Speaker, the proof is at the awarded the 2006 Distinguished Citizen ily on maintenance in the aftermath of last pump. These policies have resulted in Award from the Old Hickory Council of year’s hurricanes. Minnesota gas prices being amongst Boy Scouts of America. This pres- f the lowest in the country. It is com- tigious honor is given annually to one HIGH GAS PRICES mon in Minnesota to see E85 being sold individual from Northwestern North The SPEAKER pro tempore. Under a for 50 cents less than regular gasoline. Carolina who best exemplifies the previous order of the House, the gen- These savings should be enjoyed na- ideals of scouting through contribu- tleman from Minnesota (Mr. KENNEDY) tionwide, which is why I am pleased to tions to community, State and coun- is recognized for 5 minutes. be an original cosponsor of H.R. 4357, try. In receiving this award, Richard Mr. KENNEDY of Minnesota. Mr. which was introduced last year by my joins an impressive fraternity of past Speaker, as we well know, the rising fellow Minnesotan Congressman GUT- recipients, including Senators Jesse cost of gasoline is a burden on hard- KNECHT. This bill would require that Helms and Richard Burr. working families and on small busi- our country adopt Minnesota’s model I have had the honor and privilege of nesses across the country. that all gasoline should contain 10 per- knowing Richard for the past 12 years Recently, the price of crude oil hit cent renewable fuels. and can honestly say that there are the historic high of $75 a barrel. The We must get beyond the partisanship very few people as deserving of this average price of gasoline is now a and obstruction that is blocking these award as he is. Richard is a true asset whopping $2.92 cents a gallon, and it additional measures. We have now to the State of North Carolina and the shows no sign of dropping before the waited for a year. We cannot afford to Town of Mount Airy. The driving force busy summer travel season. wait for 4 years. We must act now. in his life is a strong desire to serve While much of this is the result of in- But we also must, in the meantime, others and make his community a bet- creasing demand generated by our make sure that the high gas prices ter place. growing economy and increased insta- don’t destroy the strong economic Richard has truly exemplified the bility in Iran and other oil-producing growth that is providing jobs to so principles of Boy Scouting throughout countries, Congress has a duty to take many. One of the first things we should his life from the time he was a young action. do is a temporary suspension of the Eagle Scout. He has served our Nation Some in Congress like to play poli- Federal gas tax. Suspending the gas as a First Lieutenant in the United tics on this issue. The American people tax will produce an immediate 18.4 cent States Army and has remained incred- don’t want cheap political games and per gallon savings for motorists when ibly active in community and civic af- stunts. They want and deserve solu- they fill up their tanks. That is why I fairs throughout his adult life. He tions. will be introducing legislation to sus- serves as Chairman of the Board of We provided good solutions in the pend the Federal gas tax throughout Trustees of Central United Methodist strong conservation and renewable en- the summer driving season. Church in Mount Airy, as past presi- ergy titles of the energy bill that we Highway trust fund revenue lost from dent of the Mount Airy Museum of Re- passed last year. Had it not been for this temporary suspension would be gional History, as past president of the political gamesmanship, these meas- paid back and the fund made whole by North Carolina State Chapter of Sigma ures, which languished in Congress for fixing an oversight that has allowed Nu Fraternity, as past vice president of 4 years after we passed it in the House, some oil and gas companies to escape the United Fund of the Greater Mount would already be reducing gas prices paying what they owe under the law to Airy Chamber of Commerce, as presi- with more hybrid and E85 ethanol cars the Treasury. Unlike other measures, dent of the Reeves YMCA Community on the road and more biofuels to fuel we can do this now, providing imme- Center, as chairman of the Mount Airy them. diate relief to drivers hurting at the Board of Education, as an executive Instead, these policies are just being pump. committee member of the Old Hickory implemented now. Over time, I believe Mr. Speaker, high gas prices hurt Council of Boy Scouts of America, and that last year’s energy bill will help American families and threaten our as the former Scoutmaster of Troop 596 bring down the cost of energy for con- growing economy. We have a duty to of Mount Airy. sumers, but, in the meantime, we must respond. Let’s stop the politics and get He has also served as the Chairman do more. to work. of the Board of Directors of the North

VerDate Aug 31 2005 02:36 May 03, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MY7.045 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1957 Carolina Granite Corporation, Chair- tleman from Illinois (Mr. EMANUEL) is fiscal path, that will determine, that man of Riverside Building Supply, In- recognized for 5 minutes. will actually ensure that our children, corporated, and on the Board of Direc- (Mr. EMANUEL addressed the House. our grandchildren have a lower stand- tors of Insteel Industries and United His remarks will appear hereafter in ard of living than we do. Plastics Corporation. the Extensions of Remarks.) So, Mr. Speaker, this is the week He also serves on the Board of Trust- f where we are due to vote on the budg- et, and the budget is always a time of ees for North Carolina State University The SPEAKER pro tempore. Under a great debate in this institution. And I and is a past member of the North previous order of the House, the gen- hope that the American people focus on Carolina Board of Transportation and a tleman from Michigan (Mr. STUPAK) is past member of the Board of the North the fact that the budget is more than recognized for 5 minutes. just numbers; it is more than just get- Carolina State Ports Authority. (Mr. STUPAK addressed the House. Richard attended North Carolina ting out a pencil with a stubby eraser; His remarks will appear hereafter in it is more than just red ink and black State University where he received a the Extensions of Remarks.) Bachelor of Science degree in nuclear ink, and, unfortunately, it has been a engineering. Upon graduating, he f lot more red ink than black ink. It is served in the U.S. Army Ordnance The SPEAKER pro tempore. Under a really about priorities. It is about the Corps from 1961 to 1964. Afterward, he previous order of the House, the gentle- society that we want to have. It is returned to Mount Airy and started woman from Florida (Ms. CORRINE about the legacy that we will leave the working for his former Scoutmaster, BROWN) is recognized for 5 minutes. next generation. Mr. John S. Clark, at the John S. Clark (Ms. CORRINE BROWN of Florida ad- I personally got into the parenthood dressed the House. Her remarks will business 4 years ago. I have a 4-year- Construction Company. Richard has 1 thrived in his nearly 40-year career at appear hereafter in the Extensions of old daughter and a 2 ⁄2-year-old son. And I think a lot about the kind of John S. Clark and has contributed Remarks.) America that I want my children to greatly to the company’s impressive f grow up in and all the children that I growth and success. Now Richard THE FEDERAL BUDGET see in the Fifth Congressional District serves as the Chief Executive Officer of of Texas that I have the honor to rep- the company. The SPEAKER pro tempore. Under resent in this body. I want to leave my Mr. Speaker, Richard Vaughn has the Speaker’s announced policy of Jan- children a legacy of greater hope, contributed greatly to his hometown, uary 4, 2005, the gentleman from Texas greater freedom, and greater oppor- his State and his country, both (Mr. HENSARLING) is recognized for 60 tunity. I do not wish to leave them a civically and professionally. Richard minutes as the designee of the major- legacy of greater debt, greater taxes, and his lovely wife, Betty Kay, have ity leader. and more big government bureaucratic also been excellent role models for Mr. HENSARLING. Mr. Speaker, we solutions. That is not the America I their children and grandchildren. I have just received some news yesterday which I hope will sufficiently alarm want to leave them. I think that if we commend him for his commitment to will just ford the frontiers of freedom, service and congratulate him for re- every big spender that we have in the United States House of Representa- if we can have smart government, lim- ceiving the 2006 Distinguished Citizen ited government, accountable govern- Award. tives. Yesterday we received the an- nual report on the financial well-being ment, then our children and grand- f of Medicare and Social Security from children can have an even brighter fu- b 2000 the trustees of those funds. They re- ture than what we enjoy today. But as we debate this budget, it is a The SPEAKER pro tempore (Mr. port that the fiscal situation has again deteriorated and, in fact, Social Secu- little bit like that film with the come- CAMPBELL of California). Under a pre- dian called ‘‘Groundhog Day,’’ where it vious order of the House, the gen- rity will become broke in 2040, 1 year sooner than expected, and Medicare seemed like he, Bill Murray, relives the tleman from Ohio (Mr. BROWN) is rec- same day over and over. And for those ognized for 5 minutes. will go broke in 2018, 2 years sooner than expected. of us who have been veterans of these (Mr. BROWN of Ohio addressed the budget debates, it seems like the de- House. His remarks will appear here- This is not good news, Mr. Speaker; but a number of us have been speaking bate points never change. Maybe the after in the Extensions of Remarks.) numbers do and the situation gets out for weeks, for months, for years f more serious, but the debating points that we must do something in this The SPEAKER pro tempore. Under a do not seem to change. previous order of the House, the gen- body to change the fiscal path that we So first, Mr. Speaker, there will be a are on. tleman from Oregon (Mr. DEFAZIO) is number of different budgets that we de- recognized for 5 minutes. Now, today, if you are a senior re- bate; but my guess is, if history is our ceiving Medicare, receiving Social Se- (Mr. DEFAZIO addressed the House. guide, it will come down to one Repub- His remarks will appear hereafter in curity, you are going to be fine. But lican budget and one Democrat budget. the Extensions of Remarks.) there is this great big baby boom gen- Now, the Democrats will tell us that eration that has been paying billions all these programs are being cut and if f and billions of dollars into the funds, The SPEAKER pro tempore. Under a you will only send more money to and soon they will be taking from the Washington, we can solve all these previous order of the House, the gen- funds; and the fiscal situation will de- tleman from Pennsylvania (Mr. problems for the American family. If teriorate rapidly. you will just trust Washington, if you WELDON) is recognized for 5 minutes. The challenge that we have, though, (Mr. WELDON of Pennsylvania ad- will just trust the liberal elite in the Mr. Speaker, is that too many people dressed the House. His remarks will ap- Nation’s capital who know better in the Federal city, too many people in pear hereafter in the Extensions of Re- about your family than you do, then this body, are focused on the next elec- marks.) everything will be fine. tion and not the next generation. Let me tell you, Mr. Speaker, what f Now, the report we received is cer- has been happening. First, Washington, The SPEAKER pro tempore. Under a tainly not a crisis. It is not something D.C., our Federal Government, is now previous order of the House, the gen- we have to take care of today. We do spending, last year, starting with last tleman from California (Mr. COSTA) is not have to take care of it tomorrow, year, over $22,000 per household. This is recognized for 5 minutes. do not have to take care of it next only the fourth time in the entire his- (Mr. COSTA addressed the House. His week. But let there be no doubt about tory of America that the Federal Gov- remarks will appear hereafter in the it, if we want to preserve Medicare and ernment has spent this much money. It Extensions of Remarks.) Social Security as we know these pro- is the first time since World War II f grams for the next generation, steps that the Federal Government has The SPEAKER pro tempore. Under a must be taken today. Otherwise, we taken so much money away from hard- previous order of the House, the gen- will put our Nation on a course, on a working American families to bring up

VerDate Aug 31 2005 03:10 May 03, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.071 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1958 CONGRESSIONAL RECORD — HOUSE May 2, 2006 to Washington, D.C. And as you can doing that because we have gotten in- a direct result of the tax cuts, letting tell from this chart, frankly, the trend volved in things we should not be in- the people keep more money in their line is very, very worrisome. And in volved in. pockets. Frankly, we have got to do just the past decade, look at what has The number one role of the Federal more of that. We have got to cut back happened: the average family income, Government is to provide for the de- on Federal spending. We have got to as measured by median family income, fense of this country. However, what get the Federal Government out of 10 years ago was roughly $45,000 per has happened is that over time Mem- many of the programs that it is in- family of four. As you can tell from bers of the Congress and the executive volved in and set some priorities. this bottom line, it has now increased branch have decided that we should be Our number one priority has to be over 10 years to about $62,000 for a fam- like Santa Claus to the country and we the defense of this Nation because ily of four. should get involved in many, many State governments cannot do that and But look at what has happened to the other kinds of programs. We are very local governments cannot do that. We Federal budget. Ten years ago it was much involved in education. We are have to do that at the Federal level. about $1.6 trillion, and now it is ap- very much involved in health care That is our number one priority. proaching $2.6 trillion for the next through Medicare and Medicaid. We b 2015 year. The Federal budget has outpaced have the Social Security program, the family budget by almost a full which is, I think, a cruel hoax on the Then if we have funds to do other third in just the last decade. And the American people. We have told the things, we must set our priorities based future trends are even more alarming. American people that we will provide on what are the proper roles of the So, Mr. Speaker, tonight I want us to for their retirement through the Social Federal government. Frankly, those focus on what the future is going to Security program; and as my col- roles are very narrow. We have to get look like if we do not change big spend- league, Mr. HENSARLING, has pointed back to a situation where we examine ing ways in Washington and what the out, we keep getting sobering informa- every program that we fund in the Fed- future can look like if we will just have tion about the requirements we have eral government against those prior- smart government, limited govern- established for ourselves and what ities and against what is outlined in ment, accountable government, and mechanisms we have for taking care of the Constitution for us to do. trust the American people and trust those requirements. I am really proud again to be a small freedom and trust hope and trust op- We have created, in the lexicon of our part of this presentation tonight where portunity. government, some terms that we need my colleagues are going to present the At this point, though, I am very to get out of our lexicon. The word facts about where we stand with the happy, Mr. Speaker, that we have been ‘‘entitlement’’ is something that is budget and what we need to do to get joined by an outstanding Member of used a great deal. There is no such our fiscal house in order in this coun- the freshmen class who has been a real thing as an entitlement from the Fed- try. We have seen socialism fail in Eu- leader in the United States Congress in eral Government, but we have created rope and in other countries. We know trying to protect the family budget that over the years by our interest in it doesn’t work, and yet there are peo- from the Federal budget, to try to re- creating power for ourselves here in ple in this country who think we can strain out-of-control Federal spending. the Congress. And it is a very insidious keep spending without regard to ever Mr. Speaker, I yield to the gentle- thing that has happened, which we having to come to account for that woman from North Carolina (Ms. need to do something about. spending. FOXX). We also talk all the time about man- I am happy to tell you tonight you Ms. FOXX. Mr. Speaker, I thank Rep- datory spending. Mandatory spending are going to understand some of the resentative HENSARLING for yielding. is talked about in terms of Social Se- things that we are doing that are cre- We all owe him a great debt for the curity, Medicare, Medicaid. These are ating our problems and what we might work that he does in getting us this programs that are put on automatic do in this country to solve this prob- kind of information about what is hap- pilot, and nobody ever deals with them. lem of overspending and get ourselves pening with the budget. He has been a Oh, every year somebody comes up back on track that will lead to eco- tremendous leader not just in the Re- with a study such as Congressman nomic healthiness, instead of economic publican Study Committee, where we HENSARLING mentioned, and then peo- sickness in this country. talk about these things a great deal, ple get nervous and then they stop Mr. HENSARLING. Mr. Speaker, re- but here on the floor, bringing the at- talking about it. claiming my time, again, I thank the tention of the American people as well Our colleagues on the other side talk gentlelady from North Carolina for her as the Members of Congress to these all the time about the deficit. But day great leadership in this body on trying issues. after day after day, they talk about to bring fiscal sanity to the Federal I say over and over again, when I get both the deficit and then how we are city and do something that can really a chance to do so in small groups and not spending enough money on various make a difference in the lives of her in large groups, that what we have to programs. We cannot have it both constituents and for all Americans. refocus on in this Congress is the role ways, but yet we continue to try to Mr. Speaker, again we are talking to- of the Congress and the role of the Fed- have it both ways, and we have tried to night on the precipice of the great eral Government. What has happened convince the American people that we budget vote which occurs here in Con- in this country is we have allowed the can have it both ways. But we cannot gress each and every year. I think it is Federal Government to get its tenta- do that. important that we get a number of cles into all kinds of issues that it has There is a big difference. The dif- facts out before this debate takes no business being in. ference is that the folks on the other place. People are always entitled to The Founders of this country were side think they know how to spend their own opinions, but they are not very, very concerned about the role of your money better than you know how entitled to their own facts. the Federal Government and wanted to to spend your money. Republicans have One of the opinions you will hear keep a weak Federal Government and the opposite opinion. They think that from Democrats on the other side of strong State governments. It made you know how to spend your money the aisle is that somehow the Repub- sense to do that. One of the ways that better than the government knows how lican budget is going to cut taxes. Well, they did that was to spell out clearly to spend your money. And to do that, I have looked very carefully at this what the responsibilities of the Federal we have made tax cuts in the last few budget. It doesn’t cut taxes. What it Government would be and then say ev- years. I was not here when the major does is it preserves the tax relief that erything not mentioned here remains tax cut was made in 2001, but it is real- has already been given to the American with the States. That is the 10th ly responsible for why our economy is people in previous years. In other amendment of the Constitution. And growing as well as it is growing. We words, Mr. Speaker, it prevents a Dem- we do not pay enough attention to that have these terrible situations looming ocrat tax increase. amendment, I think, on a day-to-day out there on the horizon, but the econ- The American people, very few of basis in this body; and we need to be omy right now is doing well, and it is them know this, but in Washington

VerDate Aug 31 2005 03:10 May 03, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.080 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1959 spending is forever and tax relief is Mr. CHOCOLA. Mr. Speaker, I want Unfortunately, the American people temporary. You have got to keep on to thank the gentleman from Texas for and many Members of Congress don’t voting to just keep the tax relief that yielding and thank him for his leader- appreciate the situation we are in you have already received. Yet spend- ship on budget process reform, spend- fully. ing goes on forever. ing and many other very important So I have introduced a piece of legis- I think it was President Reagan who issues. I appreciate you bringing us to lation. I think it has been cosponsored once said that the closest thing to eter- the floor tonight to talk about what I by the gentleman from Texas. It is nal life on Earth is a Federal program, think is the most important challenge called the Truth in Accounting Act. All and indeed he was correct. we face as a Nation, because if we don’t that that does is require the Federal So, let’s talk a little bit about what solve our fiscal challenges, really noth- government to share with the Amer- would happen if the Democrats succeed ing else matters. ican people and all Members of Con- in making sure that they have a huge, Since I was elected a few years ago, gress fully the extent of our unfunded automatic tax increase. They say that one of the probably most knowledge- liabilities. any fiscal woe that we have in the Na- able, honest, straightforward people I Today, our unfunded liabilities stand tion is somehow the result of tax relief have talked to about fiscal issues in at $46 trillion. Just a few years ago, in that was given out in earlier years. Congress is a guy named David Walker. 2000, they were at $20 trillion. So just If they have their way, if they roll He is the head of the GAO, the Comp- over 5 years they have more than dou- back all the tax relief that has oc- troller General of the United States. bled. curred, tax rates will rise substantially What I would like to do is just share When I go around my district and in each and every bracket on American with you part of an op-ed that he put in talk about fiscal issues and people say families, right now when many of them an Atlanta newspaper recently. I will how big is the national debt, I say $8.3 are struggling to fill up the family share here. trillion. People are appalled. But to put pickup truck or the family car. ‘‘News flash: The largest, most com- this in perspective, we could fully pay Low-income taxpayers, if the Demo- plex and arguably the most important off our national debt today and we crats have their way and raise taxes on entity on the face of the Earth recently wouldn’t even come close to meeting the American people, the 10 percent failed an external audit for the ninth our financial obligations. The $46 tril- bracket will disappear and the 15 per- straight year.’’ Let me repeat that, Mr. lion is money we know we owe. If the cent bracket will come back. That Speaker. Entity failed an audit for 9 United States Government was a public means our lowest wage earners who straight years in a row. ‘‘It also re- company, it would have to disclose pay taxes, our lowest wage earners who ceived an adverse opinion on its system those unfunded liabilities. pay taxes under the Democrat plan will of internal control over financial man- I am the only Member of Congress see a 50 percent increase in their taxes. agement and reporting. that I am aware of that ever served as They call that compassion. ‘‘If that is not bad enough, this enti- CEO of a publicly traded company. Be- Married taxpayers will see the mar- ty overspent by $319 billion on a cash cause of that, I understand that if any riage penalty return, costing American basis,’’ that is billion dollars, on a cash public company in America accounted families thousands of dollars. Tax- basis, and on an accrual basis, it was for its business the way the Federal payers with children will lose 50 per- $760 billion in fiscal 2005. ‘‘Worse yet, government accounts for its business, cent of their child tax credits if the the accumulated liabilities and un- the management team would be in jail. Democrats have their way, if their funded commitments for this entity Public companies are required to ac- budget is passed. The American people, have risen from about 20 trillion,’’ that count a certain way to result in trans- Mr. Speaker, need to read the fine is with a T, ‘‘at the end of fiscal year parency and accountability. I think we print. 2000 to more than 46 trillion,’’ with a T, should expect no less from the Federal Now, the Democrats will rail against ‘‘at the end of fiscal year 2005. government. So, again, the Truth in the deficit, but they won’t admit that ‘‘If this news flash were related to Accounting Act simply requires the under their budget, all these taxes in- any multinational corporation, it Federal government in the annual fi- crease on American families. Taxes on would have been on the front page of nancial reports to disclose the un- dividends and capital gains will jump every newspaper in the world and at funded liabilities that this Nation by as much as 100 percent. Half of the top of every news broadcast in the faces. American families are invested in the world. However, this news flash doesn’t Why I think it is so important is be- stock market in their 401(k) plans. It is relate to a company, it relates to a cause the better understanding there is their retirement, particularly since the country, the United States of America. of our financial challenges, the better Democrats refuse to do anything to ‘‘As Washington embarks on its policy we can enact. Because until we save Social Security for the next gen- budget cycle, the facts are clear and can define the problem, we won’t have eration. compelling that the Federal govern- serious efforts to solve the problem, The depreciation period for leasehold ment is on an imprudent and and I think it is so critical that we improvements will increase from 15 to unsustainable fiscal path that, if not don’t pass along a debt to our children 39 years on small business, the job en- effectively addressed, could serve to that they simply can’t afford. gine of America. If the Democrats have swamp our ship of state. Our current The analogy I use is Congress is kind their way in their budget, taxes will in- course doesn’t just threaten our future of like the Levee Commission. If recent crease on small businesses. And the list economy and quality of life, but also history has taught us anything, when a goes on and on and on. our long-term national security.’’ storm is coming, you must strengthen Mr. Speaker, at this time, I am very Mr. Speaker, I think we could talk the levee. We know that the storm is happy to see that we have been joined about a lot of things tonight. We could coming. In fact, it is a Category 5 hur- by truly one of the great leaders in talk about immigration. We could talk ricane. By publishing our unfunded li- Congress to combat waste and fraud about just about anything, and it real- abilities clearly and accurately, I and abuse and duplication and I guess ly doesn’t matter as much as what I think that we will see that the sirens really dumb government. I am very just read from David Walker. Because, will go off, that the American people happy to be joined by a dear friend of by 2040, we will spend on entitlement will demand that we address this re- mine and colleague, the gentleman spending, including Social Security sponsibly, and they will not reelect from Indiana, Mr. CHOCOLA, who hap- and Medicare and interest, more than Members to this body that don’t stand pens to be also the coauthor, along we have in revenue coming in. So that up and do the right thing and not pass with myself and Mr. RYAN of Wis- means by 2040, not that long from now, it along to future generations or future consin, of the Family Budget Protec- we will not have any money for edu- Congresses. tion Act, which is the most comprehen- cation, we will not have any money for I appreciate the gentleman bringing sive piece of budget reform legislation defense, we will not have any money us down here tonight. I appreciate his that could be passed by this Congress. for agriculture, we will not have any leadership on these issues. Certainly as I am very happy to be joined by him. I money for anything. responsible Members of this body, we would at this time yield to him to get I think it is important. To solve a must address this sooner, rather than his perspective. problem, we have to define a problem. later.

VerDate Aug 31 2005 03:10 May 03, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.081 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1960 CONGRESSIONAL RECORD — HOUSE May 2, 2006 Mr. HENSARLING. Mr. Speaker, re- er, we do not want to take this fork in economy in just the last couple of claiming my time, I thank the gen- the road. We want to back up and we years. Five million new jobless. We tleman for his leadership. Anything want to get on the right road. Again, have had 30 consecutive months of un- called ‘‘truth in accounting’’ is going that is why this budget debate is so im- interrupted job growth, and we have to be a very foreign topic in this body. portant in this budget vote. actually got unemployment down. The Mr. Speaker, this is precisely what Now, again, there will be different al- unemployment rate today is lower we need. The analogy or the metaphor ternative budgets debated. But it is than the average of the 1970s, of the that the gentleman from Indiana used going to come down to one Democratic 1980s, and of the 1990s. And yet Demo- is truly an apt one. As great as the budget and one Republican budget. And crats want to have a huge automatic tragedy that Hurricane Katrina was, the Democratic budget, again their an- tax increase and take this away. think how much greater a tragedy that swer is more spending and more taxing, Right now more Americans than ever would have been had we not seen the taking more money away from fami- own their own home. We have the high- hurricane coming, had it been like that lies. est rate of homeownership in the entire tsunami that hit in Asia, where people Every time you vote to increase a history of the United States of Amer- didn’t see it coming, and tens of thou- Federal program, you are taking ica. Household net wealth has now sands perished. money away from some family pro- reached $51 trillion, which is an all- We see this coming. But our chal- gram. Now, let us talk a little bit time high. lenge, Mr. Speaker, it is not coming to- about some more truths that need to Average hourly earnings grew, and morrow, it is not coming next week, come out. Well, number one, again, the pay rose by 31⁄2 percent. Inflation con- but it is coming, and we have an oppor- Democrats will say that we have a tinues to be low. Now, again, there is tunity to do something about it. huge deficit, and that is perhaps the clear work that has to be done on the Let me tell you, Mr. Speaker, going only item we might agree with them on the thing that the gentleman from price of gasoline, and that is a grey lin- on. ing in what otherwise would be a big Indiana spoke about, what does the fu- Yes, the deficit is too large. But the ture look like if we choose to do busi- silver cloud. deficit is too large because we are Now, some people might say, well, ness as usual, if we choose to follow the spending too much, not because the Democrat’s lead and just keep on how do you give tax relief and create American people are undertaxed. They jobs? Well, it was not that long ago, spending and spending and taxing and will say that all of the President’s tax taxing and taxing and spending? Mr. Speaker, that I visited a small relief from previous years has somehow business in Jacksonville, Texas, in my Let me tell you. Former chairman contributed to this incredible national Alan Greenspan said, ‘‘We are very district, in the 5th District of Texas. debt that the gentleman from Indiana Now, Jacksonville Industries is a short on time and we will have a very referred to. great difficulty in fully funding the ex- business that is in the aluminum die Well, Mr. Speaker, I hold in my hand cast business. And they employed 20 isting system.’’ He was referring to So- the Treasury report of the latest tax workers when I went to visit them. cial Security. revenues. And guess what it says? It Now, before the President brought his The liberal Brookings Institute, no says that as we have decreased the economic growth program to Congress bastion of conservative thought, has marginal tax rates, we actually have to pass, they were on the verge of hav- recently written, ‘‘Expected growth in more tax revenue. It says it right here. these programs,’’ referring to Social Last year, corporate income taxes ing to lay off two workers because of Security, Medicare and Medicaid, were up almost 45 percent. Individual competitive pressures. ‘‘along with projected increases in in- income taxes were up almost 15 per- But because of the tax relief meas- terest on the debt and defense, will ab- cent. Again, we have lowered tax rates, ures, they went out and they bought a sorb all of the government’s currently and we get more tax revenue. And as new piece of equipment. Now, I could projected revenue within 8 years, leav- we can see from this chart, Mr. Speak- not tell you what it is called. I do not ing nothing for any other program.’’ er, we saw declining revenue from the precisely know what its mechanical Like the gentleman from Indiana Federal Government, as we were in a function is, but I can tell you what the said, if we don’t do anything, in a mat- recession back in 2002 and 2003. result is. The result is they bought this ter of time the Federal government And yet this body, this Republican new piece of equipment, and it made will consist of Medicare, Medicaid, So- leadership, cut tax rates for small busi- them more competitive. It made them cial Security and nothing else. There nesses, for American families, and they more efficient. will be no Border Patrol. There will be work, and they save and they invest And, Mr. Speaker, guess what? In- no student loans. There will be no vet- and they build. And guess what? Not stead of laying off two people, they erans health care system. There will be only do we create more jobs and more went out and hired three new people. no agricultural research. There will be hope and more opportunity; we have They hired Roger, and they hired Jess, no Federal Trade Commission. And the more tax revenue. More tax revenue. and they hired Victor, three people list goes on and on. We had a 5 percent increase in tax who could have been on unemploy- The same report said, ‘‘The authors revenue from 2003 to 2004. We had a 15 ment. They could have been on welfare. of this book believe that the Nation’s percent increase in revenue from 2004 They could have been on food stamps. fiscal situation is out of control and to 2005. And now at the beginning of And they could have been on Medicaid. could do serious damage to the econ- 2006, tax revenue is up 6 percent. Again, But thanks to tax relief that the omy in coming decades.’’ Democrats want to take away with The General Accountability Office we cut tax rates, and we have more tax their huge tax increase, this one small has said there is no way you are going revenue, and the American people need business in Jacksonville, Texas, had to grow your way out of this problem, to be aware of this. five people now who put roofs over even though we have had very robust If you take away the tax relief, if the their head, who put food on the table, economic growth since we passed Presi- Democrats have their way and get who are building a better future for dent Bush’s economic growth plan. If their huge automatic tax increases on their families. That is just one small we don’t change our path, there will be the American people, you are going to business in one small town in Texas. an adverse effect on economic growth, lose this extra tax revenue. And not And that is happening all over the quality of life and national security. only that, you are going to lose every- This is in the same report from the thing that the tax relief has brought. economy. General Accountability Office, Comp- Now, with the glaring exception of Mr. Speaker, let me at this time troller General David Walker: ‘‘We are terribly high gasoline prices, which are yield back to my colleague from Indi- heading to a future where we will have clearly hurting all American families, I ana who knows a lot about job creation to double Federal taxes or cut Federal know they are struggling, they are himself. spending in half.’’ struggling. Think how much more they Mr. CHOCOLA. Mr. Speaker, I thank would struggle, though, if they did not the gentleman for yielding again. And, b 2030 have jobs. you know, the story you just told I Now Yogi Berra once said, if you find Under tax relief, we have 5 million think can be told millions of times a fork in the road, take it. Mr. Speak- new jobs that have been created in this around the United States. Certainly

VerDate Aug 31 2005 03:10 May 03, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.082 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1961 small businesses are the backbone of do not think they are a whole lot dif- good point. It is not how much money our economy. Something like, you ferent than the Second District of Indi- you spend in Washington that counts; know, well over half of the employees ana. The people in the Second District it is how you spend the money. in this country work for small busi- of Indiana do not feel like they are Now, what we will again hear this nesses, and something like 90 percent taxed too little. They think we prob- week as we vote on the budget, and we of the employers are small businesses ably spend too much. have this annual budget vote and budg- in this country. And so we have to move from using et debate, we will be told that as a Na- We were home a couple of weeks ago. our measurement of success, how much tion we are not spending enough on I have a small business advisory coun- we spend, to how well we spend. We education, we are not spending enough cil, and one of the members of that spend enough here in Washington. We on housing, we are not spending council was talking about the 179 ex- do not prioritize enough. enough on nutrition. pensing that you were referring to, And just going back for a second to Well, Mr. Speaker, that may be right. that allows small businesses to go out the Truth in Accounting Bill, we see But the fundamental difference be- and buy capital goods, and they can ex- that our spending is getting more chal- tween the Republican budget and the pense it so they can invest in their lenging as we go forward. Just re- Democrat budget is the Democrats business, grow their business, create cently, yesterday I think, there was a want the Federal Government to do the jobs, provide benefits, contribute to the report issued that showed that the So- spending. The Republicans want fami- local economy and the national econ- cial Security trust fund will be ex- lies to do the spending. And we know omy all at the same time, which is hausted by 2040. That is 1 year earlier the difference. kind of a neat thing. than was projected last year, and Medi- Now, the Democrats will say that the The good news is that there is a bill care by 2018. And I think last year it Republicans are cutting the budget. that is offered by Mr. HERGER, a mem- was projected by 2020. Well, I have yet to see any single budg- ber of Ways and Means, that would ex- So every day we wait to start using et submitted that actually cuts Fed- pand 179 expensing and make it perma- the measurement of success, how well eral spending. Frankly, we can prob- nent, which I think is good pro-growth we spend, rather than how much we ably use one. What we do, though, is the Repub- tax policy. spend, the situation gets worse. And, licans will moderate the growth of gov- I also heard a quick story that I got again, the best way that we can solve ernment, and the Democrats will not. I from my small business advisory coun- problems is to define problems and have looked up ‘‘cut’’ in Webster’s Dic- cil. A small businessman that has a making sure that the Federal Govern- tionary, and it actually means to re- business in LaPorte, Indiana, used to ment shares a clear picture of our fi- duce. What the Democrats call a cut is have to go borrow money to pay for his nancial challenges with the American that some government program under taxes, which is kind of crazy. people. I think that will result in the the Republican budget will grow 3 per- Because then he would restrict his American people demanding that their cent next year and they want it to flow of capital, was limited in being elected representatives quit playing grow 6. And they call that a cut. able to make the investments in his the politics of no, quit saying what Mr. Speaker, that is simply not the company, because he had to go out and they are against and start saying what truth. That is not the truth. And they borrow money to pay his taxes. But they are for. act like there has been an underinvest- once we passed, in 2003, the 179 small We are not elected to be against ment in the Federal Government. Well, business expensing provision, he did stuff. We are elected to be for bipar- just in the last 10 years, the inter- not have to do that any more. And he tisan practical solutions, and the national affairs budget has increased 89 has been able to invest that money in Truth in Accounting Bill is a bipar- percent. The agriculture Federal budg- his business and grow his business. tisan bill. It is co-authored by JIM COO- et has increased 118 percent. Just going back to the tax chart you PER of Tennessee, a conservative Dem- The Federal transportation budget had up a second ago, you know, it is ocrat, and MARK KIRK from Illinois, a has increased 83 percent. The Federal kind of funny that opponents of tax re- moderate Republican. education budget 113 percent. Health, lief, mainly our friends on the other I consider myself a conservative Re- including Medicaid, 126 percent. And side of the aisle, say we cannot afford publican. We may not agree on all of guess what? During that same time pe- to have tax relief. But your chart the answers, but we certainly agree on riod, median family income only grew shows clearly, and the statistics that the problem. And we have to get to a by 33 percent. you talked about, tax receipts up 15 bipartisan solution, and I certainly Again, in just the last 10 years, the percent in 2005, the deficit is actually hope the American people send people growth of the Federal Government is down in 2005 by about $100 billion, I to this body that will not avoid this twice that of the family budget. It is think clearly shows that we cannot af- problem and be part of the ostrich gen- just an unsustainable growth rate. And ford not to have tax relief to continue eration. it begs the question again, what kind to have our economy grow. Mr. Speaker, I yield back to the gen- of America do you want? Now, we can cite economic statistics tleman from Texas. Mr. Speaker, we already have 10,000 all night long, and they are true, and Mr. HENSARLING. Mr. Speaker, I Federal programs spread across 600 dif- they are relevant and they matter. But thank the gentleman. I want to once ferent government agencies. I do not they probably do not matter to the guy again point out one of our earlier think there is one person in America without a job. But what does help the charts to show just what has happened who can tell you what each and every guy without a job is a growing econ- to the family budget, which is this one of those agencies does and what omy, because when the economy grows, lower blue line. Median family income every single one of the bureaucrats everybody has more opportunity; and in America in the last decade has gone who works there, what they do. what is important to do is to focus on from roughly $45,000 to $62,000. the pro-growth policy that has resulted Well, what has happened to the Fed- b 2045 in those economic statistics. eral budget in this same time period? I mean, at some point you have to And the pro-growth policies that This red line. About $1.6 trillion to $2.5 say how much government is enough, have resulted in those economic statis- trillion. Again, the Federal budget is how much government do we want to tics, I would say in large part, is the outpacing the family budget. pay for. The Democrats act like noth- tax relief that was passed in 2001 and Mr. Speaker, only families can pay ing good ever happened in America if it 2003, just like the section 179 expens- for the Federal budget. There is no was not funded by the Federal Govern- ing. magical machine that creates wealth ment. Like, if we did not have a Fed- Now, when we talk about the deficit, in Washington, D.C. It comes from eral program, there would not be any there are only two ways to get a def- hardworking families from Indiana, boy scouts, there would be no soccer icit. One is we tax too little. The other from Texas, and from all across Amer- games, we would have no physician, no is we spend too much. And I do not ica. Red Cross, no ice cream. None of this know about the rest of the congres- And the gentleman, the colleague I would happen. Anything good that hap- sional districts around this country, I have from Indiana, brought up a very pens in America, according to the

VerDate Aug 31 2005 03:10 May 03, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.083 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1962 CONGRESSIONAL RECORD — HOUSE May 2, 2006 Democrats, can only happen through mismanagement when the money does opment in 2001 lost 10 percent of their the Federal Government. not go to help anyone, when there are whole budget. How many families or But we have to remember, every in- certainly people in this country that how many businesses could still oper- crease in a Federal program, again, is a need government help, and why is it ate if they just lost 10 percent of their decrease in some family program. What compassionate to ignore that, not ad- budget? It goes back to that truism the Republican budget is about is we dress it and get better government at that we are never as careful with other want a Federal Government that does a lower cost by simply applying the same people’s money as we are with our own. few things very, very well and not a management tools and techniques that This is just inexcusable; and yet Demo- Federal Government that tries to do every business in America has to fol- crats want to raise our taxes to pay for everything but does them quite poorly, low? more of this. and this is what this is about. Certainly, I hope the American peo- Let us talk about duplication. We Another difference between these two ple are more demanding upon us to have 342 economic development pro- budgets, again as we talked about, is give them a good return on their tax- grams at the Federal level. It begs the the Democrats wanting to bring forth a payer dollar and not stand for $24.4 bil- question, what does the Federal Gov- huge tax increase upon the American lion being wasted in Medicare over a 2- ernment know about economic devel- people. They want to take away pay- year period of time. opment? Small business people know. checks and replace them with welfare I could go on for a long time. In 2001, Entrepreneurs know. Families know. I checks. Mr. Speaker, that is not com- HUD had overpayments of 10 percent of am not sure what the Federal Govern- passion. their budget alone. It is kind of de- ment knows. We have 130 different pro- A compassionate society ought to be pressing to keep going down this road. grams serving the disabled, 90 early measured ultimately by the number of It is time that we find ways to have childhood development programs, 75 paychecks it produces, not the number better government at lower cost, better Federal programs funding inter- of welfare checks that are produced, management, better oversight; and I national education and cultural ex- and with that, I yield back to the gen- certainly appreciate, again, the gen- change activities, and the list goes on tleman from Indiana. tleman bringing us here to highlight and on. Mr. CHOCOLA. Mr. Speaker, well, these issues because the more people So that could be 342 executive direc- the gentleman brings up a great point. understand, the more demanding they tors and 342 vice executive directors The gentleman asked the question will be that we fix things and only and the list goes on, and yet Democrats earlier, what kind of country do we elect people that will address these want to raise our taxes to pay for more want, what kind of America do we issues, not avoid these issues. of this. want? I think we also have to ask the Mr. HENSARLING. Mr. Speaker, I Washington is spending $60 billion question, what kind of government do thank the gentleman from Indiana for annually on corporate welfare versus we want? bringing up that point because too $43 billion on homeland security. That When we talk about raising taxes, often in this debate that we are having does not make any sense, and yet talk about raising revenue, which we about the budget this week, Democrats Democrats want to raise our taxes to have already learned that good pro- act like if we would only take more pay for more of this. So again, Mr. Speaker, if we will just growth tax policy at lower rates actu- money away from American families be smart, if we will decide that we need ally increases Federal revenue, but you and send it to Washington, that some- a Federal Government that is focused ask why would we raise taxes and what how it will magically turn into love on a few items and do them very, very do we need to spend money on. I think and happiness and kindness and all well, we can receive a brighter, bright- it is important to recognize that we kinds of good things. Yet, the Federal Government cannot er future for our children because if we can actually have better government account for $24 billion that was spent do not, this is the future that we are at a lower cost. in fiscal year 2003. It has just dis- facing. This is what is happening to Every business in America and every appeared into thin air; and yet the spending today; and again, as we have family in America has to find a way to Democrats want to raise our taxes to used the comparison to a hurricane do more with less, find a way to be pay for more of this? that is coming in our direction, right more efficient. For some reason, we do The Defense Department wasted $100 now revenues are roughly about 20 per- not think government can achieve the million on unused flight tickets and cent of our economy, a little bit less, same standards. For some reason, we never bothered to collect the refunds but what is happening is that programs think the government does not have even though the tickets were refund- are far outstripping our ability to pay waste, fraud, and abuse. able, and yet Democrats want to raise for them. Let me just share a couple of things our taxes to pay for more of this? In just one generation, spending is with you. Recently, the Inspector Gen- The Federal Government spends $23 due to more than double. Here is what eral found that Social Security sent $31 billion annually on earmarks, also is going to happen to revenues, but million worth of Social Security known as pork projects, such as the look at what happens to spending by checks to dead people. That is money grants to the Rock and Roll Hall of the year 2040, and most of it is driven that did not go to help anyone. Fame, and, hey, I love rock and roll, by Social Security, Medicare and Med- They found in 2003 that the food but I am just not sure our taxes should icaid and interest on the national debt. stamp program spent $1.1 billion in pay for it, because most of the rock So, to some extent, it is a little bit overpayments. That is with a B. stars I have seen are doing quite well like Charles Dickens’ ‘‘A Christmas In 2001, the GAO reported and said on their own, not to mention, of Carol.’’ We are all familiar with that about Medicare, there are no reliable course, that earmark known as the story with Scrooge, and we know how estimates to the extent of improper Bridge to Nowhere, to be com- fearful the Ghost of Christmas yet to payments throughout the Medicare plemented now by the Railroad to No- come, how fearful that spirit is. program because they cannot audit where, $23 billion. Well, what is going to happen here in their books, they cannot even tell the That is another thing, Mr. Speaker, many respects is the ghost of Christ- kind of financial controls they have. we will take up is earmark reform this mas yet to come. This is the future In 2002, the Inspector General found week, which is very important that we that our children and grandchildren that Medicare had $12.3 billion in over- do, because as our colleague in the are facing if we do not start today with payments and in 2001 found they had other body from Oklahoma, Mr. a very simple choice between a Demo- $12.1 billion. That is $24.4 billion in COBURN, has said, earmarks are the crat budget and a Republican budget. Medicare payments that were im- gateway drug to the culture of irre- It starts today, Mr. Speaker. We can proper, did not go to help anybody, did sponsibility. Yet, as we spend all this decide that the Democrats are right not go to help any seniors that needed money on pork projects, Democrats that we are not spending enough Medicare, did not go to help any low- want to raise our taxes to pay for more money, notwithstanding the fact that income Americans, simply was money of this. every Federal program has grown pre- wasted. I always ask, what is compas- Again, as was pointed out, the De- cipitously over the family budget, not- sionate about wasting $24 billion on partment of Housing and Urban Devel- withstanding the fact that we are on

VerDate Aug 31 2005 04:21 May 03, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.085 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1963 this road to either have no Federal say, well, gee whiz, we have got to not have unlimited government and Government except for Medicare, Med- raise prices on our customers to pay unlimited freedom. If you want unlim- icaid and Social Security, or we are for our lack of proper management. I ited government, Mr. Speaker, people going to double taxes on the American do not think that that is respectful to ought to support the Democrat budget. people in one generation. the American people, the American If they want more welfare, if their That is their vision of America. Our taxpayer, and certainly not a winning greatest hope and aspiration is a Fed- vision is one of limited government, strategy. eral check, then people should support better government, more effective gov- I think the gentleman from Texas that budget. But if people want more ernment, one where our children and can wrap us up here; and, again, I freedom and if they want more oppor- grandchildren still have an opportunity thank him for bringing this very im- tunity and their aspiration is a pay- to use their God-given talents to roll portant subject to the floor tonight. check with a great career where people up their sleeves, to work hard and to Mr. HENSARLING. Mr. Speaker, can use their God-given talents and be create the kind of future that they again, I thank the gentleman from In- everything that they can be, then they want for themselves. It is an America diana for joining us tonight. I certainly need to support this Republican budg- that is growing. It is an America that thank him for his courageous leader- et, and we can have a brighter future has more freedom, and this is what we ship in this body. for my children and for all the children see, and that is why these budgets are In these closing minutes we have, Mr. in America for generations to come in so different. Speaker, what is it that we do about this great and blessed land. But the Democrats, again, want to all of this? Well, several things. Num- f keep this spending going. They want to ber one, we need to reform the budget have a tax increase. process that we have today. Now, it is BLUE DOG COALITION Now, they do not like to talk about not particularly sexy kind of stuff; but, The SPEAKER pro tempore (Mr. it. They like to point fingers at the Re- you know, the machine we have that SCHWARZ). Under the Speaker’s an- publicans; but let me tell you, for the produces spending in Washington was nounced policy of January 4, 2005, the last 10 years, every time the Repub- manufactured back in the 1970s, back gentleman from Florida (Mr. BOYD) is licans submitted a budget, the Demo- when Democrats were in charge in this recognized for 60 minutes as the des- crat alternative budget spends even body, and it is a spending machine. We ignee of the minority leader. more, and they are pointing the finger need to go back and retool that to a Mr. BOYD. Mr. Speaker, I come to- of fiscal irresponsibility? savings machine for American families. night before the country to discuss the Mr. Speaker, I sit on the House Budg- state of our Nation and to talk about a et Committee, as does my colleague Number one, most American families do not realize this, but our budget does few of the things that I think that we from Indiana, and we just marked up can do to improve the state of the Na- the budget. Every single Democrat not even have the force of law. At best it is a mere suggestion. The legislation tion. This hour that we will have to- amendment to the budget would have night, there will be some other mem- spent more money. They say the Re- sponsored by myself and the gentleman bers of the Blue Dog Coalition that will publicans were fiscally irresponsible to from Indiana (Mr. CHOCOLA) would en- sure that our budget, when you tell the join me, I am sure. provide a prescription drug benefit in Mr. Speaker, as you know, the Blue Medicare, but guess what, Mr. Speak- American people here’s the budget, we will enforce it as a law. Dog Coalition is a group of 37 men and er? Their alternative plan spent even women from all over the country, more money than the Republican plan. Second of all, we have got to cap the Democratic Members that believe that It is just inconceivable that they can growth. I did not say a cut, but we have there are certain things that we should point the finger of fiscal irrespon- got to cap the growth of the Federal sibility when all they want to do is budget to roughly that of the family do as a government, certain functions lead us to a future where taxes are dou- budget. Only then will programs have that we should perform to make the ble and an America where people do to compete against each other. Only economic model work well, and we not create jobs, where people cannot then will you start to root out the should try to perform those functions afford to send their children to college, waste, the fraud and the abuse and the well, and we should be willing to pay where people cannot find the capital to duplication. Only then when you say, for it. start new businesses, oh, but there will okay, this is all the money we are tak- I was very interested in the previous be plenty of welfare checks, and they ing away from the American family speaker and actually agree with what will call that compassion. Compassion and we will take away no more. some of the previous speaker said, and I think he wound up by saying that we is about paychecks. b 2100 With that, I would like to yield back ought to balance the budget. to the gentleman from Indiana. We need sunsetting commissions in The Blue Dogs, Mr. Speaker, could Mr. CHOCOLA. Mr. Speaker, I thank the Federal Government. Again, as not agree more that that is a very im- the gentleman for yielding. President Reagan once said, the closest portant step, and I think most Mem- Recently, I was having a conversa- thing to eternal life on Earth is a Fed- bers, most folks out in the country tion with a friend of mine that said eral program. Many have long since would understand the concept or the when you are talking about tax policy, outlived their usefulness. notion of balancing the budget, wheth- he said, well, maybe it would be a pru- I just tripped across this one the er it is our individual home budgets or dent thing to raise taxes. This person other day. We are still funding Radio whether it is our business budget, was in the financial services industry, Free Europe; and, to the best of my whether it is our local governments. and I said, let me ask you a question: knowledge, the Berlin Wall fell back in Eventually, you have to have revenues you do research on businesses and you 1989. We need to eliminate this thing meet expenditures, or you do not stay do research on a business where every called baseline budgeting which allows in business too long. Most of us under- year the company has increasing losses people to artificially inflate budgets. It stand that. Except in the Federal Gov- and increasing debt. The company has is the kind of stuff that would make an ernment, we have a difficult time un- not passed an audit in 9 years. The Enron and WorldCom accountant derstanding it sometimes, and I think management is ineffective at com- blush, yet here people get away with it we have not done very well on that bating waste, fraud and abuse; and the in Washington, D.C. front in the last 6 years certainly. only strategy the management team Mr. Speaker, it is time that we just I was also interested in some of the can come up with to turn the tide is to balance the budget. It is time to bal- comments made by the previous speak- raise prices on their customers. Do you ance the budget, and we need to do it er. You would have thought that the think that is a business you would in- without increasing taxes on the Amer- Democrats were in control of the Con- vest in? He said, you know, you have ican people. gress of the United States. I would re- got a point; I do not think that that Mr. Speaker, certain principles tran- mind the Speaker that the White would be a good investment. scend time. One of those principles is House, the House and the Senate are So it is interesting when our col- balancing the budget. Another prin- all controlled by the Republican party. leagues on the other side of the aisle ciple is limited government. You can- When it comes to doing budgets and

VerDate Aug 31 2005 03:10 May 03, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.086 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1964 CONGRESSIONAL RECORD — HOUSE May 2, 2006 programs and balancing those budget file story of the over $3 billion that was Katrina an utter failure. Just last and programs, that is certainly within allocated, appropriated for Iraq recon- week or 2 weeks ago, you had a Senate the control of the majority party to do struction that nobody can account for. committee with jurisdiction over that. The Department of Defense cannot ac- FEMA stating that FEMA is so broken There also was a good bit of talk count for the over $3 billion that was that that bipartisan committee, leader- about the welfare program. Mr. Speak- appropriated for Iraq reconstruction. ship of that committee, believes that it er, the welfare program was something The complete lack of management should be completely dismantled. that this Nation worked together on and accountability in our Federal How did we go in the late 1990s or in back in the 1990s under a Democratic agencies is unacceptable. If you had a the 1990s from an agency that was ac- President and Republican-led Congress, manager that operated like that in claimed to be the most efficient and ef- worked very hard, sat down in a bipar- your local government or in a business, fective Federal agency to an agency tisan way and came up with a good so- you would replace that manager. So I that is almost dysfunctional today? lution to find ways to move people off think that we really should demand Why do we have so many problems of welfare and get them into the work- more of our executive agencies in with FEMA? place. terms of management and account- Well, maybe it is because the admin- The previous speaker is absolutely ability as it relates to how they spend istration dismantled the three national right in that we need people in the the money that is appropriated to that response teams prior to Katrina, so workplace, getting paychecks, being particular agency. there was no group of folks within productive, paying taxes into a society, In the 1990s, Mr. Speaker, Congress FEMA ready to go at a moment’s no- and that way our economy works best and the President, again a Democratic tice. Perhaps it was that FEMA was President, a Republican-led Congress and our lives are better. folded into a brand-new Department of working together in a bipartisan way Mr. Speaker, I want to talk about Homeland Security and, by all ac- enacted a series of reforms for the Fed- three specific issues, three broad areas, counts, became the dumping ground for eral civilian workforce known as the basically, where I believe this adminis- the Department. Readmission of Government. These re- tration and this Republican-led Con- Whatever these reasons are, I think forms reduced the size of the Federal gress have failed us in being respon- every one of them point back to a man- Government, Mr. Speaker, by over sible. agement style or scheme or capability. Number one is they have failed to 300,000 employees. Let me say that again. In the 1990s, One factor that certainly played a role balance the budget. For 5 consecutive in the change was that in the 1990s years now, we have had a budget that the size of the Federal Government was reduced by over 300,000 employees. FEMA was run by professionals with is out of balance. Despite this reduction, many Federal strong emergency management experi- Number two, they have failed to agencies improved their performance ence at the State and local level. manage our Federal Government and substantially; and I want to talk about Let me say that again. In 1990, early its functions effectively and effi- one of those Federal agencies specifi- 1990s, the previous administration ciently. Let me say that again. They cally, I think, which is a good example. brought in emergency management have failed to manage the Federal Gov- Because, Mr. Speaker, I come from professionals with strong management ernment and its functions effectively Florida, and in Florida we are accus- experience at the State and local level, and efficiently, and I want to talk spe- tomed to natural disasters, primarily and they took FEMA and they trans- cifically about that a little more. hurricanes that start about this time formed it into a world-class organiza- Thirdly, I believe that this adminis- of year and run all the way through the tion. However, under the current ad- tration and this Congress has failed to summer and into the fall. Last year, I ministration, until weeks ago, FEMA uphold the standards of honesty and think we had so many hurricanes that was run by political hacks with little accountability when it comes to per- we ran out of alphabetic names and had or no emergency management experi- form their functions. to start back through the alphabet a ence. Now, I want to start with the second second time to name all the storms. I It is clear that on the fiscal and man- of those particular bullet points and think there has been a lot of press and agement fronts that this administra- talk about the management of the Fed- a lot of publicity about the storms that tion is failing the American people; eral Government and point out some of we have had. and, as a result, you have agencies the things that have been going on the Florida has created an excellent which cannot produce clean audits. last 5 to 6 years. emergency management system to deal They cannot tell you where the money When President Bush took office, he with those storms, but we always work was spent, the taxpayers’ dollars that told us and we all knew that he came hand in glove with the Federal Emer- we are appropriating, and what was from a business world and with an gency Management Agency, which is done with it. And that is one of the MBA and with the charge that the gov- known as FEMA, and I found in my 18 points that I want to make. ernment would be run like a business. years of public service in Florida that The other point and the one I men- Instead, Mr. Speaker, we have seen FEMA was one of the premier Federal tioned earlier was the balancing of the many of our Federal agencies managed agencies, really a professional agency Federal budget. Now, the previous by people with little or no experience. that knew what its role was and knew speaker spoke of that; and, actually, as As a result, you find today 19 of the 23 how to get the job done probably more I said earlier, we are in complete agree- Federal agencies are not in compliance than any Federal agency I knew in the ment, that the Federal budget should with proper accounting standards. In 1990s. It was the poster child, if you be balanced. other words, they cannot give a clean will, of a well-managed Federal agency. I see that we have been joined by one audit of their own actions in how and FEMA’s structure was transformed, of our fellow Blue Dogs, Representative where they spent the money, the tax- and three national response teams were JIM COOPER from Tennessee. Mr. COO- payers’ money that was given to them created to quickly react to any na- PER serves in a role in the Blue Dogs to perform their governmental func- tional emergency. I guess in the 1990s, where he chairs the policy committee tion. What this means is that we can- FEMA’s performance was more notable and, as a result, has the task of leading not account for all of the government’s for the newspaper stories that weren’t us in developing of our policy posi- assets and liability. written about it. Anytime you find an tions. Mr. COOPER has done a lot of The previous speaker talked about agency that is doing a good job, doing work on these issues, fiscal responsi- the Department of Defense being the what it is supposed to be doing, then bility. biggest offender; and, in actuality, the you do not hear much about it. Dis- 2115 Department of Defense is the largest aster victims and State officials alike, b offender of this. Of course, the Depart- including myself, gave FEMA grade A Mr. BOYD. Madam Speaker, I would ment of Defense is one of the largest marks, unanimous applause, if you like to call on my fellow Blue Dog from agencies in the Federal Government, will. Tennessee, Mr. COOPER. the largest agency in the Federal Gov- Now we fast-forward 5 years, 6 years, Mr. COOPER. Madam Speaker, I ap- ernment, and we all know the high-pro- we find FEMA in response to Hurricane preciate the gentleman’s friendship

VerDate Aug 31 2005 03:10 May 03, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.088 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1965 and leadership of the Blue Dog Coali- So modern accrual accounting is a believe if you truly care about pre- tion because we are perhaps the leading very important innovation in account- serving Social Security benefits and voice in Congress for fiscal restraint ing. All our businesses have used it for Medicare benefits, as I do and most and fiscal responsibility. years. In fact, generally accepted ac- Members of Congress do, certainly on The chart the gentleman has been re- counting principles, GAAP accounting, the Democrat side, you have to look at ferring to showing our national debt really says that all businesses of every these other numbers because the budg- and each individual’s share of the na- size should use accrual accounting be- et deficit for 2005 actually goes up to tional debt is a truly scary document. cause it is a more accurate picture of $1.7 trillion if you include the antici- But as the gentleman knows, I am where we are. pated Social Security benefits that we afraid there are even scarier numbers As the gentleman knows, because he are going to have to pay in the incre- in Washington than that because the has a business background himself, the mental increase of 1 year. debt figures that the gentleman is saying in business is if you can’t meas- If you add Medicare to that, the true holding shows what the debt is accord- ure it, you can’t manage it. If you budget deficit for 2005 was an astro- ing to a cash basis; and that is, unfor- can’t measure it, you can’t manage it. nomical $2.7 trillion. tunately, a very weak form of account- That is what accounting does, it helps I am indebted for these last two num- ing that is illegal for most businesses us measure our financial situation. bers to the professor of law and ac- in America, certainly businesses of any This shows a picture of our financial counting at Harvard Law School, a size. situation. I hope it is clear. gentleman named Howell Jackson who I want to put that in context for Maybe I should come down to the did these calculations. And they are folks both in this Congress and back gentleman’s easel. still in draft form and subject to some home because the numbers the gen- This is a very important chart be- refinement. But it is the first time we tleman referred to come from this doc- cause it shows us in clear perspective have really taken the numbers that ument here, which is the President’s the difference between the budget num- originally professors at the Wharton budget. Every Congressman gets a bers calculated on a cash basis and on School of Business and a business econ- hand-delivered copy of this. It is widely an accrual basis. This top number of omist in Washington, D.C. have helped publicized in the media. It has a lot of $319 billion is the cash deficit for the put together. Those gentlemen are good information in it, but it is the year 2005. That is a lot of money. That Kent Smetters and Jagadeesh Gokhale. budget of the United States on a cash is the third largest budget deficit in all Those gentlemen have shown America basis, counting dollars when they come of American history in absolute dollar and the world that our true unfunded in and go out. terms. It is not quite the third largest liabilities are astronomical. If you look There is another document which is in percent of GDP terms; but it is a out a few decades, they are on the even more important. It is almost se- huge, whopping number. order of $49 trillion to $67 trillion. cret. It is not classified secret, but it is If you look down the chart, you will So it is a situation where if you are just trying to measure it so you can even better than that. It was distrib- see if you do not count the borrowing manage it. Look at one year’s annual uted on Christmas Eve without a press from the Social Security trust fund, deficit: you will see that the number release by the United States Depart- the true cash deficit for the year 2005 we are given by the administration of ment of the Treasury. They only print- was $494 billion, almost $500 billion. $319 billion is probably not an accurate ed a thousand copies for all of America, That is still using the old-fashioned, number. In fact, it is probably only so it is not exactly like they wanted antique cash accounting method. one-tenth of the true size of the deficit everybody to read it. This is called the If you use modern accrual account- because if you believe in Social Secu- ‘‘Financial Report of the United States ing, according to the Treasury Depart- rity and Medicare, as I do, you have to Government.’’ It is issued by the Treas- ment and the Bush administration, take into account the obligations that ury Department and signed by Sec- Secretary Snow says the deficit for 2005 we are incurring on an annual basis to retary John Snow, and it also gives a was $760 billion. That is starting to be fund those programs. picture of our financial situation. But a truly large number. That takes into it does not use cash accounting; it uses These numbers are huge, Madam account many of the obligations that Speaker, because even this number of modern accounting that all large cor- we have in future years because what porations in America are required by $760 billion, that is a deficit for the accrual accounting means, it takes law to use. So if you really want gov- year that is greater than most all of into account when you use that na- ernment to be run like a business, you the discretionary spending of the Fed- tional credit card to buy something. pretty much have to use this docu- eral Government. That is greater than You have obligated yourself to buy ment. the entire defense budget and greater The gentleman referred to our MBA something. It might have been pen- than all of the road programs, agricul- President, the first one we have had in sions for our elderly, health care for tural programs, parks, recreation, arts, American history, and how so many our elderly, health care for the dis- all of the things that the Federal Gov- Americans expected him, with his MBA abled, things that we know we are ernment is involved with. So that is a degree, to run our country like a busi- going to have to spend money on but large number. But this number down ness. But this is still a largely secret we have not actually paid cash yet. here of $2.7 trillion, that is greater and ignored document. That is the $760 billion number; but than the total Federal budget of the Why would that be? Because the that is not the scariest number on the United States. numbers in it are so grim. chart. Madam Speaker, I think we should Mr. BOYD. So do I understand it to Everybody in this body has said that look at these accounting numbers, be Federal law that any business over they believe Social Security and Medi- these facts, these fiscal facts so that $5 million has to use that accrual ac- care are vitally important programs men and women of goodwill all across counting procedure? for our Nation and that those benefits America can evaluate our situation. As Mr. COOPER. That is exactly right. should be preserved for our seniors and I said earlier, if you can’t measure it, Modern accounting is required of all those who are going to be seniors. you can’t manage it. businesses in America with revenues Guess what, folks. The accrual number, This should not be a partisan issue. I over $5 million. That basically says as good as it is, does not take into ac- am taking these figures primarily from any business larger than, say, a single count Social Security and Medicare administration documents. This is a re- McDonald’s would be required to use benefits. How could that possibly be? ality that I especially think all of our modern accrual accounting. And lest Well, the reason is under modern ac- business people should pay attention anyone not hear the word correctly, counting methods you only take into to. The Tennessee bankers were in ‘‘accrual’’ has nothing to do with the account contractual obligations, and today. I acquainted them today with word ‘‘cruel.’’ In fact, accrual account- Social Security and Medicare are not all of these numbers, and we had a ing is probably the kindest form of ac- contractual obligations. Congress re- number of Tennessee insurance agents counting because it remembers our el- tains the right to vary the benefits. visiting today. Unfortunately, our derly and sick and disabled. Cash ac- Because of that, those numbers are media have not seen fit to do many sto- counting tends not to do that. left out of this deficit calculation. So I ries on these numbers. Perhaps they

VerDate Aug 31 2005 03:10 May 03, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.090 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1966 CONGRESSIONAL RECORD — HOUSE May 2, 2006 are too large for the media to under- still be focused on the cash numbers But this Congress and this adminis- stand. I think it is very important for with inadequate accounting. tration decided not to follow that sort America to focus on this. What they However, I was able to get passed in of three-pronged approach, debt reduc- really spell is a crisis for our country. the Budget Committee unanimously, tion, deal with Medicare and Social Se- We are borrowing so much of this House Democrats and Republicans, an curity, and tax relief. Instead, they money; and we are not just borrowing amendment that said for next year we poured all the money into tax relief. it from ourselves, we are borrowing it will start using the more accurate, ac- And then immediately you see what from foreign nations. crual-based numbers. I think that is happened. You had 9/11 come after that I am proud to stand with my friend progress. Accrual will not replace cash and an economic downturn, and then from Florida who is a great leader of budgeting, but at least you will be able now we have got deficits. the Blue Dog cause. It is very impor- to refer to both sets of numbers as we We have structural deficits. What tant that we get the word out on these do the budget so that you can see what does a structural deficit mean? It facts. our true fiscal situation is. means that even if the economy works, There are many different ways to Madam Speaker, I thank my col- everything works like it is supposed to, measure it. JOHN TANNER from Ten- league and friend from Florida for you are still going to have a deficit. nessee points out that it took 204 years yielding. He has been a great leader of You are still spending more money of American history to borrow our first the Blue Dogs for a long time now, and than you take in. That is wrong. That trillion dollars. That is 204 years, all of I appreciate his leadership, and to- is fundamentally wrong. And we ought the way from George Washington gether I think we can continue to to, we have to correct it. We just can’t through almost Jimmy Carter to bor- make progress on these issues. afford to let it go on like this. row $1 trillion. Then we started on this b 2130 America is the greatest country on pace where we are borrowing a trillion Mr. BOYD. Thank you, Mr. COOPER. the face of the earth economically, po- dollars now almost every 18 months, A couple of things that you said litically, militarily. We won’t be that something that it took us 204 years to struck me. One is, unsustainable; and way long if we don’t fix this very dan- do before. That is unsustainable, to put the other is, we have to work together. gerous structural deficit that we have. it politely. It is crazy if you use more Those of us who have been in this busi- We have been joined by another out- normal language. ness, those of us who have any kind of standing member of the Blue Dog Coa- There are other things that are going accounting training in our background lition. We come from all over the coun- on that are worrisome. Under Presi- understand that those sorts of num- try. We have with us tonight Congress- dent Bush’s administration, we have bers, first of all, that reporting proce- woman LORETTA SANCHEZ from Cali- borrowed more money than all pre- dures, or those reporting procedures, fornia who has joined us now. She has vious presidencies in America put to- are wrong; and the trend there of red been a leader. She is a member of the gether. President Bush is our 43rd ink, deficit spending, is unsustainable. Armed Services Committee and a lead- President, and that means he has bor- It will be, and I think the public will er there; and I would like to yield at rowed more money than our first Presi- recognize it when the markets begin to this time to my friend, LORETTA dent, George Washington, all of the react to their fears that someday, if SANCHEZ. way through our 42nd President, Bill America doesn’t turn around its habit Ms. LORETTA SANCHEZ of Cali- Clinton. That is an amazing thing. And or change its habit of deficit spending, fornia. Thank you so much, Mr. BOYD. it is not just borrowing in general; it is that it will have difficulty sustaining I just am very grateful that you de- borrowing from foreign nations. We itself economically. cided to take this hour to talk a little have borrowed more money from for- The other thing that struck me about bit about the financial crisis, really, eign nations today than all previous what you said is what I call the bipar- that our United States is in, and what Presidents in American history. tisanship thing. I want to go to this we can do or what we must do in the I am hoping that men and women of chart here, and this talks about the near future to begin to get our finan- goodwill across this country will focus budget deficits from 1982 to 2006, a 24, cial house in order of our Nation. on some of these accounting facts. 25-year period, starts with President As you know, I am an economist by Maybe ask a little more of your news- Reagan back in 1982. And you see the training and a former financial advisor papers and TV stations back home to minus numbers here, all the way down and investment banker for 12 years be- get more real news because I think this through the fourth year of the Clinton fore I came to the House of Representa- will do more to determine the future of administration, or fifth year of the tives; and besides sitting on the Armed our kids and grandkids than anything Clinton administration, in which, Services Committee and the Homeland else we talk about on the floor of Con- working together right in here, a Re- Security Committee, I also sit on the gress, because when you run deficits publican-led Congress and a Demo- Joint Economic Committee for the like this, that means you accumulate cratic President worked together for Congress, the economic committee debt and that debt carries a high inter- the Balanced Budget Act of 1997, which that looks at the macro picture of est rate, and that interest simply must then produced a positive result that what is going on in the United States. be paid. got the country back on the right And, quite frankly, we take a look at That is the one tax increase that can track, at least in terms of its cash our position vis-a-vis the rest of the never be repealed, and those debt costs basis deficit issue. countries of the world. In other words, are mounting every year. Petty soon So you see that that was a very posi- how are we going to hold on to our fi- the debt that we are having to pay our tive thing here. nancial status, our quality of life, our creditors, many of whom are foreign, is And the biggest issue we had in 2001, way of life as we know it? And I be- getting to be so large it is almost larg- when President Bush was sworn into lieve, every night when I go to sleep, I er than the entire defense budget of the office, was how do we deal with the $5.6 believe that this is the biggest issue United States. trillion, 10-year projected surplus we that is facing us here in Washington, So it is a crisis, Madam Speaker. It is had. We had a $5.6 trillion, trillion, D.C., and as Americans. something that we must deal with, and now, projected surplus in 2001. Earlier, Mr. COOPER showed a chart I hope that our colleagues will pay Many of us, especially of those of us that said that we are telling the Amer- more attention to these issues. in the Blue Dogs said, hey, there are ican people, this Congress, this Repub- We understand that next week the several things we can do. Number one lican-led Congress is telling the Amer- budget is supposed to come up for a is we ought to address these priorities ican people that, in this coming year, floor vote. They were unable to pass a related to Medicare and Social Secu- our shortfall or what we are over- budget a few weeks ago. It is vitally rity. We know those programs have spending by for the year will be $319 important that not only do we have a long-term problems. Let’s spend part of billion. And it says it right there. budget, but we have a budget that re- the money there. Let’s use part of it to But the reality is, take aside our re- flects reality. The budget that will be give back in tax breaks and let’s use sponsibilities that we have told people brought to the House floor will not re- part of it to pay down this huge Fed- we are going to do for Medicare and So- flect these true numbers. They will eral debt that we had. cial Security for the future, the reality

VerDate Aug 31 2005 04:21 May 03, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.091 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1967 is that we spend much more than $319 don’t think we are going to be out by Clinton, a Democrat, Speaker Newt billion this year. Without that Medi- the end of the year. Gingrich, a Republican, and Majority care and Social Security responsi- You do the math. $1.5 billion a week. Leader of the Senate, TRENT LOTT, a bility, we really spend $760 billion more That is the operating cost of being Republican, sat together and said how than the money we take in. bogged down in Iraq. Will it be 3 years, do we do this in a bipartisan way. You Now we sat down a while ago with 5 years, 10 years, 20 years? Korea, at 50 don’t have any of that at work any- the Comptroller of the United States as years? more. a Blue Dog Coalition, and he said to us Start adding up those numbers, I think that is the thing that dis- that 70 percent of the deficit that we America, and you will understand why appoints me more than anything, is I have on an annual basis is because we we, the Blue Dogs, are so concerned know that there are people of goodwill are not collecting the taxes we should that the Republicans will not take this that would work in good faith all over be collecting from the American pub- seriously and sit down with us and this country that serve in this body lic. In other words, with the three sets hash out what we need to do in order to that don’t have that opportunity be- of tax cuts that were given by Presi- begin to get this under control. cause we are not allowed to sit down. dent Bush and the Republican Con- That is why I am grateful that you The majority party in many cases just gress, we have failed to take in the have come down here today to talk won’t sit down with us and work to- money we need to pay our bills. What about this, Mr. BOYD. gether to solve these problems. So we are basically doing is borrowing to Mr. BOYD. I thank the gentlewoman these are very, very difficult solutions. pay, and at some point that comes due. from California for your leadership on I know the chart that showed the ac- It is like putting it on a credit card. these areas and particularly on the crual accounting and the $2.7 trillion At some point, the credit card com- Armed Services Committee. deficit, those are hard numbers to un- pany will come and tell you, okay, you Mr. COOPER. I thank the gentleman derstand. Here is one that is not hard have got to pay up. And, as you know, for yielding. to understand. This is what you actu- it becomes much more difficult than to I just wanted to add a note to what ally owe today. We owe as a govern- have paid it as you went along. the gentlewoman from California said ment today $8.352 trillion. That is tril- We, as Blue Dogs, believe that we talking about pay as you go. That is a lion with a T. $28,000 for every man, should do pay as you go, that we should policy that former Federal Reserve woman and child. That is what our make tough decisions every year and Chairman Alan Greenspan said would debt is today. And somebody has to pay decide how we are going to spend and be the single most important thing we that back. We also have to pay the in- how we are going to tax and bring in could do in Congress to help get our fis- terest on that. We have to service that the monies we need, how we are going cal house in order. Alan Greenspan say- debt on a regular basis. And as the in- to cut spending, if we need to cut ing the single most important thing we terest rates go up, then, obviously, spending. But we haven’t been allowed could do to get it in order. that is what I call a debt tax which to do that. Each and every year, as Because Chairman Greenspan and cannot be repealed. It has got to be Blue Dogs, when we get together and most other economists know that paid. we make our budget and we think PAYGO worked very well from 1990 Mr. COOPER. If the gentleman will about it, Mr. COOPER, on the Budget when it was first put in place, until yield. Committee, others of us, and the re- 2002, when the Republican majority al- He is exactly right. Those numbers ality is that every year the Repub- lowed it to expire. Chairman Greenspan are much clearer than the numbers I licans decide that it is not the year to can even remember the day and the gave, because every American can look get our house in order, our financial hour that PAYGO was allowed to ex- at that $28,000 and say that is what I house in order. pire, because he knew then that our owe. That is what my spouse owes. Now, you know, there are some Nation was risking serious trouble. That is what each of my kids owes. things that people haven’t even begun But we have not really been allowed But if the gentleman would like the to think that will impact even more to vote on bringing back pay as you go. modern accounting comparison for our deficit spending over the inability It is a shame, because that pay as you those numbers, under accrual account- for us to pay our bills on an annual go policy forces Congressmen to make ing, each American today owes $156,000 basis and, therefore, put it on the cred- responsible decisions. You cannot in- apiece, $156,000 for every man, woman it card. crease spending unless you find offset- and child in this country. And that The Medicare part D, the prescrip- ting cuts somewhere else, and you can- would mean for a family of five, that is tion drug program that the Repub- not reduce taxes unless you find some almost 3⁄4 of $1 million. That is a lux- licans voted in 2 years ago, okay, it way to pay for it. It is very sensible. It ury house anywhere in America, the hasn’t gone very well. We all know is the sort of policy we all have to do cost of a luxury house. And yet we that. We all wonder what they are in our own household expenses, and our don’t get to live in the house. We just doing with it, et cetera. They said it Nation was doing so well with it for 12 get the mortgage. And that is on top of would cost $400 billion over 10 years. years, from 1990 to 2002. But, since 2002, our real house and our real expenses This is extra that they were going to we have not had PAYGO, and that is and car payments and rent and all spend. We now know it is going to cost one reason you are seeing these terrifi- those things we have to pay. at least $1.5 trillion if we meet the re- cally high deficits. sponsibility of that program. That is Mr. BOYD. If the gentleman would b 2145 not factored into the budget deficit yield. So it is a terrific and crushing finan- that we see coming in the future. I know the gentleman served in Con- cial obligation that has been put on us Hurricane Katrina, that is not gress prior to 1994 and is actually on just in the last few years. factored in. We have done really very his second trip back and was not here Mr. BOYD. Madam Speaker, the fact little. We have already given about $83 in 1997 when we did the 1997 Balanced is that some future Congress and some billion towards Hurricane Katrina, but Budget Act. But Congresswoman future President has a lot of hard, the two Louisiana senators from that SANCHEZ and myself were. And one of tough work to do, a lot of painful deci- State have a bill that says they want the keys to that 1997 Balanced Budget sions to make to get us back in bal- us to spend almost $300 billion more Act which led us to balancing the budg- ance. It will be done somewhere down just for Louisiana to get the place fixed et here in this era was PAYGO. the road. We know that will happen, up. That is not counted in the deficits Spending caps was another key ele- but it is going to be very painful. we see for the future. ment of that. You put caps on spending Ms. LORETTA SANCHEZ of Cali- And the Iraq war, $1.5 billion a week programs, and you leave them there, fornia. Madam Speaker, if the gen- of spending. How long is it going to and you agree upon that. Those are not tleman would yield, the other problem take? We are already approaching al- here anymore, as you know, under this is that as soon as we focus, and we most $400 billion spent on that war by administration, this Republican-led must focus, on beginning to figure out the end of this year. And I sit on that Congress and Republican administra- how we pay this down, we need to do committee, the military committee. I tion. Back then, it was President Bill that. We have explained why. But the

VerDate Aug 31 2005 03:10 May 03, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.092 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1968 CONGRESSIONAL RECORD — HOUSE May 2, 2006 reality is that when we are doing that, cial area, with honesty, and we have to from Tennessee, Representative LIN- that is less money in our pockets, if be accountable. On the congressional COLN DAVIS, and I yield to my friend you will, to be able to educate our chil- side, our forefathers designed our sys- now. dren, to educate ourselves, to invest in tem so that the congressional side Mr. DAVIS of Tennessee. Congress- roads and water systems and sanita- would have an oversight role, that we man BOYD, thank you for yielding. I tion systems and what makes America would make the laws and appropriate deeply appreciate your efforts and the productive vis-a-vis the rest of the the money, and our job was to make gentlewoman from California and my countries of the world. sure that the executive branch, the good friend from Nashville, Tennessee, I can guarantee you that this debt is President and the executive agencies, for the comments that you have been held to a large extent by countries spent the money and applied the laws making and trying to make this Con- around the world, Japan and China, the in the way that we intended them to gress, this House, and those who may European countries. They are who we be. And I do not think that is hap- be observing us, aware of the situation owe. And they are looking at ways of pening as well as it should these days. that we are in. how do they increase their quality of And I want to cite a couple of exam- In the mid-1990s, I was amazed and life. And they are investing in edu- ples. somewhat taken aback and, quite cation. They are investing in water An article in Monday’s Boston Globe frankly, somewhat was in agreement systems. When we have to pay this reports that the administration has with the contract that was proposed by down, we will not be able to make that disregarded more than 750 laws enacted a group of individuals on September 27, investment. since he took office, adopting the pol- 1994. And I looked at most of those and Mr. BOYD. Madam Speaker, the gen- icy that basically the administration I thought that sounds just like a tlewoman makes a good point. In the has the authority to pick and choose a Southern Democrat in what they would past when we had to run up debt, for provision of which laws that they wish propose. I am going to read some of instance, during World War II and at to follow. This is a blatant disregard those to you. other times in a national emergency, for the way our forefathers set up our I am a general contractor, and I do that debt in large part was bought by Federal Government and has really not do much work anymore. Our job Americans. That financing was pro- upset the balance between the branches sure does not allow us to do that; so, vided by Americans. That is not the of government, and it has prevented therefore, I am not out building as I case today. Of this over almost $3 tril- Congress from carrying out our respon- was through the 1990s and the 1980s and lion that has been borrowed since Jan- sibility of lawmaking and oversight. the early part of the 21st century. But uary 2001, the great bulk of it, the ma- Let me cite an example of oversight when I signed a contract with someone, abdication: from 1994, when President jority of it, has been lent to us by there were certain ordinances in that Clinton sat in the White House and the China and Japan. So in most cases, for- that said you have to abide by these or congressional House and the Senate eign countries, some not necessarily else if you do not, we will take over were controlled by Republicans, there that are friendly to our cause, are lend- that contract and we will hire some- were over 1,000 subpoenas issued from ing us this money. body else or put someone else in your Mr. COOPER. If the gentleman would 1994 to 2000, over 1,000 subpoenas issued place that will fulfill those commit- yield, many Blue Dogs have asked to appear before House committees, ments that you have made. And I under oath, to justify and explain ac- where are the war bonds for the Iraq would sign a payment of performance tions of the administration. It is a role war. Because during World War II, we bond that would do exactly that. So I that Congress should be playing, an had war bonds and it was a patriotic felt that any contract that you made oversight role. obligation, if you could afford to, to Since January of 2001, there have with this country, it was a contract lend money to our government to con- been virtually no subpoenas issued by that was binding. So I want to read duct the war. The administration has this House to this administration to some parts of the contract. Item No. 2, it says on the first day we not asked for war bonds for Iraq. Nor explain their actions. And Congress has will ‘‘select a major, independent au- have we asked for Katrina bonds. That basically abdicated its oversight role. diting firm to conduct a comprehensive would be a great way that Americans And as a result, you see misuse of could show their support. I saw in the power and some corruption springing audit of Congress for waste, fraud, and newspaper today that a Middle Eastern up in places, and I think we will see abuse.’’ We cannot even audit several country, Qatar, has offered to pay mil- more of that unless Congress steps up of our different Departments and agen- lions of dollars to New Orleans. There and exercises its role of oversight over cies of the Federal Government today. should be an effort for the American the executive branch. This was a pledge in 1994. people to lend ourselves the money we Ms. LORETTA SANCHEZ of Cali- I look at something else here. It says need to get through this. Instead, we fornia. If the gentleman would yield for we ‘‘guarantee honest accounting of run up $1 trillion of debt with China. a moment, but part of the reason of our Federal budget by implementing Already many countries have gigantic why no subpoenas have been issued is zero base-line budgeting.’’ In the Ten- amounts. You may have seen the car- that this House is controlled by the nessee legislature, we understood what toon. When the President of China, Hu same party that controls the White that was. Apparently, the folks who Jintao, came to visit a couple of weeks House. And the Democrats, my party, agreed to sign this contract did not, ago, there was a cartoon in the paper we are not allowed to issue a subpoena. and the rest of the story, as some fa- where there was a little balloon out of A subpoena can only be issued by the mous person says, is still being told. the White House saying, ‘‘Oh, our land- consent of the chairman of a com- Then I take a look at No. 6, the Na- lord’s here.’’ When you start lending mittee, and that chairman would be a tional Security Restoration Act: no money on that scale from China to the Republican. And, believe me, I have U.S. troops under U.N. command and United States and we have to pay that had a lot of questions and a lot of restoration of the essential parts of our back to China, that almost means that things I have wanted to ask the admin- national security funding to strength- we are beholden to them, and that is a istration and its Departments with re- en our national defense and our credi- very dangerous security risk for our spect to some of their spending. I am bility around the world.’’ When I go to country. not allowed to do that. NANCY PELOSI is other countries, I am sometimes fright- So I appreciate the gentleman’s lead- not allowed to do that. It must be done ened, not that I am an American, be- ership on this issue. by a Republican, and they have refused cause when God put my soul in the Mr. BOYD. I appreciate both of you to subpoena. This is one of the reasons body of a woman who lived in America folks being here today. why there have been no subpoenas basi- at conception and let me be born an One last thing that I wanted to talk cally issued out of the House. American, it was one of the greatest about, the third point that I wanted to Mr. BOYD. That is a great point, and blessings I could receive. But other make, was the issue of honesty and ac- I thank the gentlewoman for making folks I do not necessarily agree with. I countability by the administration. We it. think they misinterpret the American have to deal with the American people Madam Speaker, we have been joined people and how they have a lack of re- in all areas, and particularly our finan- by my good friend and fellow Blue Dog spect for us. I do not like that and I

VerDate Aug 31 2005 03:10 May 03, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.094 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1969 want us to change that, and I think money went. This is where your money floor and they want to criticize Demo- foreign policy can make a difference. went. It is your money and here is crats and Republicans. We are all adult So I think that those are failures. where your money went. and mature individuals. It is time we Our national defense, September 11 And the next thing I would do, I started acting like Americans instead happened after 1994. I am not blaming would call up at Andrews Air Force of Democrats and Republicans. anyone there, but I am just saying we Base and I would have them cap off Air It is my hope we can start working need to start thinking in this country. Force One with fuel. I would get 10 of together and take this bitterness away. Another one said ‘‘term limits to re- the best pilots in the Navy. I would Bipartisanship is the only thing that is place career politicians with citizen also get 10 of the folks who can speak going to solve this thing. In the Rules legislators.’’ We have a Senator who Arabic really well, and I would load Committee, when we are not allowed to ran from Tennessee and said he would them up, and we would have a nonstop introduce amendments, I just got a serve 12 years. I applaud BILL FRIST for flight to Kuwait. And I would tell the news release that went out, and I will not running again. I do not necessarily folks in Kuwait, remember about 10 mention this because it is from the Na- always agree with him, nor do I dis- years ago when you were invaded by tional Republican Committee. agree with him a lot. But one thing I this fellow named Saddam Hussein, or ‘‘DAVIS Shares Blame for High Gas do agree with him on: he kept his word. almost 15 years ago, and you came to Prices. We may not have passed the bill. But, the world’s stadium and platform and ‘‘National Democrats are desperate quite frankly, the bill does not require said, Please help us. We have got to gain traction on any issue they can you to keep your word. My father al- 600,000 people, and a 25 million popu- in the lead up to the 2006 elections. As ways said if you are honest, you will be lation country and their leader, Sad- gas prices across the Fourth District rewarded; if you are dishonest, you ul- dam Hussein, has just invaded us and rise, so does the Democrat rhetoric. timately will be punished and will lose. they have taken over our oil fields, and What Representative LINCOLN DAVIS Here is something else: ‘‘a balanced the rest of the world came to your res- probably hasn’t mentioned though is budget and tax limitation amendment cue. that he voted twice against helping and a legislative line-item veto.’’ I I would get the sheiks. I would get consumers feel less of a pinch at the have been here for a little over 3 years. the mullahs and the emirs and what- pump.’’ I have never seen either one of these ever they call themselves, the royalty, They mention resolution number 519 items that these folks who signed the the folks who inherit the position, and and number 145, the Gasoline for Amer- contract, as I would sign as a builder, I would say $3-a-gallon gas is breaking ica’s Security Act and the Energy Con- have tried to pass. Again, if you were the back of every woman and every servation, Research and Development back in Tennessee and if you were man who is working in my district. Act. working for a developer, the first thing You realize that Republican Senator b 2200 that would happen is they would say BILL FRIST wouldn’t even put this bill you have broken your contract; so we That is our worst enemy. We have up on the Senate floor because it didn’t will take it over and get somebody else conquered your enemy. You help with do what it said it did? So, in essence, to finish the job. I think the American ours now. even the Republicans in the Senate dis- public needs to understand that, that I would go to Saudi Arabia and some agreed with those who voted in this when you give your word, your word is of those folks, and I would tell them House on this bill. That is the kind of your bond. the same story. Then I would go to Iraq truth you get from the truth squad I travel my district, all 24 counties, and put the troops there that was need- when they come up and start talking. and, quite frankly, there is no con- ed to put production back in those oil Mr. BOYD. Madam Speaker, reclaim- versation about $3 a gallon of gasoline, fields up to 3.5 million barrels a day ing my time, I appreciate the gen- very little. There is very little con- that was there when Oil for Food was a tleman. He brings a lot of common versation about a $1,000 per month-plus policy that we criticize now so much. sense and wisdom. for health care; very little conversa- And certainly the dishonesty of it I know our time has expired, Madam tion about the huge deficits that we should be criticized. But I would put Speaker. I just want to conclude by have today; very little conversation back on line those oil wells. saying that I hope that you understand about the war in Iraq, where we have What that does for us is to help us that the Blue Dogs are a group of men lost 2,500 young men and spend $100 bil- balance our budget. Instead of us and women who are ready to work to- lion a year, approximately, in that spending $100 billion of American tax- gether across the aisle in a bipartisan country. But we played a little game payer money, HAROLD FORD, a can- way to solve these problems. We have one day as I played when I was a kid in didate for the U.S. Senate, says that some very, very tough problems, and school. We called it tag. In essence, you the American taxpayers are footing the we have a group of folks who are ready have to tag somebody else out so they bill for both sides in this war. As we and willing to roll up our sleeves and can chase the other folks until ulti- pay $3 a gallon gasoline, we are helping go to work, and let’s solve some of mately they capture someone, and then the insurgency get money, especially these problems. they have to start running someone from some of their buddies in Saudi Mr. DAVIS of Tennessee. Madam down. So I said let us kind of play tag. Arabia, and other places fund their in- Speaker, that doesn’t say Blue Dog If you were President, what would you surgency through the dollars that go in Democrats. It says Blue Dog Coalition. do? and go back out to the radical groups Republicans can join it. An older fellow in the back said, No, of Islam. And then American taxpayers f Congressman. We have elected you. If are paying for the American troops you were the President, what would that are sacrificing their lives there. REPORT ON RESOLUTION PRO- you do? I would put on line the oil fields in VIDING FOR CONSIDERATION OF I said the first thing I would do for Iraq and get them producing more than H.R. 4954, SECURITY AND AC- this country is I would audit this coun- 1.5 to 1.9 million barrels a day, and I COUNTABILITY FOR EVERY PORT try. I would get the best CPAs, the would bring the revenue in to where ACT most honest, the most knowledgeable, the American taxpayers would have to Mr. SESSIONS (during the Special and I would audit every Department, quit paying for the cost of the war in Order of Mr. BOYD) from the Com- every agency. I would look at every no- Iraq. mittee on Rules, submitted a privi- bid contract to find out how much prof- I know our time is about ended. I leged report (Rept. No. 109–450) on the it was made. I would audit this coun- have a whole lot more I would like to resolution (H. Res. 789) providing for try, and I would tell the American pub- talk about. The point I want to make consideration of the bill (H.R. 4954) to lic why in 2001 we had 200-plus billion is that in this country today, we have improve maritime and cargo security dollars in surplus and why now we have a battle on our hands. through enhanced layered defenses, and 300-plus billion dollars in deficits. So I If you notice, I am not mentioning a for other purposes, which was referred would audit America. I would find out word on the other side, their name. It to the House Calendar and ordered to and tell the folks, this is where the saddens me when folks come to this be printed.

VerDate Aug 31 2005 03:10 May 03, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.095 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1970 CONGRESSIONAL RECORD — HOUSE May 2, 2006 MESSAGE FROM THE SENATE up inside the Department of Energy for disposal to get this information out to A message from the Senate by Ms. several months, and the Army Corps of the American public and to initiate Curtis, one of its clerks, announced Engineers report is dated September of programs to deal with these problems? that the Senate has passed without 2005, and it says on the cover here, ‘‘World oil peaking is going to hap- amendment a Concurrent Resolution of ‘‘Approved for public release. Distribu- pen. World production of conventional the House of the following title: tion is unlimited.’’ But there was es- oil will reach a maximum and decline thereafter. That maximum is called H. Con. Res. 349. Concurrent Resolution au- sentially no distribution of that until thorizing the use of the Capitol Grounds for just about 2 months ago. the peak. A number of competent fore- the Greater Washington Soap Box Derby. As you will see, Madam Speaker, if casters project peaking within a dec- ade. Others contend it will occur later. The message also announced that the the content of these two reports is cor- Prediction of the peaking is extremely Senate has passed a bill and a Concur- rect, if their observations and rec- difficult because of geological complex- rent Resolution of the following titles ommendations are correct, you would ities, measurement problems, pricing in which the concurrence of the House have expected these two government variations, demand elasticity and po- is requested: agencies to be using every vehicle at their disposal to get this information litical influences. Peaking will happen, S. 1003. An act to amend the Act of Decem- out to the public. but the timing is uncertain.’’ ber 22, 1974, and for other purposes. S. Con. Res. 91. Concurrent resolution ex- Let’s look first at a few quotes from Then this, Madam Speaker, a very pressing the sense of Congress that the the Hirsch Report. The first here says, significant statement. ‘‘Oil peaking President should posthumously award the ‘‘The peaking of world oil production presents a unique challenge,’’ they say, Presidential Medal of Freedom to Leroy presents the United States and the and then this statement. ‘‘The world Robert ‘‘Satchel’’ Paige. world with an unprecedented risk man- has never faced a problem like this. f agement problem. As peaking is ap- Without massive mitigation more than a decade before the fact, the problem PEAK OIL proached, liquid fuel prices and price volatility will increase dramatically,’’ will be pervasive and will not be tem- The SPEAKER pro tempore (Ms. oil was almost $75 a barrel today, ‘‘and porary. Previous energy transitions, FOXX). Under the Speaker’s announced without timely mitigation, the eco- wood to coal and coal to oil, were grad- policy of January 4, 2005, the gen- nomic, social and political costs will be ual and evolutionary. Oil peaking will tleman from Maryland (Mr. BARTLETT) unprecedented. be abrupt and revolutionary.’’ is recognized for half of the time re- ‘‘Viable mitigation options exist on Now I would like to read a few of the maining before midnight. both the supply and demand sides, but quotes and recommendations from the Mr. BARTLETT of Maryland. Madam to have substantial impact they must Corps of Engineers study just out about Speaker, I have here in my hands two be initiated more than a decade in ad- 2 months ago, although the date was pretty big reports that were paid for by vance of peaking.’’ September of last year. our government and have for reasons A little later we will talk more about ‘‘Historically, no other energy source that it is difficult for me to understand this. I am not sure that this is exactly equals oil’s intrinsic qualities of been pretty much ignored apparently the way that I would have articulated extractability, transportability, by the organizations that paid for our challenge. We will talk about that versatility and cost. The qualities that them. a little later. enabled oil to take over from coal as The first of these is a big report paid ‘‘Dealing with world oil production the frontline energy source for the in- for by the Department of Energy called peaking will be extremely complex, in- dustrialized world in the middle of the The Peaking of World Oil Production: volve literally trillions of dollars and 20th century are as relevant today as Impacts, Mitigation and Risk Manage- require many years of intense effort.’’ they were then. Oil’s many advantages ment. This is generally known as the Now another quote from this Hirsch provide 1–1⁄3 to 21⁄2 times more eco- Hirsch Report, because the project Report. ‘‘We cannot conceive of any af- nomic value per million BTUs than leader was Dr. Robert Hirsch from fordable government-sponsored crash coal. Currently, there is no viable sub- SAIC, a very prestigious scientific and program to accelerate normal replace- stitute for petroleum.’’ engineering organization. This report ment schedules so as to incorporate Madam Speaker, that is a startling is dated February, 2005. higher energy efficiency technologies statement. If in fact the world is peak- For reasons that we are trying to into the privately owned transpor- ing in oil production and there is no find, this was bottled up, apparently, tation sector. Significant improve- viable substitute for petroleum, inside the Department of Energy, be- ments in energy efficiency will thus be wouldn’t you think that the agencies cause it didn’t become publicly avail- inherently time-consuming, of the paying for these studies would have able until several months after that. order of a decade or more.’’ used every vehicle available to them to The second report I have here is the If we are talking about transpor- get this word out to the American pub- report by the U.S. Army Corps of Engi- tation, Madam Speaker, that is indeed lic and to articulate a rational pro- neers. This obviously is paid for by the true. Because the average automobile gram for dealing with this emergency? Army. It is dated September of 2005, and small truck is in the fleet about ‘‘Oil prices may go significantly and it was just about 2 months ago 17–18 years and the average 18-wheeler higher,’’ they say, ‘‘and some have pre- that it finally got out of the Pentagon about 28 years. So any improvements dicted prices ranging up to $180 a barrel into the public. This one is called En- that we ever make, we are making in in a few years.’’ Just under $75 today, ergy Trends and Their Implications energy efficiency in automobiles and $180 a barrel in a few years. For U.S. Army Installations. I would trucks, is going to take quite some ‘‘In general, all non-renewable re- submit that wherever they mention time to show any meaningful effect be- sources follow a natural supply curve: ‘‘Army,’’ you could substitute ‘‘the cause of how long they are in the fleet. Production increases rapidly, slows, United States’’ and it would be com- Now a third quote from the Hirsch reaches a peak and then declines at a pletely appropriate. Report. Madam Speaker, I would like rapid pace, similar to its initial in- What I would like to do for the first us to keep in our mind the question, if crease. The major question for petro- few minutes is to look at some of the this is true and we have two reports, as leum is not whether production will comments and recommendations in you will see, that have reached essen- peak, but when. There are many esti- these two reports; and I would like to tially the same conclusion, we have no mates of recoverable petroleum re- keep asking the question, why have reason to believe there was any collu- serves, giving rise to many estimates these two government agencies which sion between them. Indeed, their dates of when peak oil will occur and how paid for these reports done essentially of publication are quite different, Feb- high the peak will be. A careful review nothing to promulgate this informa- ruary to September. And if these obser- of all of the estimates leads to the con- tion across the country? Rather, it vations and recommendations in these clusion that world oil production may would seem that there was an intent to reports are in fact correct, then one peak within a few short years, after keep this information from the public, might wonder why haven’t these agen- which it will decline.’’ Campbell and because the Hirsch Report was bottled cies been using every vehicle at their Deffeyes, several references here.

VerDate Aug 31 2005 03:10 May 03, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MY7.047 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1971 Let me digress for just a moment. last 8.4 years. Of course, we cannot get peaked, he became kind of a celebrity. One of these, Dr. Deffeyes, predicted it out that fast. So we are importing What we have here, Madam Speaker, is that the peak did occur a couple of gas. But that is all we have remaining his predicted curve, the smooth green months ago, and he says he is no longer is 8.4 years. This is the Corps of Engi- curve. And then the more ragged curve, a prognosticator, he is now a historian, neers. green curve with the largest symbols because the peak, he believes, is behind The proved world reserve lifetime for represents the actual data points. us. natural gas is about 40 years, but will And you see that right on schedule in ‘‘Once peak oil occurs, then the his- follow a traditional rise to a peak, then 1970, oil production peaked. Now, this toric patterns of world oil demand and a rapid decline. Domestic oil produc- is the lower 48. He did not know about price cycles will cease. Unfortunately, tion peaked in 1970 and continues to de- Alaska at that time, and in just a mo- Saudi Arabia has not been able to in- cline. This is a really startling sta- ment we will look at another chart crease supply above its monthly pro- tistic. Proved domestic reserve lifetime which includes Alaska. duction peak of April 2003.’’ for oil is about 3.4 years. The red there, by the way, is the So- And I am reminded here of a recent That means if we could pump oil as viet Union. More oil than we, peaked book by Matt Simmons called Twilight fast as we are using it, our 2 percent of just a bit after us. They kind of fell in the Desert. He has done a very schol- the world’s reserve would last us, at apart when the Soviet Union fell apart, arly and exhaustive study of all of the the rate at which we are using oil, 3.4 and they are now having a second open literature and believes that Saudi years. small peak. But after that it will be Arabia has peaked in oil production. World oil production is at or near its continually downhill. b 2215 peak; and current world demand ex- The next chart shows where we have Iraq may also have significant excess ceeds the supply, which is why oil is been getting our oil from. Not just in capacity if it can be brought into pro- about $75 a barrel. Saudi Arabia is con- the lower 48. And that is this blue duction. Under Saddam Hussein, we got sidered to be the bellwether nation for curve and the dark blue one under it, oil production and has not increased Texas and the rest of the United about 21⁄2 million barrels a day from production since April of 2003. After States. But then you see the natural Iraq; now we are lucky to get 11⁄2 mil- lion barrels a day. peak production, supply no longer gas liquids and the Alaska oil, and the Meanwhile, domestic oil production meets demand; prices and competition Gulf of Mexico oil. in both the lower 48 States and Alaska increase. And you see that in 1970 we peaked, continues to decline. Many non-OPEC World proved reserves lifetime for oil and just a little blip in the downhill oil producers have also passed or are is about 41 years, most of this at a de- side of what is called Hubbert’s peak currently reaching their peaks of pro- clining availability. Our current throw- here. I remember particularly, Madam duction. Indeed, Madam Speaker, of away nuclear cycle uses up the world Speaker, the fabled Gulf of Mexico oil the 48 largest oil-producing countries reserve of low-cost uranium in about 20 discoveries which were supposed to get in the world, 33 have already peaked. years. We will see significant depletion us home free. That is the yellow on And now their recommendations. of Earth’s finite fossil resources in this this chart. Notice the relatively tri- And excuse me for reading, but to para- century. We must act now to develop fling contribution that the Gulf of phrase this would not have quite the the technology and infrastructure nec- Mexico oil discoveries made, about impact of reading exactly their words. essary to transition to other sources. 4,000 wells out there. We were reminded The coming years will see significant This is dated September of last year, of that last fall with these hurricanes, increases in energy costs across the Madam Speaker. Have you seen any- when a number of them were damaged. spectrum. Not only are energy costs an body in authority in our country tell- The next chart is from the Hirsch re- issue, but also reliability, availability, ing the American people this? We must port, and that shows you what we do and security. act now to develop the technology and with this oil. It is really kind of inter- It is time to think strategically infrastructure necessary to transition esting. The light blue here represents about energy and how the Army, and to other energy sources. transportation. That is about 70 per- please substitute here the United Policy changes leap ahead of tech- cent of all of the energy from the oil States, should respond to the global nology breakthroughs, cultural that we use is used in transportation. and national energy picture. A path of changes and significant investment is Then there is industrial and a little bit enlightened self-interest is encouraged. requisite for this new energy future. of electric power and a little bit com- The 21st century is not the 20th cen- Time is essential to enact these mercially. But the major part of our oil tury. changes. The process should begin now. is used in transportation. Issues will play out differently and Indeed, if they had written this 20 That is a liquid fuel. And, you know, geopolitics will impact the energy pos- years ago, they would use exactly that the challenge is to find something to ture of the Nation. Technology will same language. Because we really replace that. The next chart is a really change more rapidly and flexibility should have started some 20 years ago. interesting one, and we could spend a will be a crucial part of installation op- Madam Speaker, what is all of this long time on this chart, because it has erations. This must also extend to the about? What are they talking about? so much information on it. energy infrastructure and its oper- To understand that, we need to go back But I want to look at it just in gross ational concepts. about six decades and to the life of a form here. The bar graphs here rep- And then this very interesting state- very, now very famous oil geologist, resent the discovery of oil, and you see ment: the days of inexpensive, conven- Dr. M. King Hubbert, who worked for that way back in 1940 we were discov- ient, abundant energy sources are the Shell Oil Company. ering some big fields of oil. And then a quickly drawing to a close. When I read In 1956, as a result of his studies, he little later in the 1950s, the 1960s, the that, Madam Speaker, I was reminded published a paper that the 50th-year 1970s, we were discovering a lot of oil. of the short paragraph that Matt anniversary of that was March 8, in And our use of oil was very small Savinar uses in introducing his discus- which he predicted that the United then. The heavy black line here rep- sion of peak oil. States would peak in oil production resents our use of oil, and notice that He says: ‘‘Dear reader. Civilization as about 1970. we were finding enormously more oil we know it is coming to an end soon.’’ Now this was revolutionary. Because than we were using. I hope that he is overly pessimistic. We at that time I believe we were the larg- So there was every reason to believe will see. Domestic natural gas produc- est producer of oil in the world, and that for the foreseeable future and be- tion peaked in 1973. Now, note this sta- probably the largest exporter of oil in yond everything was going to be just tistic, Madam Speaker: the proved do- the world. Shell Oil Company pleaded fine, because we were finding enormous mestic reserve lifetime for natural gas with him not to publish a paper, that amounts of oil and we were not using at current consumption rates is about we would make him and them look very much oil. But then that all turned 8.4 years. really silly. around about 1980. What this says is, if we can get all of He published the paper anyhow. And Because at about that time, the dis- our gas from our resources, it would 14 years later when right on target we coveries of oil reached a maximum, and

VerDate Aug 31 2005 03:10 May 03, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.099 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1972 CONGRESSIONAL RECORD — HOUSE May 2, 2006 then they trailed off. And you can see But I would like to note that the age of oil would be just a blip, about it here on the downslope here. And in world population has reasonably fol- 300 years long is all, out of 5,000 years spite of improved techniques, in spite lowed this energy cycle. So that we of recorded history. of intense drilling, year by year, we went from about one-half a billion to The next chart shows the predictions have found on the average less and less about 1 billion people here. Steady of some of the experts about when oil. state for quite a long time until we peaking should occur, and this is from For those who are familiar with now have between 6 and 7 billion peo- the Hirsch report, and this was about a curves like this, it is quite obvious ple. year ago, and they could not have that the area under this curve, if we And that dramatic increase in the known that Dr. Deffeyes was going to were to draw a smooth line through world’s population was largely due to conclude that the peaking has already this discovery curve, the area under the incredible quantity and quality of occurred. He gave a specific date for that curve represents the total volume energy from oil and natural gas. I that, and he rather humorously said he of oil which has been discovered. would like to reflect for just a moment is no longer a prognosticator, he is a And the area under the consumption on the quality of this energy, the en- historian. curve represents the total amount of ergy density of these fossil fuels. Well, all these people believe the oil that we have consumed. Now, it is One barrel of oil, and you will now peak is going to occur in the next 5 very obvious that you cannot consume pay a bit more than $100 for the refined years; and then there are a few that be- oil that you have not discovered, and product at the pump, 42 gallons, will lieve it will occur about 5 years after so to find out how much consumption buy you the work output of 12 people that. Then there are Serum, Shell Oil we can have in the future, all one needs working all year for you. Company, a few who believe it will be to do is to look at the area under this If you worked really hard in your sometime in the future. Nobody, discovery curve, and then to project yard this weekend for a full day, I will Madam Speaker, will contend that we where you think the consumption get more work, more mechanical work will not have peaking. It is not if. It is curve is going. out of an electric motor for less than 25 when. Now, this chart has peaking occur- cents’ worth of electricity. And that The next chart is a simple depiction. ring, what, in 5 years or so, about 2010. may be kind of humbling to recognize It shows the same curve, that really There are a number of people who be- that we are worth less than 25 cents a dramatic one you saw a couple of lieve that peaking has occurred about day in terms of the energy available in charts ago, when we had this dramatic now or will occur very shortly. increase in the production of energy, The lightly shaded part of this graph, these fossil fuels. same curve. You can make it short and of course, is to the future; and, Madam Madam Speaker, our children and very high or spread out, depending Speaker, you can make that future certainly our grandchildren will look upon the units you use in the ordinate within limits look about any way you back at our generation and the genera- and the abscissa. want to make it look. For instance, if tion of our parents, and I say that be- This is a 2 percent exponential we use enhanced oil recovery, and we cause my father lived almost half way growth rate, and notice that starts out drill a lot more wells, the United through the age of oil, and they will rather slow, but 2 percent, leave the in- States has drilled 530,000 wells. I be- wonder how we could have behaved the terest in the bank, it grows and grows lieve there are about 400 wells in Saudi way we have behaved. till it is now getting quite steep, even Arabia and maybe 300 in Iraq, both of b 2230 on this expanded abscissa scale. which have enormously more reserves When we found this incredible re- As you saw from the previous chart, than we have. source, this wealth, we should have But if you vigorously go after this most of the experts believe that oil stopped and asked ourselves, what do oil, you might get it sooner. But if you peaking is either now or very shortly we need to do so we can provide the get it sooner, there will be less later, in the future. If, as we have indicated most good for the most people for the unless you are really good at enhanced here, we are at this point, then the longest time with this incredible oil recovery and you are able to get peaking will indeed occur a couple of wealth. It should have been obvious to significantly more out of the ground. years or so hence. everybody that this was not infinite. The next chart kind of puts this in But notice that the discrepancy be- The earth is not made of oil. It is a fi- long-range perspective, and this is a tween the oil we would like to use, the nite resource. really interesting chart. demand curve and the oil which is Looking at the top chart here, we are We are now, as this chart shows in available to use, begins before the looking back about 400 years through 5,000 years of recorded history, about curve. It will not be as smooth as this. history; and we see that the quadrillion 100, 150 years into the age of oil. In an- It will be ups and downs, and oil may Btus, it is so near the zero line here other 100, 150 years, we will be through again fall down to $50 a barrel. That that you probably cannot see the dif- the age of oil. What, then, when we will be nice. Do not count on it. ference. And then we began the Indus- have had to transition to the renew- What we have produced here is what trial Revolution in the late 1700s. And ables? is called a gap. That is a difference be- we began that with wood, of course. We Notice here, Madam Speaker, what tween what is available to use and denuded the hills of New England, the happened in the 1970s. That was really what we would like to use; and, as the mountains of New England, carrying quite dramatic. There was a worldwide next chart shows, the Hirsch Report fo- charcoal to England to make steel. We recession, demand for oil fell, the price cused on the problems of filling that have a little furnace up here in Fred- collapsed, and we reduced our energy gap. What they did is look at the con- erick County, and we denuded the hills consumption. It is now with China and sequences of filling the gap, dependent of northern Frederick County to pro- India and the developing world de- upon when you start to fill the gap, and vide charcoal for that little furnace manding more and more oil increasing if you wait until peaking has occurred, there. again at the same kind of a rate that it you see zero here, that is when it has The Industrial Revolution was stut- did up till 1970. occurred. Then there will be significant tering with wood when we found coal Madam Speaker, I would like to give shortfall. You will be able to do some and were able to utilize that. And then one statistic that is just startling. Up mitigation. look what happened, Madam Speaker, until the Carter years, in every decade In a few minutes, we will talk more when we discovered gas and oil. It just we used as much oil as had been used in about that mitigation; and I wonder if, took off. This is an exponential curve all of previous history. What that in fact, we should try to mitigate or at about a 2 percent growth rate. means is, had we continued on that whether we need to effect a steady In a moment we will show this same course, and fortunately we did not as state where we can live happily and curve with different units on the ordi- this chart shows, but had we continued productively at the current energy nate abscissa, and it will appear to be on that course when we had used up level and thus leave a little more for a much less dramatic curve there be- half of the world’s supply of oil, only our kids and our grandkids and a little cause it really spread out the abscissa one decade of oil would have remained. more for the next few years just ahead here. In 5,000 years of recorded history, the of us.

VerDate Aug 31 2005 03:10 May 03, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.101 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1973 What it shows here is that if you are and I think this is a rather meaningful from the dependence on foreign oil. going to have no supply shortfall, that misrepresentation of what the world Even if there was no such thing as you need to begin the mitigation 20 will look like. peaking, our behavior today needs to years before peaking occurs. Now, from Madam Speaker, for any statisticians be vastly different than it is. all of the experts’ predictions that we out there, it will be quite obvious that We are less than 5 percent of the saw, that is going to be manifestly im- the 50 percent probability is not the world’s population, about one person possible because almost nobody be- mean. The most rightly thing to hap- out of 22, and we use a fourth of the lieves that peaking is two decades from pen is the 95 percent probability. That world’s energy. now. So what one would conclude from is a high probability. It is the lesser, Madam Speaker, when we found all of this is that there are going to be con- the lower amount of oil. that oil, and we more than others fit sequences. By the way, the 50 percent prob- this characterization, rather than a re- The next chart shows what we would ability means that there could be a sponsible response to that discovery, be using to peak. We would be using en- whole lot more oil. It also means there which would ask the question how can hanced oil recovery, coal liquids; and, could be a whole lot less oil. You just we get the most good for the most peo- by the way, South Africa and Hitler’s do not know. What the Energy Infor- ple for the longest time, we acted like Germany demonstrated you can indeed mation Agency does and the USGS is kids that found the cookie jar. We just do that; heavy oil, that is the oil to assume that 50 percent probability pigged out, and here in the United shales, tar sands and so forth, gas-to- is the mean. This is an unusual, and States we are now using 25 percent of liquids and then vehicle efficiency. one might say bizarre, use of statistics, all the world’s oil, and we represent a I mentioned previously how long but using these statistics, you end up bit less than 5 percent of the world’s these vehicles stay in the fleet. If you with almost twice the recoverable oil population. start here, there will be several years left in the world. These top two numbers are signifi- before you notice any effect, and then You see, they said that the ultimate cant. With only 2 percent of the oil re- slowly over 50 years. That is a little recovery would be about 2 trillion bar- serves, we are pumping 8 percent of the less than the average lifetime of the rels of oil with a 95 percent probability. world’s oil. That means we are pump- average car and pickup in the fleet and We have already used about half of ing our wells four times faster than the about half the average lifetime of an that, about 1 trillion barrels. So there average in the world, which means that 18-wheeler in the fleet. is about 1 trillion left. we are going to be increasingly depend- Madam Speaker, I would like to won- With the mean, which they say is ex- ent on foreign oil as we pump down our der if, in fact, we ought to be trying to pected, now that is not the expected reserves. fill the peak, that is, to fill this gap till value. The expected value is the 95 per- The next chart kind of puts this in a there is no shortfalls so that the world cent probability. That is the most global perspective. Because what this can continue to use all the oil that it probable. That is what it means. It is shows, and many people now recognize would like to use. Notice that, except the most probable. this, that for the last several years for vehicle efficiency, we are dealing But with this assumption that that is China has been scouring the world for here with finite resources. They are the mean, which is a bizarre use of sta- oil. We have symbols here which show not forever, and the more we use now, tistics, that pushes the peak out only who has access to the major sources of the less we will have to use in the fu- from here at about 2000 to about 2016. oil in the world, and notice the symbol ture. So even if there is that much more oil for China is all over this map. They Today, we are amassing the largest there, and, by the way, only half of have bought all of the increased capac- intergenerational debt transfer in the that yet to be pumped 2 trillion barrels ity of the Canadian oil sands. They history of the world. I would like not have been found, you remember that have major commitments from South to include with that an enormous en- earlier chart that showed the steep de- American countries. They almost ergy deficit that we are going to pass cline in discoveries, one must project bought Unocal in our country. They on to our kids and our grandkids. We something phenomenal in the future, have really major commitments from are already burdening them with an that it will look just vastly different the Middle East. enormous responsibility to not only than the last few years. It would dis- Madam Speaker, not only this, but run their government on current rev- cover enormous basins of oil, and there they recognize that we have the only enue but to pay back all of the money is no expert out there that I know who blue water Navy, that is the Navy that that we borrowed from their genera- believes that anything like that is sails the seven seas of the world and tions to run our government today. In going to happen. Notice that you push can control all of the access lanes. good conscience, Madam Speaker, can the peak out only about 10 years if you They see that we could, if we wish, cut we also borrow from their generations have that much more oil. off their source of oil. the fossil fuel energies which will be Now there is another interesting as- essential for establishing any reason- sumption that is made here, and that is b 2245 able quality of life in their genera- if you can produce it with enhanced oil So they are very aggressively build- tions? recovery and then you have a 10 per- ing a blue water Navy. I would submit that the challenge cent decline, look what happens. You Last year, we launched one sub- should not be to fill the gap. The chal- are really falling off a cliff. marine; they launched 14 submarines. lenge should rather be to establish an The next chart kind of puts this in Now theirs are not the quality of ours, infrastructure and economy, lifestyles perspective; and it is these numbers, certainly, but they are improving. that can be interesting and productive Madam Speaker, which prompted Well, what do we do? And the next and sustaining while we make the inev- Boyden Gray and Frank Gafney and chart kind of presents this challenge itable transition to renewables. These Jim Woolsey and 27 other prominent and this picture. Obviously, if what are all finite. You cannot fill that gap Americans, four-star admirals and gen- these two big reports say is true, that forever with these. As a matter of fact, erals, to write to the President some we are just about reached peaking, for some of them, you cannot fill it months ago, a number of months ago, then we need to be about transitioning. very long. saying, Madam Speaker, the fact that In fact, we should have been about The next chart shows us something we have only 2 percent of the world oil transitioning from fossil fuels to the about the consequences of excessive reserves and we use 25 percent of the renewables. consumption. This is a really inter- world’s oil, importing almost two- Madam Speaker, we knew of a cer- esting chart. I would like to start here thirds of what we use, is an unaccept- tainty 26 years ago in 1980 we had al- with this little insert where I think we able national security risk. Mr. Presi- ready slid 10 years down the other side are, and this is from our Energy Infor- dent, we have got to do something of Hubbard’s Peak. Now, M.P. Hubbard mation Agency, and they get the data about that. was right about the United States. He from the USGS. We talked to the En- Even if you think that the only prob- predicted that the world would be ergy Information Agency, and they lem with oil is a national security risk, peaking about now. Madam Speaker, just use the information from USGS, we ought to be about freeing ourselves he was right about the United States.

VerDate Aug 31 2005 03:30 May 03, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.102 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1974 CONGRESSIONAL RECORD — HOUSE May 2, 2006 Would you not think that our leaders Just a word of caution. Hydrogen is trogen fertilizer was barnyard manure have wondered maybe, just maybe, he not an energy source. We will always and guano. The guano is gone. It took might be right about the world, and use more energy to produce hydrogen tens of thousands of years to produce maybe we ought to be doing something than we get out of it, or else we will it, we believe, and now it is harvested, about that? There has been a deafening have to suspend the second law of ther- and it is gone. That is the droppings silence on this subject for the last 26 modynamics. And, Mr. Speaker, if we from birds and bats on tropical islands years. can do that, we can suspend the law of and caves and so forth. Any rational person, get a bright gravity and we are really home free, All those other segments of the pie fifth grader and he will tell you what are we not? here are other fossil fuel energy inputs we need to be doing: We need to call Why even talk about hydrogen then? into growing corn. I would just like to upon all of our finite resources to help Well, because of the two characteris- emphasize in very large measure the us through this transition period, and tics of hydrogen. One is when you fi- food we eat is just transformed gas and those finite resources are the tars and nally burn it, you get water that is not oil, and without gas and oil it would be the oil shales and coal. And then there polluted. And if you have used a non- very difficult to produce the amounts is nuclear as kind of a separate class, polluting energy source to produce it of food that we are producing today. light water reactors, breeder reactors. like nuclear, for instance, or wind or The next chart is a really interesting And note the quote from the Corps of solar, then you are totally nonpol- one. The little analogy that I use here Engineers study that the high-quality luting. is that we are very much like a young cheap, that is fissionable, uranium, The second advantage of hydrogen is couple whose grandparents have died will be exhausted in about 20 years, so that it is quite ideal for fuel cells if in and left them a big inheritance, and we will need to move to breeder reac- fact we are ever able to make fuel cells they have established a lifestyle where tors which, as the name implies, makes that are economic. With the fuel cell, 85 percent of all the money they spend more fuel than they use and so they you get about twice the efficiency or at comes from their grandparents’ inher- are kind of self-sustaining. But, with least twice the efficiency that you get itance and only 15 percent from their that, you buy some problems of trans- out of reciprocating engine. income. They look at the inheritance portation and enriching and products The next chart looks at coal. And and how old they are and project a rea- some will tell you do not worry about that could be used by bad guys for sonable life span, and, gee, the grand- energy because we have got an incred- making nuclear weapons. parents’ inheritance is going to give I have a number of colleagues who ible supply of coal, they will tell you, out long before we retire. So, obvi- have been stoutly opposed to nuclear, in 500 years. That is not true. At cur- ously, Madam Speaker, they have got but when they are now rationally con- rent use rates, we do have 250 years of to do one or both of two things: Either sidering the alternative of shivering in energy, of coal. they have got to make more money, or the dark, nuclear is looking better and Albert Einstein said that compound they have got to spend less money. better. interest was the most powerful force in Nuclear fusion, if we ever got there, the universe. If you increase its use I use that 85/15, and others will use 86/ Madam Speaker, we are home free. only 2 percent, that 250 years shrinks 14. The 85/15 shows what our energy de- There is nothing else on this chart that to about 85 years. And, now, if you pendence is now. About 85 percent of gets us home free. Fusion does. I sup- have to use some of the energy from all the energy we use comes from fossil port happily the roughly $250 million a the coal to convert to a gas or a liquid, fuels. That is like the inheritance from year that we put into this technology. and we will have to do that because we our grandparents: It will not last for- But I think that counting on solving have limited uses for coal itself, then ever. And only about 15 percent of it our energy future challenges with fu- you reduce it to 50 years. That is mean- comes from other sources. A bit more sion is a bit like me or you, Madam ingful. But it is a finite resource. It is than half of it that comes from nuclear Speaker, planning to solve our personal not forever. It is dirty. You are either power, 8 percent of our total energy, 20 economic problems by winning the lot- going to pay a big environmental pen- percent of our electricity. tery, and I think the odds are probably alty or an economic penalty for clean- As you drive home tonight, note that somewhere near the same. ing it up. every fifth business and every fifth Once we have gone through these fi- The next chart is an interesting one, house would be dark if it weren’t for nite resources and have developed all and that looks at the opportunities and nuclear power. the nuclear that we wish to develop, limitations from the agricultural Then we look at that 7 percent which then we will ultimately, and the geol- world. On the top here, we have two lit- is renewable energy, and the biggest ogy will assure it, because coal, gas tle sequences which indicate the en- chunk of that is conventional hydro and oil are not forever, we will transi- ergy transformation from petroleum, that will not grow in our country. We tion to the renewables, and these are and notice that you start out with may get some micro-hydro, but the big what they are, solar and wind and geo- maybe 5 equivalents of energy and end rivers have all been dammed and prob- thermal. That is true geothermal, up with 4, so it is 5:4. And with corn to ably more than we should have where you are tapping into the molten ethanol, you ought to do better, be- dammed. core of the earth. There is not a chim- cause you are getting some energy The next biggest chunk of that comes ney in all of Iceland because all of from the sun here. There are lots of from wood, and that is the paper indus- their energy is geothermal there, ocean challenges. It is or it can be energy try and the timber industry wisely energy, the tides and thermal gradients positive. It certainly is in South Amer- burning a waste product that would and so forth. ica, where Brazil is converting sugar otherwise end up in the landfill. Agriculture resources, a lot of talk cane, which is a bit better than corn, And then waste energy, that 8 per- today about ethanol and methanol and to ethanol, and they are now freeing cent. By the way, this 1 percent is 0.07 soy diesel and biodiesel and biomass. themselves from dependence on im- percent, because that is 1 percent of 7 Waste energy, a great idea. Instead of ported oil and soon all of their cars will percent from solar. That is a tiny, tiny putting it in a landfill, burn it. There be ethanol cars. amount of energy. But this was in 2000. is lots of energy there. A very produc- The bottom pie chart here is some- That has been growing at 30 percent a tive plant, state-of-the-art plant up in thing I wanted to spend just a moment year, so now it is about four times big- Montgomery County who would be on because it is so startling. This ger. It is now 0.28 percent. Big deal, happy, Madam Speaker, to have you shows you the energy input into pro- Madam Speaker. 0.28 percent? And that come visit them there. ducing a bushel of corn. Notice the pur- is about the same thing for wind, And then hydrogen from renewables. ple area there, almost half of it, it says maybe a bit more from agriculture. That is significant. Today, we are get- nitrogen, that is nitrogen fertilizer Those are the energy sources we are ting all of our hydrogen from natural made from natural gas. When natural going to have to increasingly rely on in gas. That is not renewable. That, by gas is gone, that source of nitrogen fer- the future. So we have got a big chal- and by, will be gone, and then we will tilizer is gone. lenge ahead of us. have to get hydrogen from renewables Madam Speaker, before we learned The next chart depicts what we or from nuclear. how to do that, the only source of ni- ought to be doing. The first thing we

VerDate Aug 31 2005 03:30 May 03, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.104 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1975 need to do is to buy some time. You Madam Speaker, I think that we my ankle playing soccer and had to go see, it takes three things to develop have a great bright future if we chal- to the emergency room for x-rays. My these renewables: It takes money, and lenge the American people and marshal bill came out to $1,242.50 because I can it takes energy, and it takes time. Mr. the resource. I think we have a very only afford a measly insurance that Speaker, we will not worry about the bumpy ride if we do not. only has catastrophic coverage. This is money, although we should. Because I look forward, Madam Speaker, to a ridiculous amount of money for such when it comes to money we just borrow our leadership showing the way. I a visit, and it causes me to consider it from our kids and our grandkids by think Americans will follow. I think those less fortunate than me who have running up a big debt. So let us not that we can be a role model to the even more serious injuries and less fa- worry about the money here. world, and I think that we can get milial support. This cost can truly But we cannot borrow time from our through this with less problems than make waves in the lives of people.’’ kids, and we cannot borrow energy many are depicting, but we won’t get Suzanne from Stoughton, Wisconsin from our kids. The only way to buy there unless we start. writes, ‘‘It is time, time to have the some time and free up some energy is f government deal with health care. We with a pretty massive conservation are covered under COBRA which will program which frees up some energy. b 2300 run out in March. The cost is going Today, Madam Speaker, there is no COVER THE UNINSURED from $500 per month to $900 per month. surplus energy to invest in alter- We checked with Blue Cross and they natives. All of it is needed by the The SPEAKER pro tempore (Mr. refuse us coverage because of a pre- economies of the world, or oil would GOHMERT). Under the Speaker’s an- existing condition. They will not even not be roughly $75 a barrel. nounced policy of January 4, 2005, the offer a waiver for this preexisting con- Madam Speaker, what this chart de- gentlewoman from Wisconsin (Ms. dition. We checked with the Wisconsin notes is a program that I think needs BALDWIN) is recognized for the remain- State insurance program which will three qualities if we are going to make ing time until midnight. cover us for $1,200 a month. Please, let this transition in any acceptable way. Ms. BALDWIN. Mr. Speaker, I rise people over 60 buy into Medicare. It is First, we must have everybody in- tonight during Cover the Uninsured impossible to find a job that offers volved, a total commitment like World Week to draw attention to a national health insurance.’’ War II. I lived through that. Everybody crisis. According to the Census Bureau, Roberta from Janesville, Wisconsin had a victory garden, everybody saved 45.8 million Americans are without writes, ‘‘I think the insurance bills for their household grease and took it to a health insurance. Millions more en- both medical and dental are horren- central repository. It was the last war, counter a health care system that is dous. Both my husband and I work full the last time that everybody in our inadequate in meeting their basic med- time with two small children, living country was involved. We need a pro- ical needs because they are under- paycheck to paycheck. My insurance gram, Madam Speaker, that has the insured. costs have caused us many heartaches total commitment of our population in The Commonwealth Fund recently with us owing more money than what World War II. It needs to have the tech- released a study estimating that there needs to be paid. As a result, I will not nology focus of putting a man on the are an additional 16 million Americans get a needed medical procedure done. moon, because we are going to have to who are underinsured, meaning their Something drastically needs to change have a lot of technology breakthroughs insurance does not adequately protect in the United States of America where and applications here if we are going to them against catastrophic health care make it. hardworking individuals and families expenses. That means that 61 million can get the treatment they need with- Thirdly, it needs to have the inten- Americans either have no health insur- sity of the Manhattan Project. Minus out going broke.’’ ance or have only sporadic coverage or Roberta brings up an important point that, I think we are going to have a have insurance coverage that leaves very rough ride. We should have begun in her letter because people without them exposed to very high health health insurance are often not getting 26 years ago. costs. Sixty-one million Americans is Once we have freed up some time and the care that they need. A recent study nearly 20 percent of all Americans. freed up some energy, we need to use it released by the Robert Wood Johnson That is one in five Americans who have wisely. And what has the biggest po- Foundation found that cost prevented inadequate or no health care coverage tential? What will have the biggest 41.1 percent of uninsured adults from at all. payoff? I think there are enormous seeing a doctor that they needed to see. The lack of affordable, comprehen- benefits to this. I can see the American But getting needed care is also dif- people going to bed every night think- sive health care affects every congres- ficult for Americans who have health ing to themselves, gee, I really contrib- sional district in this Nation. To high- insurance because the financial strain uted today. I used less energy, I lived light the issue and the real impact that resulting from high health care costs, very comfortably, and I am really being uninsured has on the lives of rising premiums, and increasing copays working on that new project which is Americans, I have selected some let- and deductibles place an incredible going to help my kids and my ters that I have received from my con- strain on American families, often grandkids to live as well as I live or stituents who have had difficulty ob- forcing them to choose between needed maybe even better. taining and affording comprehensive health care and basic necessities like I think that we can be a role model health care coverage. food. It is no wonder that illness, in- for the world. I think that we can de- Too often here in Congress we speak jury, and medical debt is responsible velop a lot of technology that we can of health care issues in the antiseptic for nearly 50 percent of all personal export, but, Mr. Speaker, we will never jargon of policymakers and lawyers, bankruptcies in the United States. get there unless we start. but people across America are hurting Patricia from Madison, Wisconsin I am wondering again, unless we and these letters tell their stories in writes, ‘‘We need to fix health care. I close in the way we started, these two their own words. have to choose between heat and food big studies paid for by our government I represent a district in south central and medications. I have lost 80 pounds noting the problems that we face in the Wisconsin, and while the letters I read because of this. Please help.’’ future, why have not those parts of the may be from Wisconsinites, they speak Heather from Waterloo, Wisconsin government that paid for these reports to the difficulties people all over the writes, ‘‘I am married, and together claimed ownership? Why are they not United States face every day. I am with my husband I own a home. We live using the resources available to them going to start with a few letters about a modest, middle-class life, managing to make this information available to the ever-increasing price of health to always have what we need except for the American people? Why are they not care. health care coverage. My husband has coming to us with a program that says Eva from Madison, Wisconsin writes, excellent health care at his job, but for we have a big challenge, we have big ‘‘I am contacting you in regards to my me to also be covered by his plan, we opportunities, we really need to get desperate need for public health care. I would need to pay nearly $400 a month. going? am a grad student. I recently sprained That is two-thirds as much as our

VerDate Aug 31 2005 03:30 May 03, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.105 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1976 CONGRESSIONAL RECORD — HOUSE May 2, 2006 home mortgage. Through school, I have year-old son. Because of my pre-exist- year, the company that I worked for worked less and less in order to main- ing condition, we cannot buy affordable informed us that they would be closing tain health coverage. I have only been health coverage. COBRA would cost us down. I was laid off in December while able to afford short-term major med- $1,200 per month. I am currently apply- I was out due to my cancer treatment. ical coverage. I am grateful that we ing for Medicaid and other forms of I have been searching for health care can afford this, but it does make a dif- public assistance as a last resort. This everywhere because my COBRA will be ference. Even now if I have a sore is ridiculous. going up and I am on unemployment throat, I will wait for a few days to see ‘‘As someone with no insurance, I and barely able to pay the $244.76 for how I feel. I will wait because if I don’t wonder what could possibly be the the coverage now. I cannot get insur- need to go, I will certainly save the problem with implementing a public ance because of the breast cancer. money. This is disturbing to me as a health care system. Oh, I have heard HIRSP, which is the Wisconsin State nursing student because I know about the horror stories about having fewer High Risk Program, is too expensive the importance of early treatment and choices in doctors, longer waiting lists for me to get coverage since they want prevention, and it is upsetting to me as for procedures, and less incentive 4 months of premiums up front, and as a person because I value my health. It among doctors and researchers to de- they only cover some things. is unacceptable to me as a citizen be- velop new techniques. But what’s most ‘‘What are single people supposed to cause I know there are other people frightening to me is the chance that do? We don’t qualify for any govern- just like me who wait and get sicker or my son might get sick or my baby ment assistance because we are single. can’t take the medications they need.’’ might be born with expensive com- We cannot go without insurance. There Mr. Speaker, simply put, our health plications while we are uninsured. are no programs to help us out. So care system is failing and America ‘‘I am not naive. I know that funding when you are working on health care knows this. Among the thousands of public health care is an issue. But is it in the House of Representatives, please letters regarding health care that I re- wise to sacrifice the health and well- remember that there are other single ceive, there is a common thread, a being of American citizens to avoid the people out there also in my shoes. I am common theme that binds them to- challenge of implementing a change? I, at a crossroad because I have no ave- gether; and that common theme is an for one, would be satisfied to pay more nue for assistance when it comes to overwhelming frustration with a sys- for goods and services if I could rest as- health care. Come November, I will be tem they know just is not working and sured that my family’s basic health unable to get coverage when I need it a call for us in Congress to take action. care needs were being met.’’ at this point in my life.’’ Victor, from Stoughton, Wisconsin Brad from Mount Horeb, Wisconsin Janet from Portage, Wisconsin writes, ‘‘My wife can only work part writes, ‘‘I write you today to urge you writes, ‘‘I have a 53-year-old brother time because of her health. Her em- to take action on a growing crisis in who has psoriasis all over his body and ployer offers a generic policy that costs America: health care. I strongly be- arthritis that is caused by this. Three only $3.97 per week and requires no lieve that we need a national health weeks ago, he fell and needs surgery on background check. This policy covers care plan to insure all Americans. My his shoulder to repair it. He has no job, basically nothing. Medical supplies, major concern with the current system no money and no insurance. We started checkups, doctors visits necessary on a is that when people attempt to obtain looking for a program to help him. routine basis for my wife to survive are insurance, insurance companies refuse There are none that we can find. There now not covered. My wife is uninsur- them because of past health history. is nothing to help him get his shoulder able because of her health, and we have Let’s face it, insurance companies are fixed. But after it heals wrong and he is been turned down for health insurance in business to make a profit. The best disabled because of it, then there are that we have applied for. We cannot be- way to make a profit is to insure the programs to help him. They won’t help lieve that this is happening.’’ healthy so that you can minimize the him get it fixed so he could find a good Ronald from Deerfield, Wisconsin claims you pay out and not insure job. Instead, they would rather support writes, ‘‘I was on COBRA insurance for those who need medical care or who him for the rest of his life instead of 3 years, which ended this past fall. I may potentially need medical care. trying to help him now.’’ spent from March until September try- I am 38 years old with a family of Gail from Janesville, Wisconsin four. I currently participate in a health ing to get private insurance, but could not because of my neck injury. I was, writes, ‘‘My husband lost his job in Oc- savings account. For all practical pur- tober of 2003. He applied for over 100 po- poses, I pay for all of my own medical in effect, looked at and dismissed by 33 private insurance companies because of sitions, only to be told that he lacked needs, including the recent birth of our a college degree or he is overqualified, daughter. I recently attempted to my pre-existing condition with my neck injury. Just imagine how you or they can only pay $8 an hour. I was switch insurance providers. The insur- diagnosed with breast cancer in June of ance companies will insure me, but would feel after being dismissed by this many companies. I was finally insured 1998 and again in 2003. I have gone they will not insure my daughter for through breast cancer twice and have any type of treatment for her asthma through disability and Medicare. The sad reality of it is that if I want to try undergone a mastectomy and recon- for 3 years along with no drug coverage structive surgery. for life. The policy I was requesting to work full time again, I cannot, be- ‘‘COBRA has run out and without a had a $10,000 deductible, yet they still cause in doing so it would cost me the stable income, we cannot afford to pay refused the coverage.’’ only insurance options I have left. Kimberly from Madison, Wisconsin ‘‘The truth is that many other coun- the premiums of our own health care writes, ‘‘I am writing today because of tries can and do provide equitable policy. My husband is 59 and I am 58, my family’s frustration and anxiety health insurance to all of their citi- and we have no medical coverage. I over health care. Although we hear a zens, no matter what pre-existing con- have looked in every insurance com- lot of rhetoric about making health dition they have or their ability to pay pany and get turned down because of care more affordable and/or more avail- or what income level they have. I be- my medical history. All our lives we able for Americans, nothing is hap- lieve this country does have top-notch have paid into these insurance compa- pening, at least not soon enough.’’ medical facilities, but not decent or eq- nies only to be turned away when we uitable insurance for the poor and mid- need coverage the most.’’ b 2310 dle-income families.’’ Mr. Speaker, I hope that as Cover the ‘‘Let me briefly share our story,’’ Susan from Bariboo, Wisconsin Uninsured Week continues, my col- Kimberly proceeds. ‘‘My husband re- writes, ‘‘I am writing you today re- leagues will join me in recognizing that cently started his own business. Obvi- garding health insurance coverage for obtaining comprehensive, affordable ously, it will take some time for his single people with no children. As of health care presents a very real chal- new company to see any profits, much this time, I feel that I am left out of lenge for millions and millions of less income. In the meantime, we are the loop in regards to this topic. I am Americans. We cannot turn a deaf ear without health insurance. I am 5 42, and last September I was diagnosed on our constituents’ pleas for help. I months pregnant, and we have a 2- with breast cancer. In January of this invite my colleagues to join me in

VerDate Aug 31 2005 03:30 May 03, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.106 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1977 working on this most pressing domes- p.m.), the House adjourned until to- 7148. A letter from the Principal Deputy tic priority, to provide quality afford- morrow, Wednesday, May 3, 2006, at 10 Associate Administrator, Environmental able health care for all Americans. a.m. Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation f f of Air Quality Implementation Plans; Maine; Architectural and Industrial Maintenance LEAVE OF ABSENCE EXECUTIVE COMMUNICATIONS, ETC. (AIM) Coatings Regulation [EPA-R01-OAR- By unanimous consent, leave of ab- 2005-ME-0003; A-1-FRL-8038-1] received March sence was granted to: Under clause 8 of rule XII, executive 14, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to communications were taken from the the Committee on Energy and Commerce. Ms. JACKSON-LEE of Texas (at the re- Speaker’s table and referred as follows: 7149. A letter from the Principal Deputy quest of Ms. PELOSI) for today. 7139. A letter from the Principal Deputy Associate Administrator, Environmental Mrs. JONES of Ohio (at the request of Associate Administrator, Environmental Protection Agency, transmitting the Agen- Ms. PELOSI) for today on account of Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation business in the district. cy’s final rule — Modified Cry3A Protein and of Air Quality Implementation Plans; Texas; Mr. OSBORNE (at the request of Mr. the Genetic Material for Its Production in Permits by Rule [R06-OAR-2005-TX-0016; BOEHNER) for today and the balance of Corn; Extension of a Temporary Exemption FRL-8045-5] received March 14, 2006, pursuant the week on account of business in the from the Requirement of a Tolerance [EPA- to 5 U.S.C. 801(a)(1)(A); to the Committee on HQ-OPP-2006-0174; FRL-7766-6] received Energy and Commerce. district. 7150. A letter from the Principal Deputy March 14, 2006, pursuant to 5 U.S.C. Mr. SWEENEY (at the request of Mr. Associate Administrator, Environmental 801(a)(1)(A); to the Committee on Agri- BOEHNER) for today on account of ill- Protection Agency, transmitting the Agen- culture. ness. 7140. A letter from the Principal Deputy cy’s final rule — Clean Air Act Approval and Promulgation of Air Quality Implementa- f Associate Administrator, Environmental Protection Agency, transmitting the Agen- tion Plan Revision for Colorado; Long-Term SPECIAL ORDERS GRANTED cy’s final rule — Cyfluthrin; Pesticide Toler- Strategy of State Implementation Plan for Class I Visibility Protection; Withdrawal of ance Technical Correction [EPA-HQ-OPP- By unanimous consent, permission to Direct Final Rule [EPA-R08-OAR-2005-CO- 2005-0205; FRL-7766-2] received April 11, 2006, 0002; FRL-8044-4] received March 14, 2006, pur- address the House, following the legis- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- suant to 5 U.S.C. 801(a)(1)(A); to the Com- lative program and any special orders mittee on Agriculture. heretofore entered, was granted to: 7141. A letter from the Principal Deputy mittee on Energy and Commerce. 7151. A letter from the Principal Deputy Associate Administrator, Environmental (The following Members (at the re- Associate Administrator, Environmental Protection Agency, transmitting the Agen- quest of Ms. WOOLSEY) to revise and ex- Protection Agency, transmitting the Agen- cy’s final rule — Hexythiazox; Pesticide Tol- tend their remarks and include extra- cy’s final rule — Testing of Certain High erances [EPA-HQ-OPP-2006-0168; FRL-7768-3] neous material:) Production Volume Chemicals [EPA-HQ- received March 16, 2006, pursuant to 5 U.S.C. OPPT-2005-0033; FRL-7335-2] (RIN: 2070-AD16) Mr. GEORGE MILLER of California, for 801(a)(1)(A); to the Committee on Agri- 5 minutes, today. received March 14, 2006, pursuant to 5 U.S.C. culture. 801(a)(1)(A); to the Committee on Energy and Mr. PALLONE, for 5 minutes, today. 7142. A letter from the Principal Deputy Commerce. Mr. BLUMENAUER, for 5 minutes, Associate Administrator, Environmental 7152. A letter from the Principal Deputy today. Protection Agency, transmitting the Agen- Associate Administrator, Environmental Mr. BROWN of Ohio, for 5 minutes, cy’s final rule — Inert Ingredients; Revoca- Protection Agency, transmitting the Agen- today. tion of 29 Pesticide Tolerance Exemptions cy’s final rule — Underground Storage Tank for 27 Chemicals [EPA-HQ-OPP-2005-0251; Ms. WOOLSEY, for 5 minutes, today. Program: Approved State Program for Penn- FRL-7760-6] received March 16, 2006, pursuant Mr. DEFAZIO, for 5 minutes, today. sylvania [FRL-8011-3] received March 14, 2006, to 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. COSTA, for 5 minutes, today. Agriculture. mittee on Energy and Commerce. Ms. KAPTUR, for 5 minutes, today. 7143. A letter from the Principal Deputy 7153. A letter from the Principal Deputy Mr. EMANUEL, for 5 minutes, today. Associate Administrator, Environmental Associate Administrator, Environmental Mr. STUPAK, for 5 minutes, today. Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- Ms. CORRINE BROWN of Florida, for 5 cy’s final rule — Imidacloprid; Pesticide Tol- cy’s final rule — Approval of the Clean Air minutes, today. erance [EPA-HQ-OPP-2006-0053; FRL-7766-8] Act, Section 112(I), Authority for Hazardous received March 16, 2006, pursuant to 5 U.S.C. (The following Members (at the re- Air Pollutants: Perchloroethylene Air Emis- 801(a)(1)(A); to the Committee on Agri- sion Standards for Dry Cleaning Facilities: quest of Ms. FOXX) to revise and extend culture. Commonwealth of Massachusetts Depart- their remarks and include extraneous 7144. A letter from the Comptroller, De- ment of Environmental Protection [EPA- material:) partment of Defense, transmitting a report R01-OAR-2006-0277; FRL-8157-9] received April Mr. MORAN of Kansas, for 5 minutes, of a violation of the Antideficiency Act by 11, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to today. the Department of the Army, Case Number the Committee on Energy and Commerce. 05-06, pursuant to 31 U.S.C. 1517(b); to the Mr. PAUL, for 5 minutes, today and 7154. A letter from the Principal Deputy Committee on Appropriations. May 3. Associate Administrator, Environmental 7145. A letter from the President and Protection Agency, transmitting the Agen- Mr. KENNEDY of Minnesota, for 5 min- Chairman, Export-Import Bank of the United cy’s final rule — Finding of Substantial In- utes, today. States, transmitting a report on trans- adequacy of Implementation Plan; Call for Mr. BURGESS, for 5 minutes, May 3. actions involving U.S. exports to Austria Missouri State Implementation Plan Revi- Mr. BILIRAKIS, for 5 minutes, May 9. pursuant to Section 2(b)(3) of the Export-Im- sion [EPA-R07-OAR-2005-MO-0007; FRL-8158- Mr. GINGREY, for 5 minutes, May 3 port Bank Act of 1945, as amended, pursuant 7] received April 11, 2006, pursuant to 5 U.S.C. and 4. to 12 U.S.C. 635(b)(3)(i); to the Committee on 801(a)(1)(A); to the Committee on Energy and Financial Services. Commerce. Mr. BURTON of Indiana, for 5 minutes, 7146. A letter from the Principal Deputy 7155. A letter from the Principal Deputy today and May 3 and 4. Associate Administrator, Environmental Associate Administrator, Environmental Mr. PENCE, for 5 minutes, May 3. Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- Mr. WELDON of Pennsylvania, for 5 cy’s final rule — Approval and Promulgation cy’s final rule — Revocation of TSCA Sec- minutes, today. of Implementation Plans Georgia; Approval tion 4 Testing Requirements for Certain Ms. FOXX, for 5 minutes, today. of Revisions to the State Implementation Chemical Substances [EPA-HQ-OPPT-2003- Plan [EPA-R04-OAR-2005-GA- 0005- 200601; Mr. WESTMORELAND, for 5 minutes, 0006; FRL-7751-7] (RIN: 2070-AD42) received FRL-8045-4] received March 14, 2006, pursuant May 3. April 11, 2006, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Energy and Mr. MCHENRY, for 5 minutes, May 3, 4 Energy and Commerce. Commerce. and 9. 7147. A letter from the Principal Deputy 7156. A letter from the Principal Deputy f Associate Administrator, Environmental Associate Administrator, Environmental Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- ADJOURNMENT cy’s final rule — Approval and Promulgation cy’s final rule — Sodium Metasilicate; of Air Quality Implementation Plans; Arkan- Amendment to an Exemption from the Re- Ms. BALDWIN. Mr. Speaker, I move sas Update to Materials Incorporated by Ref- quirement of a Tolerance [EPA-HQ-OPP- that the House do now adjourn. erence [FRL-8022-1] received March 14, 2006, 2002-0241; FRL-8063-5] received April 11, 2006, The motion was agreed to; accord- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ingly (at 11 o’clock and 18 minutes mittee on Energy and Commerce. mittee on Energy and Commerce.

VerDate Aug 31 2005 03:30 May 03, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MY7.107 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE H1978 CONGRESSIONAL RECORD — HOUSE May 2, 2006 7157. A letter from the Principal Deputy transmitting pursuant to section 36(c) of the partment’s final rule — Security Zones; Port Associate Administrator, Environmental Arms Export Control Act, certification re- Valdez, Tank vessel moving security zone Protection Agency, transmitting the Agen- garding the proposed license for the export of and Valdez Narrows, Valdez, AK [COTP Price cy’s final rule — Approval and Promulgation defense articles and services to the Govern- William Sound 02-011] (RIN: 1625-AA87) re- of Implementation Plans Tennessee: Revi- ment of Turkey (Transmittal No. DDTC 001- ceived January 24, 2006, pursuant to 5 U.S.C. sions to Volatile Organic Compound Defini- 06); to the Committee on International Rela- 801(a)(1)(A); to the Committee on Transpor- tion [EPA-R04-OAR-2005-TN-000 8-200534(a); tions. tation and Infrastructure. FRL-8157-8] received April 11, 2006, pursuant 7167. A letter from the EEO Programs Di- 7177. A letter from the Chief, Regulations to 5 U.S.C. 801(a)(1)(A); to the Committee on rector, Board of Governors of the Federal Re- and Administrative Law, USCG, Department Energy and Commerce. serve System, transmitting the second an- of Homeland Security, transmitting the De- 7158. A letter from the Principal Deputy nual report pursuant to Section 203(a) of the partment’s final rule — Security Zones; Port Associate Administrator, Environmental No Fear Act, Pub. L. 107-174, for fiscal year Valdez and Valdez Narrows, Valdez, AK Protection Agency, transmitting the Agen- 2005; to the Committee on Government Re- [COTP Price William Sound 05-012] (RIN: cy’s final rule — Washington: Final Author- form. 1625-AA87) received January 24, 2006, pursu- ization of State Hazardous Waste Manage- 7168. A letter from the Principal Deputy ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment Program Revisions [FRL-8158-4] re- Associate Administrator, Environmental on Transportation and Infrastructure. ceived April 11, 2006, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- 7178. A letter from the Chief, Regulations 801(a)(1)(A); to the Committee on Energy and cy’s final rule — Approval and Promulgation and Administrative Law, USCG, Department Commerce. of Air Quality Implementation Plans; Indi- of Homeland Security, transmitting the De- 7159. A letter from the Principal Deputy ana [EPA-R05-OAR-2006-0124; FRL-8040-6] re- partment’s final rule — Drawbridge Oper- Associate Administrator, Environmental ceived March 16, 2006, pursuant to 5 U.S.C. ation Regulations; Shark Rivr, NJ [CGD05- Protection Agency, transmitting the Agen- 801(a)(1)(A); to the Committee on Resources. 06-001] (RIN: 1625-AA-09) received January 24, cy’s final rule — Rule to Reduce Interstate 7169. A letter from the Principal Deputy 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transport of Fine Particulate Matter and Associate Administrator, Environmental Committee on Transportation and Infra- Ozone (Clean Air Interstate Rule): Reconsid- Protection Agency, transmitting the Agen- structure. eration [OAR 2003-0053; FRL-8047-9] (RIN: cy’s final rule — Revisions to the Nevada 7179. A letter from the Chief, Regulations 2060-AN57) received March 16, 2006, pursuant State Implementaion Plan, Washoe County and Administrative Law, USCG, Department to 5 U.S.C. 801(a)(1)(A); to the Committee on District Board of Health [EPA-R09-OAR-2005- of Homeland Security, transmitting the De- Energy and Commerce. 0002, FRL-8040-8] received March 16, 2006, pur- partment’s final rule — Drawbridge Oper- 7160. A letter from the Principal Deputy suant to 5 U.S.C. 801(a)(1)(A); to the Com- ation Regulations; Elizabeth River, Eastern Associate Administrator, Environmental mittee on Resources. Branch, Virginia [CGD05-06-004] (RIN: 1625- Protection Agency, transmitting the Agen- 7170. A letter from the Assistant Secretary AA-09) received January 24, 2006, pursuant to cy’s final rule — Resource Conservation and for Legislative Affairs, Department of State, 5 U.S.C. 801(a)(1)(A); to the Committee on Recovery Act Burden Reduction Initiative transmitting the Department’s final rule — Transportation and Infrastructure. [RCRA-2001-0039; FRL-8047-3] (RIN: 2050- Visas: Documentation of Nonimmigrants 7180. A letter from the Chief, Regulations AE50) received March 16, 2006, pursuant to 5 under the Immigration and Nationality Act, and Administrative Law, USCG, Department U.S.C. 801(a)(1)(A); to the Committee on En- as Amended (RIN: 1400-AC06) received March of Homeland Security, transmitting the De- ergy and Commerce. 29, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to partment’s final rule — Drawbridge Oper- 7161. A letter from the Principal Deputy the Committee on the Judiciary. ation Regulations: Oceanport Creek, Associate Administrator, Environmental 7171. A letter from the Secretary, Depart- Oceanport, NJ [CGD01-06-013] received March Protection Agency, transmitting the Agen- ment of Transportation, transmitting the 24, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to cy’s final rule — Approval and Promulgation Department’s final report entitled, ‘‘Non- the Committee on Transportation and Infra- of Air Quality Implementation Plans; military Helicopter Urban Noise Study,’’ structure. Lakeview PM10 Maintenance Plan and Re- pursuant to 49 U.S.C. 47528(d)(2); to the Com- 7181. A letter from the Chief, Regulations designation Request [EPA-R10-OAR-2006- mittee on Transportation and Infrastruc- and Administrative Law, USCG, Department 0010; FRL-8041-9] received March 16, 2006, pur- ture. of Homeland Security, transmitting the De- 7172. A letter from the Chief, Regulations suant to 5 U.S.C. 801(a)(1)(A); to the Com- partment’s final rule — Drawbridge Oper- and Administrative Law, USCG, Department mittee on Energy and Commerce. ation Regulations; Connecticut River, Old 7162. A letter from the Principal Deputy of Homeland Security, transmitting the De- Lyme, CT [CGD01-06-020] received March 24, Associate Administrator, Environmental partment’s final rule — Security Zones; San 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Protection Agency, transmitting the Agen- Francisco Bay, San Pablo Bay, Carquinez Committee on Transportation and Infra- cy’s final rule — Approval and Promulgation Strait, Suisan Bay, California [COTP San structure. of Air Quality Implementation Plans; La Francisco Bay 05-007] (RIN: 1625-AA87) re- 7182. A letter from the Chief, Regulations Grande PM10 Maintenance Plan and Redesig- ceived March 24, 2006, pursuant to 5 U.S.C. and Administrative Law, USCG, Department nation Request [EPA-R10-OAR-2006-0050; 801(a)(1)(A); to the Committee on Transpor- of Homeland Security, transmitting the De- FRL-8041-6] received March 16, 2006, pursuant tation and Infrastructure. partment’s final rule — Drawbridge Oper- to 5 U.S.C. 801(a)(1)(A); to the Committee on 7173. A letter from the Chief, Regulations ation Regulations; New Jersey Intracoastal Energy and Commerce. and Administrative Law, USCG, Department Waterway, Manasquan River, Correction 7163. A letter from the Assistant Secretary of Homeland Security, transmitting the De- [CGD05-05-079] (RIN: 1625-AA09) received for Legislative Affairs, Department of State, partment’s final rule — Drawbridge Oper- March 24, 2006, pursuant to 5 U.S.C. transmitting a copy of a draft bill entitled, ation Regulation; Skidaway Bridge (SR 204), 801(a)(1)(A); to the Committee on Transpor- ‘‘To implement the Antigua Convention for Intracoastal Waterway, mile 592.9, Savan- tation and Infrastructure. the Stregthening of the Inter-American nah, Chatham County, GA [CGD07-04-124] 7183. A letter from the Principal Deputy Tropical Tuna Commission’’; to the Com- (RIN: 1625-AA09) received April 21, 2006, pur- Associate Administrator, Environmental mittee on International Relations. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Protection Agency, transmitting the Agen- 7164. A letter from the Assistant Secretary mittee on Transportation and Infrastruc- cy’s final rule — Notice of Availability of for Legislative Affairs, Department of State, ture. transmitting pursuant to section 36(c) of the 7174. A letter from the Chief, Regulations ‘‘Award of Grants and Cooperative Agree- Arms Export Control Act, certification of a and Administrative Law, USCG, Department ments for the Special Projects and Programs proposed manufacturing license agreement of Homeland Security, transmitting the De- Authorized by the Agency’s FY 2006 Appro- for the export of defense articles and services partment’s final rule — Drawbridge Oper- priations Act’’ [FRL-8053-8] received April 11, to the Government of Japan (Transmittal ation Regulations: Cheesequake Creek, NJ 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the No. DDTC 008-06); to the Committee on Inter- [CGD01-05-096] (RIN: 1625-AA09) received Committee on Transportation and Infra- national Relations. April 21, 2006, pursuant to 5 U.S.C. structure. 7165. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on Transpor- f for Legislative Affairs, Department of State, tation and Infrastructure. transmitting pursuant to Section 620C(c) of 7175. A letter from the Chief, Regulations REPORTS OF COMMITTEES OF the Foreign Assistance Act of 1961, as and Administrative Law, USCG, Department PUBLIC BILLS AND RESOLUTIONS amended, and in accordance with section of Homeland Security, transmitting the De- Under clause 2 of rule XIII, reports of 1(a)(6) of Executive Order 13313, a report pre- partment’s final rule — Drawbridge Oper- committees were delivered to the Clerk pared by the Department of State and the ation Regulations; Connecticut River, East National Security Council on the progress Haddam, CT [CGD01-06-004] (RIN: 1625-AA09) for printing and reference to the proper toward a negotiated solution of the Cyprus received April 21, 2006, pursuant to 5 U.S.C. calendar, as follows: question covering the period December 1, 801(a)(1)(A); to the Committee on Transpor- Mr. YOUNG of Alaska: Committee on 2005 through January 30, 2006; to the Com- tation and Infrastructure. Transportation and Infrastructure. House mittee on International Relations. 7176. A letter from the Chief, Regulations Concurrent Resolution 359. Resolution au- 7166. A letter from the Assitant Secretary and Administrative Law, USCG, Department thorizing the use of the Capitol Grounds for for Legislative Affairs, Department of State, of Homeland Security, transmitting the De- the District of Columbia Special Olympics

VerDate Aug 31 2005 04:21 May 03, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\L02MY7.000 H02MYPT1 CCOLEMAN on PROD1PC71 with HOUSE May 2, 2006 CONGRESSIONAL RECORD — HOUSE H1979 Law Enforcement Torch Run (Rept. 109–448). guarantee in the form of a refundable tax format; to the Committee on Energy and Referred to the House Calendar. credit for taxpayers who do not itemize de- Commerce. Mr. TOM DAVIS of Virginia: Committee on ductions; to the Committee on Ways and By Ms. HOOLEY: Government Reform. S. 1736. An act to pro- Means. H.R. 5265. A bill to provide grants to cer- vide for the participation of employees in By Mr. BERRY: tain areas to prepare for a tsunami; to the the judicial branch in the Federal leave H.R. 5258. A bill to suspend temporarily the Committee on Transportation and Infra- transfer program for disasters and emer- duty on certain plasma flat panel displays; structure. gencies (Rept. 109–449). Referred to the Com- to the Committee on Ways and Means. By Mr. KUCINICH (for himself, Mr. mittee of the Whole House on the State of By Mr. BERRY: CONYERS, Ms. LEE, Mr. SANDERS, Ms. the Union. H.R. 5259. A bill to require the Biomass Re- WATERS, and Mr. OLVER): Mr. SESSIONS: Committee on Rules. search and Development Board to prepare a H.R. 5266. A bill to provide additional pro- House Resolution 789. Resolution providing biobased fuel action plan to increase the use tections for farmers and ranchers that may for consideration of the bill (H.R. 4954) to im- in the United States of biobased fuel as a be harmed economically by genetically engi- prove maritime and cargo security through ground transportation fuel; to the Com- neered seeds, plants, or animals, to ensure enhanced layered defenses, and for other pur- mittee on Agriculture, and in addition to the fairness for farmers and ranchers in their poses (Rept. 109–450). Referred to the House Committee on Science, for a period to be dealings with biotech companies that sell ge- Calendar. subsequently determined by the Speaker, in netically engineered seeds, plants, or ani- f each case for consideration of such provi- mals, and for other purposes; to the Com- sions as fall within the jurisdiction of the mittee on Agriculture. PUBLIC BILLS AND RESOLUTIONS committee concerned. By Mr. KUCINICH (for himself, Mr. Under clause 2 of rule XII, public By Mr. BRADLEY of New Hampshire CONYERS, Ms. LEE, Mr. SANDERS, and (for himself and Mr. BASS): Ms. WATERS): bills and resolutions were introduced H.R. 5260. A bill to provide that any reduc- H.R. 5267. A bill to prohibit the open-air and severally referred, as follows: tion in the hours of operation of Department cultivation of genetically engineered phar- By Mr. SENSENBRENNER (for him- of Veterans Affairs Medical Center emer- maceutical and industrial crops, to prohibit self, Mr. HASTERT, Ms. PELOSI, Mr. gency rooms may be implemented only after the use of common human food or animal CONYERS, Mr. CHABOT, Mr. NADLER, notice is provided to Congress and a period of feed as the host plant for a genetically engi- Mr. WATT, Mr. LEWIS of Georgia, Mr. 180 days has elapsed; to the Committee on neered pharmaceutical or industrial chem- TOWNS, Mr. SCOTT of Georgia, Mrs. Veterans’ Affairs. ical, to establish a tracking system to regu- CHRISTENSEN, Mr. OWENS, Mr. CLY- By Mr. BRADLEY of New Hampshire: late the growing, handling, transportation, BURN, Ms. LEE, Mr. SCOTT of Virginia, H.R. 5261. A bill to remove the permanent and disposal of pharmaceutical and indus- Ms. LINDA T. SA´ NCHEZ of California, tariff and the temporary duty on ethanol; to trial crops and their byproducts to prevent Mr. JACKSON of Illinois, Mr. JEFFER- the Committee on Ways and Means. human, animal, and general environmental SON, Ms. NORTON, Ms. KILPATRICK of By Mr. CANTOR (for himself, Mr. SAM exposure to genetically engineered pharma- Michigan, Mr. FATTAH, Ms. JACKSON- JOHNSON of Texas, Mr. HERGER, Mrs. ceutical and industrial crops and their by- LEE of Texas, Ms. WATERS, Mr. BLACKBURN, Mr. BURGESS, Mr. PRICE products, and for other purposes; to the Com- HONDA, Mr. GONZALEZ, and Mrs. of Georgia, and Mr. CAMP of Michi- mittee on Agriculture. NAPOLITANO): gan): By Mr. KUCINICH (for himself, Mr. H.R. 9. A bill to amend the Voting Rights H.R. 5262. A bill to amend the Internal Rev- CONYERS, Ms. LEE, Mr. SANDERS, Ms. Act of 1965. enue Code of 1986 to provide tax incentives WATERS, Mr. OLVER, Mr. NADLER, and By Mrs. WILSON of New Mexico (for for the payment of premiums for high de- Mr. GEORGE MILLER of California): herself, Mr. BASS, Mr. SHAYS, Mr. ductible health plans, and for other purposes; H.R. 5268. A bill to amend the Federal HALL, Mr. DEAL of Georgia, Mr. BILI- to the Committee on Ways and Means. Food, Drug, and Cosmetic Act with respect RAKIS, Mr. SHIMKUS, Mr. PITTS, Mr. By Mrs. CHRISTENSEN (for herself, to the safety of genetically engineered foods, NORWOOD, Mr. BURGESS, Mrs. BONO, Mr. WATT, Ms. LEE, Mr. OWENS, Ms. and for other purposes; to the Committee on Mr. BUYER, Mr. ROGERS of Michigan, MILLENDER-MCDONALD, Mr. TOWNS, Energy and Commerce. Mr. CHOCOLA, Mr. BRADLEY of New Mr. CONYERS, Ms. NORTON, Ms. CAR- By Mr. KUCINICH (for himself, Mr. Hampshire, Mr. FERGUSON, Mrs. SON, Mr. CLEAVER, Mr. FATTAH, Mr. CONYERS, Ms. LEE, Mr. SANDERS, Ms. CUBIN, Mr. WALDEN of Oregon, Mrs. PAYNE, Ms. KILPATRICK of Michigan, WATERS, Mr. OLVER, Mrs. MALONEY, JOHNSON of Connecticut, Mr. SUL- Ms. CORRINE BROWN of Florida, Ms. Mr. NADLER, Mr. GEORGE MILLER of LIVAN, Mr. UPTON, Mr. BARTON of MOORE of Wisconsin, Mr. MEEKS of California, Mr. GUTIERREZ, Mr. Texas, and Mr. WAMP): New York, Mr. CLAY, Mr. WYNN, Mr. BROWN of Ohio, and Mr. SHAYS): H.R. 5253. A bill to prohibit price gouging AL GREEN of Texas, Ms. JACKSON-LEE H.R. 5269. A bill to amend the Federal in the sale of gasoline, diesel fuel, crude oil, of Texas, Mr. RUSH, Mr. JACKSON of Food, Drug, and Cosmetic Act, the Federal and home heating oil, and for other purposes; Illinois, Mr. THOMPSON of Mississippi, Meat Inspection Act, and the Poultry Prod- to the Committee on Energy and Commerce. Mr. SCOTT of Virginia, Mr. BISHOP of ucts Inspection Act to require that food that By Mr. BASS (for himself, Mr. BARTON Georgia, Mr. LEWIS of Georgia, Ms. contains a genetically engineered material, of Texas, Mr. KIRK, Mrs. BONO, Mr. EDDIE BERNICE JOHNSON of Texas, Mr. or that is produced with a genetically engi- SHIMKUS, Mr. DEAL of Georgia, Mr. HASTINGS of Florida, Mr. DAVIS of neered material, be labeled accordingly; to HALL, Mr. PITTS, Mr. NORWOOD, Mr. Alabama, Mr. RANGEL, Mrs. JONES of the Committee on Agriculture, and in addi- SULLIVAN, Mr. BURGESS, Mr. CHABOT, Ohio, Mr. BUTTERFIELD, Mr. JEFFER- tion to the Committee on Energy and Com- Mr. BUYER, Mr. CHOCOLA, Mr. PICK- SON, Mr. CLYBURN, Ms. WATSON, Mr. merce, for a period to be subsequently deter- ERING, Mrs. CUBIN, Mr. UPTON, Mr. CUMMINGS, Ms. WATERS, Mr. DAVIS of mined by the Speaker, in each case for con- JOHNSON of Illinois, Mr. GERLACH, Illinois, Mr. SCOTT of Georgia, Ms. sideration of such provisions as fall within and Mr. PORTER): MCKINNEY, Mr. MEEK of Florida, and the jurisdiction of the committee concerned. H.R. 5254. A bill to set schedules for the Mr. FORD): By Mr. KUCINICH (for himself, Mr. consideration of permits for refineries; to the H.R. 5263. A bill to amend part D of title CONYERS, Ms. LEE, Mr. SANDERS, Ms. Committee on Energy and Commerce, and in XVIII of the Social Security Act to extend WATERS, and Mr. OLVER): addition to the Committee on Armed Serv- the 2006 and 2007 initial enrollment periods H.R. 5270. A bill to ensure that efforts to ices, for a period to be subsequently deter- for the Medicare prescription drug benefit address world hunger through the use of ge- mined by the Speaker, in each case for con- and suspend the late enrollment penalty netically engineered animals and crops actu- sideration of such provisions as fall within through December 31, 2007, to permit Medi- ally help developing countries and peoples the jurisdiction of the committee concerned. care beneficiaries to change enrollment in a while protecting human health and the envi- By Mr. JONES of North Carolina: prescription drug plan during the first 12 ronment, and for other purposes; to the Com- H.R. 5255. A bill to prohibit a school from months of enrollment, and to prevent mittee on International Relations, and in ad- receiving Federal funds if the school pre- changes in formularies other than at the dition to the Committees on Ways and vents a student from displaying or wearing time of open enrollment periods and only Means, Financial Services, and Agriculture, in a respectful manner a representation of with advance notice; to the Committee on for a period to be subsequently determined the flag of the United States; to the Com- Energy and Commerce, and in addition to by the Speaker, in each case for consider- mittee on Education and the Workforce. the Committee on Ways and Means, for a pe- ation of such provisions as fall within the ju- By Mr. JONES of North Carolina: riod to be subsequently determined by the risdiction of the committee concerned. H.R. 5256. A bill to establish a statute of Speaker, in each case for consideration of By Mr. KUCINICH (for himself, Mr. repose for civil actions filed against rec- such provisions as fall within the jurisdic- CONYERS, Ms. LEE, Mr. SANDERS, Ms. reational vessel manufacturers; to the Com- tion of the committee concerned. WATERS, and Mr. OLVER): mittee on the Judiciary. By Mr. ENGEL: H.R. 5271. A bill to assign liability for in- By Mr. FILNER: H.R. 5264. A bill to provide American con- jury caused by genetically engineered orga- H.R. 5257. A bill to amend the Internal Rev- sumers information about the broadcast tel- nisms; to the Committee on the Judiciary, enue Code of 1986 to provide a basic income evision transition from an analog to a digital and in addition to the Committee on Energy

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and Commerce, for a period to be subse- LANGEVIN, Mr. FARR, Mr. DOYLE, Mr. of ‘‘25 by 25,’’ whereby agriculture will pro- quently determined by the Speaker, in each COSTELLO, Mr. MURPHY, Mr. BROWN of vide twenty-five percent of the total energy case for consideration of such provisions as Ohio, Mr. PETERSON of Minnesota, consumed in the United States by the year fall within the jurisdiction of the committee Mr. WEINER, Mr. SESSIONS, Mr. 2025, while continuing to produce abundant, concerned. PLATTS, Mr. GORDON, Ms. DEGETTE, safe, and affordable food and fiber; jointly to By Mrs. LOWEY: Mr. LARSEN of Washington, Mr. the Committees on Agriculture, Energy and H.R. 5272. A bill to amend the Federal Fire SAXTON, Mr. CARDOZA, Mr. ALEX- Commerce, and Resources. Prevention and Control Act of 1974 to au- ANDER, and Mr. CONAWAY): thorize the Administrator of the United H. Res. 788. A resolution supporting the f States Fire Administration to provide assist- goals and ideals of Peace Officers Memorial ADDITIONAL SPONSORS ance to firefighting task forces, and for other Day; to the Committee on Government Re- purposes; to the Committee on Science. form. Under clause 7 of rule XII, sponsors By Mr. MARKEY (for himself, Ms. By Ms. DELAURO (for herself, Mr. were added to public bills and resolu- ESHOO, Mr. BOUCHER, and Mr. INS- LEWIS of Georgia, Mr. BISHOP of Geor- tions as follows: LEE): gia, Mrs. MALONEY, Mr. MCDERMOTT, H.R. 278: Mrs. MUSGRAVE. H.R. 5273. A bill to promote open Mr. CONYERS, Mr. HONDA, Mr. H.R. 311: Mr. TERRY. broadband networks and innovation, foster SERRANO, Mr. COOPER, Mr. SANDERS, H.R. 378: Ms. MCKINNEY. electronic commerce, and safeguard con- and Mr. RANGEL): H.R. 550: Mr. VISCLOSKY. sumer access to online content and services; H. Res. 790. A resolution recognizing the H.R. 552: Mr. SODREL. to the Committee on Energy and Commerce. African American Spiritual as a national H.R. 559: Ms. MCKINNEY and Mr. FATTAH. By Mr. SWEENEY: treasure; to the Committee on Education H.R. 5274. A bill to amend the Internal Rev- H.R. 602: Mr. FATTAH and Mr. FOSSELLA. and the Workforce. H.R. 633: Mr. DICKS. enue Code of 1986 to provide a deduction for By Mr. GINGREY (for himself and Mr. the provision of boating safety equipment; to H.R. 819: Mr. GERLACH, Mr. BAKER, and Ms. BARTLETT of Maryland): BERKLEY. the Committee on Ways and Means. H. Res. 791. A resolution recognizing the ´ H.R. 831: Mr. OLVER. By Ms. VELAZQUEZ (for herself, Mr. establishment of Hunters for the Hungry H.R. 916: Mr. SHIMKUS and Ms. ROYBAL-AL- OWENS, Mr. MORAN of Virginia, Mr. programs across the United States and the LARD. HINOJOSA, Mr. PRICE of North Caro- contributions of those programs efforts to H.R. 986: Mr. FATTAH and Ms. MOORE of lina, Mr. SERRANO, Ms. DELAURO, Mr. decrease hunger and help feed those in need; Wisconsin. FARR, and Mr. OSBORNE): to the Committee on Agriculture. H.R. 5275. A bill to establish the Silver H.R. 998: Mr. PORTER and Mrs. WILSON of By Mr. MEEKS of New York (for him- New Mexico. Scholarship program to provide transferable self, Mr. MCNULTY, Mrs. H.R. 1106: Mrs. MALONEY. educational awards to older individuals who CHRISTENSEN, Mr. PAYNE, and Mr. H.R. 1188: Ms. HOOLEY. have performed certain volunteer services; OWENS): H.R. 1306: Mr. MELANCON, Mr. OBERSTAR, to the Committee on Education and the H. Res. 792. A resolution recognizing the and Mr. SALAZAR. Workforce. 40th anniversary of the independence of Guy- H.R. 1366: Mr. SANDERS. By Mr. WU: ana and extending best wishes to Guyana for H.R. 1372: Mr. GORDON. H.R. 5276. A bill to amend the Older Ameri- peace and further progress, development, and H.R. 1380: Mr. BONNER and Mr. LEACH. cans Act of 1965 to include a grant program prosperity; to the Committee on Inter- H.R. 1384: Mr. BOUCHER, Mr. BURTON of In- to support life-long learning programs; to national Relations. diana, Mr. ROGERS of Alabama, and Mr. the Committee on Education and the Work- By Mr. RYUN of Kansas (for himself, SIMPSON. force. Mrs. JO ANN DAVIS of Virginia, Mr. H.R. 1415: Mr. CONYERS. By Mr. WU: KING of New York, Mr. PENCE, Mr. H.R. 5277. A bill to amend the Older Ameri- H.R. 1416: Mr. CUMMINGS. FORD, and Mr. TANNER): H.R. 1425: Mr. HONDA, Mr. EVANS, and Ms. cans Act of 1965 to require the Assistant Sec- H. Res. 793. A resolution affirming that ZOE LOFGREN of California. retary, when making grants for multidisci- statements of national unity, including the H.R. 1431: Mr. WELDON of Pennsylvania and plinary centers of gerontology and geron- National Anthem, should be recited or sung Mr. DEFAZIO. tology centers of special emphasis, to give in English; to the Committee on the Judici- H.R. 1554: Mrs. EMERSON and Mrs. preference with respect to such centers that ary. are located at institutions of higher edu- MALONEY. cation in urban areas; to the Committee on f H.R. 1578: Mr. SCOTT of Georgia. Education and the Workforce. MEMORIALS H.R. 1588: Mr. SABO. By Mr. MEEKS of New York (for him- H.R. 1632: Mr. LATOURETTE. self, Mr. MCNULTY, Mr. MCGOVERN, Under clause 3 of rule XII, memorials H.R. 1872: Mr. MCCOTTER. Mr. LANTOS, Mr. MICHAUD, Mr. were presented and referred as follows: H.R. 1932: Mr. DAVIS of Kentucky. PAYNE, Mr. TANCREDO, Ms. CORRINE 302. The SPEAKER presented a memorial H.R. 1951: Mr. RAHALL. BROWN of Florida, Mr. CONYERS, Mr. of the Legislature of the State of Idaho, rel- H.R. 2048: Ms. LEE. CROWLEY, Mr. COBLE, Mr. DELAHUNT, ative to Senate Joint Memorial No. 118 urg- H.R. 2070: Mr. PAYNE. Mr. SMITH of New Jersey, Mr. ing the enforcement of the reduced max- H.R. 2071: Mrs. LOWEY and Ms. DELAURO. CUMMINGS, Mr. MILLER of North Caro- imum containment level for arsenic in H.R. 2076: Mr. SANDERS. lina, Mr. ADERHOLT, Ms. BERKLEY, drinking water be suspended until such time H.R. 2178: Ms. BALDWIN and Mr. EMANUEL. Mr. SERRANO, Mr. MCCOTTER, and Mr. as definitive scientific evidence with the H.R. 2230: Mr. BASS. RANGEL): United States validates that consumption of H.R. 2231: Mr. SCOTT of Georgia and Mrs. H. Con. Res. 397. Concurrent resolution water between 10 to 50 PPB of arsenic causes TAUSCHER. honoring 2006 Olympic team member Joey cancer mortality or produces some other H.R. 2317: Mr. HUNTER. Cheek and recognizing the need to work with health problems; to the Committee on En- H.R. 2553: Mr. WU. international partners to help bring an end ergy and Commerce. H.R. 2567: Mr. WU. to the ongoing genocide in Darfur region of 303. Also, a memorial of the Legislature of H.R. 2629: Mr. MOORE of Kansas. Sudan and the suffering of children in Chad; the State of Idaho, relative to Senate Joint H.R. 2716: Mr. GORDON and Mr. BISHOP of to the Committee on International Rela- Memorial No. 120 opposing any proposals Georgia. tions. which lead to a significant sale of federal H.R. 2793: Mr. EMANUEL, Ms. HART, and Mr. By Mr. HEFLEY (for himself, Mr. land located in the state of Idaho; to the SCHWARZ of Michigan. TANCREDO, Mr. SHAYS, Mr. RAMSTAD, Committee on Resources. H.R. 2870: Ms. CORRINE BROWN of Florida, Mr. VAN HOLLEN, Mr. NEAL of Massa- 304. Also, a memorial of the Legislature of Ms. LEE, and Mr. SERRANO. chusetts, Mrs. MCCARTHY, Mr. OTTER, the State of Idaho, relative to Senate Joint H.R. 2877: Mr. LYNCH. Mr. KENNEDY of Rhode Island, Ms. Memorial No. 113 supporting the confirma- H.R. 3183: Mr. POMEROY. NORTON, Mr. DINGELL, Mr. KING of tion of the appointment of Judge N. Randy H.R. 3186: Mr. OSBORNE and Mr. New York, Mr. DREIER, Mr. HOLT, Mr. Smith to serve on the Ninth Circuit U.S. FORTENBERRY. REICHERT, Mr. LEVIN, Mr. BEAUPREZ, Court of Appeals; to the Committee on the H.R. 3189: Mr. INGLIS of South Carolina. Mr. SALAZAR, Mr. UDALL of Colorado, Judiciary. H.R. 3385: Mr. WAXMAN and Mr. BOSWELL. Ms. BORDALLO, Mr. POE, Ms. GRANG- 305. Also, a memorial of the Legislature of H.R. 3427: Mr. GERLACH, Mr. MCHUGH, Mr. ER, Mr. SIMMONS, Mr. PORTER, Mr. the State of Idaho, relative to Senate Joint JEFFERSON, Mr. THOMPSON of California, Mr. EMANUEL, Mr. SKELTON, Mr. ROYCE, Memorial No. 119 requesting the Congress of ENGEL, Mr. HINOJOSA, Mrs. MALONEY, Mr. Mr. RUPPERSBERGER, Ms. ZOE the United States to adopt S. 520 and H.R. KING of New York, Mr. ACKERMAN, Mr. LOFGREN of California, Ms. JACKSON- 1070; to the Committee on the Judiciary. LYNCH, and Mr. HIGGINS. LEE of Texas, Mr. CALVERT, Ms. KIL- 306. Also, a memorial of the Legislature of H.R. 3466: Mr. KING of Iowa. PATRICK of Michigan, Mr. BERMAN, the State of Nebraska, relative to Legisla- H.R. 3476: Mrs. MALONEY, Mr. DENT, Mr. Mr. STUPAK, Mr. ETHERIDGE, Mr. tive Resolution No. 441 supporting the vision MURPHY, Mr. MANZULLO, Ms. ZOE LOFGREN of

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California, Mr. LANTOS, Mr. MICHAUD, and H.R. 4844: Mr. WESTMORELAND. H. Con. Res. 42: Mr. JEFFERSON. Mr. WELDON of Pennsylvania. H.R. 4871: Ms. MCKINNEY. H. Con. Res. 235: Mrs. DAVIS of California. H.R. 3584: Mr. KUCINICH, Mr. NADLER, Mr. H.R. 4894: Mr. FOSSELLA, Mr. KELLER, and H. Con. Res. 347: Mr. DAVIS of Illinois, Mr. GRIJALVA, Mr. DOGGETT, and Mr. FRANK of Mrs. BIGGERT. MCCOTTER, Mr. WEXLER, Mr. KUCINICH, Mr. Massachusetts. H.R. 4897: Mr. CARNAHAN. BASS, Mr. FILNER, Mr. ENGLISH of Pennsyl- H.R. 3683: Mr. KUHL of New York. H.R. 4902: Mr. NORWOOD. vania, Mr. MCGOVERN, Mr. BAKER, Mr. H.R. 3690: Mr. OLVER. H.R. 4903: Mr. HOYER and Mr. WAXMAN. BISHOP of Georgia, Mr. ABERCROMBIE, Mr. H.R. 3762: Ms. SCHAKOWSKY. H.R. 4953: Mr. EVANS. FORD, Mr. GARRETT of New Jersey, Mr. GIB- H.R. 3852: Mr. FATTAH, Mr. PAYNE, and Mr. H.R. 4960: Mr. SOUDER. BONS, Mr. FRANK of Massachusetts, Mr. MAR- MORAN of Virginia. H.R. 4976: Mr. PAUL and Mr. DELAHUNT. KEY, Mr. WICKER, Mr. SMITH of Washington, H.R. 3858: Mr. BONNER, Mr. SKELTON, Mr. H.R. 5005: Mr. BARRETT of South Carolina, Mr. COLE of Oklahoma, Mr. MILLER of Flor- DELAHUNT, Mr. KUCINICH, and Ms. ROYBAL- Mr. RAHALL, and Mr. BONNER. ida, Mr. SHUSTER, Mr. GORDON, Mrs. JOHNSON ALLARD. H.R. 5013: Mr. CHABOT, Mr. BONNER, and of Connecticut, Mr. CASE, Mr. CONYERS, Mr. H.R. 3883: Mr. CUELLAR and Mr. GUT- Mr. BURTON of Indiana. PETERSON of Minnesota, and Ms. MCCOLLUM KNECHT. H.R. 5022: Mr. VAN HOLLEN and Mr. of Minnesota. H.R. 3915: Mr. ROGERS of Kentucky. KUCINICH. H. Con. Res. 348: Mr. LEACH. H.R. 3964: Mr. HINCHEY, Mr. WU, Mr. LEWIS H.R. 5035: Mr. GRIJALVA, Mr. KUCINICH, Mr. H. Con. Res. 380: Mr. GONZALEZ and Mr. of Georgia, and Mr. ISRAEL. MCDERMOTT, and Mr. OWENS. MCCOTTER. H.R. 4025: Mr. CUMMINGS, Mrs. EMERSON, H.R. 5037: Mr. KIRK, Mr. TERRY, Mr. EMAN- H. Con. Res. 392: Mr. INGLIS of South Caro- Mr. AL GREEN of Texas, and Mr. ENGLISH of UEL, Mr. GUTKNECHT, Mr. GARRETT of New lina, Mr. GORDON, Mrs. MILLER of Michigan, Pennsylvania. Jersey, Mr. VAN HOLLEN, Ms. LORETTA Mr. LANTOS and Ms. BERKLEY. SANCHEZ of California, Mr. BUTTERFIELD, Mr. H.R. 4059: Mr. MOORE of Kansas. H. Con. Res. 393: Mr. MCDERMOTT, Mrs. APUANO SKELTON, and Ms. KILPATRICK of Michigan. H.R. 4166: Mr. C . JONES of Ohio, and Mr. SCOTT of Georgia. H.R. 4184: Ms. BALDWIN. H.R. 5065: Ms. MCKINNEY. H. Con. Res. 395: Ms. ZOE LOFGREN of Cali- H.R. 4188: Mrs. MALONEY, Mr. ISRAEL, Ms. H.R. 5099: Mr. EVANS and Mr. WICKER. fornia and Mr. EVANS. WASSERMAN SCHULTZ, Mr. CARNAHAN, and H.R. 5120: Mr. BOUCHER, Mr. ROTHMAN, and H. Con. Res. 396: Mr. INGLIS of South Caro- Ms. ZOE LOFGREN of California. Mr. SESSIONS. lina and Mr. MCGOVERN. H.R. 4201: Mr. CONYERS and Mr. DELAHUNT. H.R. 5129: Mr. KOLBE, Mr. SOUDER, and Mr. H. Res. 212: Mr. BACA, Ms. CORRINE BROWN H.R. 4222: Mr. KUCINICH. WOLF. of Florida, and Mr. CONYERS. H.R. 4232: Mr. FATTAH. H.R. 5134: Mr. GARY G. MILLER of Cali- H. Res. 245: Mr. BROWN of Ohio. H.R. 4236: Mr. MELANCON, Mr. PENCE, Ms. fornia, Mr. YOUNG of Alaska, and Mr. ROGERS H. Res. 327: Mr. KUCINICH and Mr. DICKS. HERSETH, and Mr. POMBO. of Michigan. H. Res. 675: Mr. KENNEDY of Rhode Island H.R. 4259: Mr. PAUL. H.R. 5135: Mr. KANJORSKI. and Mr. FATTAH. H.R. 4293: Ms. DELAURO. H.R. 5143: Mr. ISSA, Mr. BARRETT of South C OTTER H.R. 4318: Mr. ROGERS of Alabama, Mr. Carolina, Mr. MCHENRY, Mr. CALVERT, and H. Res. 697: Mr. M C and Mr. EXLER ROHRABACHER, Mr. CRAMER, Mr. COOPER, Mr. Mr. WELDON of Pennsylvania. W . CUELLAR, and Mr. KANJORSKI. H.R. 5150: Mr. VAN HOLLEN, Mr. EMANUEL, H. Res. 699: Mr. MILLER of North Carolina H.R. 4341: Mr. LEACH, Mr. SOUDER, Mr. and M. RAHALL. and Ms. DELAURO. POMEROY, and Mr. SWEENEY. H.R. 5158: Mr. MCGOVERN. H. Res. 720: Mr. MANZULLO and Mr. SOUDER. H.R. 4347: Mr. HONDA and Mr. EMANUEL. H.R. 5159: Mr. PRICE of North Carolina, Mr. H. Res. 723: Mrs. DAVIS of California, Mr. H.R. 4384: Mrs. KELLY, Mr. INSLEE, Mr. FRANK of Massachusetts, Mr. DOYLE, Mr. EVANS, Mr. CARDIN, Mr. FRANK of Massachu- CUMMINGS, and Mr. LEWIS of Georgia. COLE of Oklahoma, Ms. DEGETTE, Mr. setts, Mr. OLVER, Mr. CUMMINGS, Mr. LIPIN- H.R. 4409: Mr. PRICE of North Carolina, Mr. MCCOTTER, Mr. ALEXANDER, Mr. MILLER of SKI, Ms. ESHOO, Mr. CAPUANO, Mr. SCHIFF, TOWNS, Mr. EVERETT, Mr. MCCAUL of Texas, North Carolina, Mr. SMITH of New Jersey, Mr. HINCHEY, Mr. MEEKS of New York, Mr. and Mrs. LOWEY. Mr. POMBO, and Mr. PITTS. WU, Mr. PENCE, Mrs. NAPOLITANO, and Mr. H.R. 4421: Mr. LEWIS of Kentucky and Mr. H.R. 5166: Mr. POMBO, Mr. JEFFERSON, Mr. WOLF. NEUGEBAUER. TIBERI, Mr. JONES of North Carolina, Mr. H. Res. 727: Mr. GONZALEZ and Ms. BERK- H.R. 4479: Ms. HOOLEY and Ms. KILPATRICK REHBERG, Mr. ROGERS of Michigan, Mr. LEY. of Michigan. GALLEGLY, Mr. CRAMER, Mr. SHADEGG, Mr. H. Res. 729: Mr. SHERMAN. H.R. 4597: Mr. THOMPSON of California. CALVERT, Mrs. DRAKE, Mr. PLATTS, Mr. H. Res. 745: Mr. WEXLER, Mr. JEFFERSON, H.R. 4608: Mr. BARTLETT of Maryland. LATOURETTE, Mr. GEORGE MILLER of Cali- Mr. MCGOVERN, Mr. MCHUGH, and Ms. HAR- H.R. 4683: Mr. MCDERMOTT. fornia, Mr. DELAHUNT, MR. LARSON of Con- MAN. H.R. 4695: Mr. KUCINICH, Mr. VISCLOSKY, necticut, and Mr. MARCHANT. H. Res. 758: Mr. PASCRELL. Mrs. KELLY, and Mr. MCCOTTER. H.R. 5170: Mr. PITTS, Mr. HALL, Mr. H. Res. 759: Mrs. NAPOLITANO, Mr. CASE, H.R. 4703: Mr. SIMMONS, Mr. OWENS, Mr. FOSSELLA, Mr. BURGESS, Mr. FLAKE, Mr. Mr. PAYNE, and Mrs. MALONEY. SESSIONS, Ms. BEAN, Mrs. BONO, and Mr. BUR- KOLBE, Ms. GINNY BROWN-WAITE of Florida, H. Res. 760: Ms. BORDALLO, Mr. BROWN of GESS. Mr. SHAYS, and Mr. MILLER of Florida. South Carolina, Mr. CALVERT, Mr. CAMPBELL H.R. 4708: Mr. EVANS. H.R. 5177: Mr. JONES of North Carolina. of California, Mrs. CAPPS, Mr. CASE, Mr. CAS- H.R. 4727: Mr. SMITH of Washington. H.R. 5201: Mr. CARNAHAN, Mr. MEEHAN, Mr. TLE, Ms. DELAURO, Mrs. DRAKE, Mr. FARR, H.R. 4730: Mr. LOBIONDO, Mr. COLE of Okla- EMANUEL, Mr. SMITH of New Jersey, and Ms. Mr. FOLEY, Mr. FOSSELLA, Mr. GRIJALVA, Mr. homa, Mr. GONZALEZ, Mr. MCCOTTER, and Mr. VELAZQUEZ. HASTINGS of Florida, Ms. HARRIS, Mr. ISRAEL, ALEXANDER. H.R. 5204: Mr. DOYLE, Mr. BROWN of Ohio, Mr. JONES of North Carolina, Mr. KING of H.R. 4736: Mr. CARNAHAN, Ms. KAPTUR, Mr. Mr. THOMPSON of Mississippi, and Mr. STU- New York, Mr. KIRK, Mr. LOBIONDO, Mr. JEFFERSON, Ms. BERKLEY, Mrs. MALONEY, Ms. PAK. LYNCH, Mr. MCINTYRE, Mr. MACK, Mr. ORTIZ, BALDWIN, Mrs. CAPPS, Mr. PALLONE, Ms. CAR- H.R. 5206: Mr. CALVERT, Mr. FOLEY, Mr. Mr. PAUL, Mr. ROHRABACHER, Mr. ROTHMAN, SON, Mr. CROWLEY, Mr. EVANS, Mr. JONES of North Carolina, Ms. GINNY BROWN- Mr. SAXTON, and Mr. WALSH. CUMMINGS, Ms. MCKINNEY, and Mr. TIERNEY. WAITE of Florida, Mr. REHBERG, Mr. ENGEL, H. Res. 773: Mr. KIRK, Mr. HINOJOSA, Ms. H.R. 4740: Mr. MANZULLO. Ms. KILPATRICK of Michigan, Mr. GERLACH, LINDA T. SA´ NCHEZ of California, Mr. FOLEY, H.R. 4755: Mr. WAXMAN, Mr. MCKEON, Ms. and Mr. WELDON of Florida. Mr. INSLEE, Ms. BERKLEY, Mr. BLUMENAUER, HARRIS, and Mrs. NAPOLITANO. H.R. 5209: Mr. JEFFERSON. Mr. CARDIN, Mr. FRANK of Massachusetts, H.R. 4760: Mr. CARNAHAN and Ms. H.R. 5225: Mrs. CAPPS, Mr. PALLONE, and Mr. GONZALEZ, Mrs. MCCARTHY, Mr. GEORGE BORDALLO. Mr. KILDEE. MILLER of California, Mr. NADLER, Mr. SHER- H.R. 4761: Mr. CANNON. H.R. 5230: Mrs. KELLY and Ms. FOXX. MAN, Mr. WAXMAN, Mr. WEXLER, Mr. HOLDEN, H.R. 4773: Mr. FATTAH. H.R. 5252: Mr. BASS, Mr. FOSSELLA, Mrs. Mr. BURTON of Indiana, and Mr. HONDA. H.R. 4775: Mr. JINDAL. BONO, Mr. HALL, Mr. WYNN, Mr. MEEKS of H. Res. 784: Mr. LANTOS, Mrs. DAVIS of Cali- H.R. 4828: Mr. PRICE of North Carolina. New York, Mr. THOMPSON of Mississippi, and fornia, Mr. BROWN of Ohio, Mr. CROWLEY, and H.R. 4836: Mr. HOSTETTLER. Mr. BUTTERFIELD. Ms. DELAURO.

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Vol. 152 WASHINGTON, TUESDAY, MAY 2, 2006 No. 50 Senate The Senate met at 9:45 a.m. and was RECOGNITION OF THE MAJORITY mittee that exceeds the administra- called to order by the President pro LEADER tion’s request. I applaud the Presi- tempore (Mr. STEVENS). The PRESIDENT pro tempore. The dent’s determination to stick to true majority leader is recognized. emergency spending, and I will support PRAYER such a veto, if necessary, to keep that f The Chaplain, Dr. Barry C. Black, of- Federal spending under control. Fami- fered the following prayer: SCHEDULE lies have to live within their means and so should we in Washington. I Let us pray. Mr. FRIST. Mr. President, in a cou- think we need to tighten the belt and Sovereign Guide of humanity, we ple minutes, we will begin 1 hour of de- follow a course of strict fiscal dis- come to You as Your pilgrims in need bate prior to the scheduled cloture vote cipline. of direction. We come as Your soldiers on the emergency supplemental appro- The President has taken a strong in need of strength for life’s battles. We priations bill. That vote should occur stance on a must-pass piece of legisla- come as Your disciples in need of around 11 a.m. this morning. I expect tion that will bolster our national se- knowledge in our perplexity. We come cloture will be invoked today, and that curity, hurricane recovery, and border as Your ambassadors in need of grace will allow us a road to finish this bill security efforts. I expect my colleagues to represent You with honor. on Wednesday. If cloture is invoked, to work in good faith to meet the Today, as Senators serve as Your pil- Senators should anticipate further President’s request. grims, soldiers, disciples, and ambas- votes over the course of the day. The The President submitted his emer- sadors, infuse them with wisdom. Pro- chairman and ranking member will be gency spending request in late Feb- vide them with insights for every chal- scheduling the votes on the pending ruary. The House acted on the supple- lenge and help for every need. amendments that qualify under the mental in March. The legislation needs We pray in Your loving Name. Amen. germaneness rules. We will also recess to be on the President’s desk before today for our weekly policy meetings. f Memorial Day. It is time for us in the ORDER FOR RECESS Senate to bring debate on this measure PLEDGE OF ALLEGIANCE I now ask unanimous consent that to a close. We need to support our The PRESIDENT pro tempore led the the Senate recess from 12:15 p.m. to 2:30 troops who are fighting to protect us. Pledge of Allegiance, as follows: p.m. today for those meetings and that We need to support our fellow citizens the time be counted against cloture who are working hard to rebuild and I pledge allegiance to the Flag of the under rule XXII if cloture is invoked. United States of America, and to the Repub- recover their homes and communities lic for which it stands, one nation under God, The PRESIDENT pro tempore. With- on the gulf coast. We need to focus re- indivisible, with liberty and justice for all. out objection, it is so ordered. sources on securing our borders against Mr. FRIST. Mr. President, Senators illegal immigration. f should expect a busy couple of days as That is what this vote is all about. we vote on the remaining appropria- These are extraordinary responsibil- RESERVATION OF LEADER TIME tions amendments today and tomor- ities, and we cannot, we should not The PRESIDENT pro tempore. Under row. play politics at such critical times. the previous order, the leadership time Finally, I also remind my colleagues Time is limited. We must finish this is reserved. that Senators have until 10:30 this legislation this week so we can quickly morning to file their second-degree get a conference report with the House f amendments to the pending appropria- and get it to the President for his sig- tions bill. nature. MORNING BUSINESS f Indeed, by pulling together, we can The PRESIDENT pro tempore. Under move this legislation forward and ad- the previous order, there will be a pe- EMERGENCY SUPPLEMENTAL dress the critical work of the American riod for the transaction of morning APPROPRIATIONS people. business for up to 1 hour, with the first Mr. FRIST. Mr. President, today the f half of the time under the control of Senate will vote on cloture for the the Democratic leader or his designee, emergency spending supplemental ap- RECOGNITION OF THE MINORITY and the second half of the time under propriations bill. The President has LEADER the control of the majority leader or made it clear that he will veto any sup- The PRESIDENT pro tempore. The his designee. plemental bill coming out of the com- Democratic leader is recognized.

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

S3851

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VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.000 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3852 CONGRESSIONAL RECORD — SENATE May 2, 2006 IMMIGRATION I tried to get an agreement on con- chievous. I am willing to start with Mr. REID. Mr. President, yesterday ference and couldn’t do that. that number, 10 amendments per side. marked another day of peaceful, dig- Why is conference important? As we I think this is the right way to do it, nified rallies all over the country in learned even in high school, when the but this bill has not had the blessing of support of comprehensive immigration Senate passes a bill and the House the majority in moving forward. This reform. In fact, in Los Angeles, at the passes a bill on the same subject, the bill is going to take some time to fin- direction and suggestion of Cardinal two bodies must meet and work out ish. It is not going to be finished in a Mahoney, many people stayed at work their differences. In the past, those couple days. I hope we can finish it in and at school. At his request, people have been public meetings where the a couple weeks, but there is no guar- met later in the day. Hundreds of thou- two sides got together and worked out antee of that. But we are willing to sands of people met at 5:30 p.m. in the their differences. In recent years, with work through this. day to talk about why it is important this Republican-dominated Congress As important as the number of that we have peaceful, very powerful and the President in the White House, amendments is what happens in con- demonstrations. The reason: They un- conference committees have not been ference, no question about that. With derscore the need for Congress to pass held. The Republican members of a par- the Republicans in the House having a strong, comprehensive immigration ticular committee meet in private with passed a bill making all undocumented reform bill. the leadership and come back with immigrants felons—felons—with the Last Friday, I had the privilege of whatever they want, ignoring the mi- House majority leader publicly dis- discussing this subject with Cardinal nority. So that is why it is important missing the Senate’s bill, and with the Mahoney, the archbishop of Los Ange- we have some agreement on con- House Judiciary Committee chairman les, and Cardinal McCarrick, the arch- ference. serving as sponsor of the felon provi- bishop of Washington. For me, it was a Over the Easter recess, I sent a letter sion in the House legislation—listen to very moving meeting. I appreciated the to the distinguished majority leader, what Chairman SENSENBRENNER said on chance to visit with these two kind, my counterpart, urging him to bring the House floor. Basically, he said the thoughtful, and spiritual men. Both of the immigration bill back before the White House originally proposed the them have been tremendous leaders on full Senate at the earliest possible idea to criminalize the undocumented the issue of immigration. We all agreed time. I expressed my view that the status of these people. This is from that it is of utmost importance for Senate should resume the immigration Chairman SENSENBRENNER: Congress to move forward with the im- debate immediately after we completed At the administration’s request, the base migration reform bill this year as soon work on the emergency supplemental bill makes unlawful presence a crime, such as unlawful entry already is. This change as possible. appropriations bill. That bill is going makes sense. Aliens who have disregarded Last week, I also had the opportunity to be completed this week, as we heard our laws by overstaying their visas to re- to meet with a number of other Sen- from the majority leader. main in the United States illegally should be ators at the White House with Presi- I continue to believe that such a just as culpable as aliens who have broken dent Bush. As I said after that meet- schedule makes a lot of sense. Few our laws to enter and remain here illegally. ing, I am not in the habit of patting other issues are as important and no Again, at the administration’s re- the President on the back, but he de- other is as ripe for Senate debate as quest, says Chairman SENSENBRENNER. served credit—and I said so publicly— this issue. Surely, we can pass com- A few days ago, on April 16, a White for calling us together and for hosting prehensive immigration legislation be- House source confirmed this statement a good bipartisan meeting. My hope is fore the Memorial Day recess. But to in the L.A. Times as being accurate. that this will continue. accomplish that goal, the majority Does everyone understand why I am I made clear to the President that leader and I need to reach an agree- a little concerned, a little suspicious? Senators on this side of the aisle are ment on the process for completing de- We have the House passing a bill de- committed to comprehensive immigra- bate. claring these immigrants as felons, and tion reform. I pledged to work with the There are two basic elements to such we are told by the chairman of the President and the majority leader, as I an agreement: the number of amend- House committee that the idea came have in the past, in a bipartisan way on ments and an understanding about how from the White House, and we have the this very important issue. the bill will be handled in conference majority leader in the House saying he Every day we fail to fix the immigra- with the House. doesn’t like our bill. So we must have tion system, it gets worse. I have said Opponents of reform and fairness some agreement, and we need it soon. many times our current immigration have filed hundreds of amendments—it Time is a-wastin’, for lack of a better system is broken, and it is. We sup- is estimated about 500 amendments—to description. It is imperative we have a posedly fixed it 20 years ago, and in the weaken or kill this comprehensive im- firm agreement on whom the conferees process we have 11 million or 12 million migration legislation. We Democrats will be, whom the participants will be, illegal immigrants. We didn’t do a good are prepared to debate and vote on before we move the bill forward. As I job of fixing it. We must do better. We some of these amendments, but there have said in the past, membership must have a cohesive, coordinated ef- must be a finite number of amend- would consist of Democrats and Repub- fort to strengthen border security, cre- ments. Before we start the debate, we licans on the Senate Judiciary Com- ate legal mechanisms for American must know how many amendments mittee—10 Republicans, 8 Democrats— companies to hire essential temporary there are. and the Republicans would have a 2- employees, and encourage the 11 mil- I have made clear to the majority vote majority. However, if the distin- lion or 12 million undocumented immi- leader that I am flexible on that num- guished majority leader has an alter- grants in our country to come out of ber. As I said previously, prior to native proposal that will protect the the shadows and be part of America. Easter, I suggested three amendments completion of a fair conference, I will We need to know who these people are per side. As I indicated earlier, I was listen, as will Senator LEAHY, the and make sure they are productive, told there were at least 2 dozen. We ranking member of the Judiciary Com- law-abiding, taxpaying members of the were unable to reach agreement before mittee. community. We must also have proper the recess. We cannot allow the House to hijack employer sanction enforcement so that So today I suggest we vote on 10 this bill and destroy the Senate Judici- employers do not hire undocumented amendments per side. That is 20. We ary Committee’s bipartisan work. aliens with impunity. That is so impor- can have second-degree amendments Under these unusual circumstances, tant. and, as we have done in recent history, conference protections are indispen- But the question remains: How will we can have side by sides. That imme- sable. There are many kinds of possible we move forward in the Senate? Prior diately balloons up to 40, and possibly, conference protections. I have indi- to the Easter recess, I tried, we tried to with side by sides for each of those, 80. cated the most straightforward way is get agreement on the number of I don’t think there is any chance that to appoint the members of the Judici- amendments. We couldn’t. The best we would happen, but it is certainly pos- ary Committee as conferees. The con- could get is there were at least 2 dozen. sible if someone wanted to be mis- cept of sending a full committee to

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.002 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3853 conference is hardly unprecedented. In appropriating billions of dollars for Operation Enduring Freedom, we are fact, it happens all the time. The Pre- Iraq without debating and demanding a spending a little more than $2 million— siding Officer here for years was chair- strategy to complete our military mis- $2 million—annually—not weekly, an- man of the Appropriations Committee, sion there, not when the lives of our nually—in Somalia, a known haven for and I met with him when he was chair- soldiers and the safety of our country terrorists and criminals and a true man and I ranking member on many are at risk. threat to our national security. This occasions when we had the full Appro- Our military has performed hero- supplemental appropriation, if passed, priations Committee there. It has hap- ically in Iraq, but the continued and will increase the cost of this war to pened with Armed Services. They typi- indefinite presence of large U.S. forces $320 billion, and rising. cally send their entire membership to there significantly weakens our ability This is simply unsustainable, and be- conference. The Judiciary Committee to fight the global terrorism networks cause the President has failed to pro- has done the same on prior occasions. that threaten us today. vide us with any semblance of a vision One way or another, it is crucial that That is why I filed an amendment re- for when our troops will be redeployed, this bill be the product of bipartisan quiring the Pentagon to draw up a we can expect more of the same in consensus. This is how people feel flexible time line for redeployment of years to come; that is, unless the Con- around the country, not only Members U.S. forces from Iraq by the end of this gress finally requires the administra- of this Senate. Not many feet from year. The President has repeatedly tion to develop an Iraq strategy that here, on Friday, I was at a press con- failed to spell out for the American includes a flexible time line for rede- ference in which Cardinal McCarrick people when we can expect our troops ploying our troops by the end of 2006. and Cardinal Mahony participated. to redeploy from Iraq. He has refused My amendment recognizes the need to Cardinal Mahony said to everyone to provide a vision for ending our mili- maintain a minimal level of U.S. forces within the sound of his voice: There tary mission in Iraq, and as a result a in Iraq beyond 2006. Those forces will must be protections in conference. growing majority of Americans have be needed for engaging directly and I hope we can work together toward lost confidence in our purpose, our di- targeting counterterrorism activities, adequate assurances that the Senate’s rection, and our presence in Iraq. training Iraq in security forces, and delicate compromise, bipartisan com- Last August, I proposed a target date protecting essential U.S. infrastructure promise, will not be filibustered by for withdrawal when I suggested U.S. and personnel. troops leave Iraq by the end of 2006. amendment or decided or blown apart It is time for Members of Congress to This amendment in part reflects the in the dark of night without a real con- stand up to an administration that fact that the administration has made gressional conference. continues to lead us astray on what has no progress—no progress whatsoever— Immigration reform is vital to Amer- become an extremely costly and mis- in developing a clear vision for ending ica’s national security. We have an ob- taken war. We need to hold this admin- our military mission, redeploying U.S. ligation to act. I look forward to the istration accountable for its neglect of troops from Iraq, and refocusing on the Senate resuming this important debate urgent national security priorities in real national security threats that face as soon as possible and I would hope favor of staying a flawed policy course our country. the minute we finish this supplemental in Iraq. We need to tell the administra- My amendment spells out what an in- appropriations bill. I look forward to tion that it can’t continue to send our creasing number of military intel- the distinguished majority leader and I men and women in uniform into harm’s ligence and diplomatic officials have making a proposal to the body so that way without a clear and convincing been saying for a very long time: that we can move forward on this issue. strategy for success. Mr. President, I yield the floor. a massive and seemingly indefinite Some have suggested that we should f U.S. presence in Iraq is destabilizing and potentially damaging to Iraqi ef- tie our military presence in Iraq to IRAQ REDEPLOYMENT forts to rebuild their government and whether Iraqis are able to form a unity Mr. FEINGOLD. Mr. President, our their country. Our presence in some government. While I share their frus- country desperately needs a new vision ways is generating instability in Iraq, tration with the status quo, I think the for strengthening our national secu- and the less we make it clear that our decisions about troop presence should rity, and I believe it starts by rede- intent is to leave and to leave now, our be based on what is best for our coun- ploying our U.S. forces from Iraq and presence can become more harmful try’s national security. Making deci- refocusing our attention on the global than it is helpful. sions about our troop levels contingent terrorist threats that face us. I filed an More important, though, is the fact on a political solution in Iraq doesn’t amendment that requires the redeploy- that our current Iraq policy is making make sense. Our troops should not be ment of U.S. forces from Iraq by De- the United States weaker, not strong- held hostage to the failure to bring cember 31, 2006. Unfortunately, the er. We need to redeploy U.S. forces about a political solution in Iraq. Senate will not be given the oppor- from Iraq because, as a result of our So here is the bottom line: We need tunity to vote on this amendment if we current costly and burdensome pres- to refocus on fighting and defeating the invoke cloture on the emergency sup- ence in Iraq, we are unable to direct terrorist network that attacked this plemental bill we will be considering our resources worldwide to defeat the country on September 11, 2001, and that shortly. wide and growing network of terrorist means placing our Iraq policy in the I am afraid this body has failed time organizations that seek to harm Amer- context of a global effort rather than and time again to debate the direction icans and America. This administra- letting it dominate our security strat- of our country’s policy in Iraq. Three tion has compounded its misguided de- egy and drain vital security resources years ago, the President landed on an cision to wage war in Iraq by refusing for an unlimited amount of time. The aircraft carrier and, as we all remem- to recognize the consequences of its ac- President’s Iraq-centric policies are ber, declared ‘‘Mission Accomplished’’ tions, the tremendous cost to our brave preventing us from effectively engag- in Iraq. Today, with thousands of lives troops and their loved ones, the drain ing serious threats around the world, lost and billions of dollars spent, we on our financial resources, and the bur- including Iran, global terrorist net- are still no closer to a policy that lifts den on our Nation’s national security works, and other emerging threats. We the burden from our troops and tax- sources and infrastructure, which are must change course in Iraq, and we payers and actually makes our country unable to focus on new and emerging must change course now. safer from the terrorist networks that threats to our country. It is in this spirit that I filed this seek to hurt us. I don’t have to point very far to show amendment to this supplemental By failing to discuss alternatives to how imbalanced and burdensome are spending bill. If I am not allowed a the administration’s failed Iraq policy, our policies in Iraq. While we have vote on my amendment to the supple- we have let down this institution and spent, according to the Congressional mental, I can assure my colleagues our constituents. We simply cannot Research Service, upwards of $6 billion that I will be looking for the next op- continue to avoid asking the tough per week during Operation Iraqi Free- portunity to bring this amendment to questions about Iraq. We should not be dom and $1.3 billion per week during the floor for debate and a vote.

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.003 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3854 CONGRESSIONAL RECORD — SENATE May 2, 2006 My colleagues are, of course, entitled million given to this man as a parting and businesses, and sadly means more to disagree with my approach. I wel- gift for realizing all these profits. What air pollution, more greenhouse gases, come their suggestions and their ad- does that come out to? Well, every more global warming, more natural vice. But what I really want is for the household in America donated $3 so disasters, more hurricanes and storms. Senate to live up to its responsibility that Mr. Raymond would have a nice All of it is tied up in one sad package. and engage in a serious debate about little going-away gift—$400 million. But the administration opposed our ef- the topic that is on the mind of every And Lee Raymond didn’t even have to forts on the Democratic side to spell American: how to put our Iraq policy buy a Powerball ticket; all he had to do out a clear energy goal. right and our national security policy was to be there in the corridors of This morning the Republican leader right. power when the money came rolling in. of the Senate, Senator FRIST of Ten- Mr. President, I yield the floor. So who is to blame? Well, part of the nessee, appeared on a string of tele- Mr. DURBIN. Mr. President, how blame is right here, right here in Wash- vision shows to express his concern much time is remaining on the minor- ington where we have failed to develop about gasoline prices. I saw one on ity side? an energy policy. Do you know that we CNN. I read a transcript of his com- The PRESIDENT pro tempore. Twen- signed—the President signed, I should ments on NBC. He is touting, among ty-two minutes. say, and we passed—an energy bill last other things, a $100 rebate; that we f August, 8 months ago, that spelled out would send a $100 check back to the the energy policy for America, a policy people of America for the gas prices FAILED ENERGY POLICY to lead us forward into the future. No they are currently paying—$100. One of Mr. DURBIN. Mr. President, this sooner had the ink dried on that bill the newspapers yesterday said that is morning across America, people got up than the cost of heating our homes chump change instead of real change. to go to work. Some of them had a very across America went up 20 percent, our What does $100 buy you, two tanks of unsettling moment because they had to imports from overseas started reaching gas if you are lucky? Is that the best fill up their gas tanks. So people head- record levels, and the price of the gaso- we can do in Washington, DC? And then ing off to work pulled into a gas sta- line we had to buy has broken all say, Adios, voters, see you in Novem- tion across America—in Chicago, in records. What an energy policy. What a ber, we have taken care of the prob- Springfield, and all across our Nation— failure. What a failure of leadership. lem? We certainly have not. and saw again a reminder of the failure Honestly, when you take a look at this What the majority leader said on the of our energy policy. They watched as failure of leadership, you can under- show was what he was rebating to the those numbers rolled in front of them stand why people across America are consumers across America were the and saw a new, almost recordbreaking calling for a change in direction. They Federal taxes they paid on gasoline. total, just for the gasoline for their are sick and tired of the policies that Let me tell you, the cost of gasoline trucks and their cars going to work. have brought us to this point, failed has gone up dramatically. Some of it is Businesses face the same thing, busi- energy policies which do not protect associated with Federal taxes, but nesses that are trying to keep their the consumer, that do not punish the most of it is associated with profit tak- heads above water and that may be profiteer, and sadly they do not pro- ing by the biggest oil companies in forced to lay off people. The farmers I mote the kinds of things we need for America, an issue and subject which represent across the State of Illinois, our energy future. most Republicans will not even touch. farmers who are out trying to plow for On the floor of the Senate during the Then, of course, the majority leader, their corn crop this year, are paying debate of this energy bill, Senator Senator FRIST, returned to that good more for their diesel fuel, paying more MARIA CANTWELL, of Washington, stood old saw of drilling for oil in the Arctic for the fertilizer they are going to ulti- up and made a proposal. Here is what National Wildlife Refuge. According to mately need. she said: We need to reduce our depend- Senator FRIST, that is the answer to All of these are part of the cumu- ence on foreign oil. Let’s set a national America’s prayers. If we could go up to lative impact of the increase in energy goal of reducing our dependence on for- this wilderness and wildlife refuge—set prices across America. The pain is eign oil by 40 percent over the next 20 aside 50 years ago to be protected for being felt in every family of modest years. future generations—if we could get the means in America. Money they have It is ambitious, it is tough, it would trucks and the equipment and the pipe- spent they know is going directly from require real leadership and cooperation lines and the roads, then America their pockets and their credit cards to on a bipartisan basis. She said this could breathe easy. Then we could find the biggest oil companies in America, should be our national goal—Demo- ourselves relieved from this terrible the biggest oil companies in America, cratic Senator MARIA CANTWELL. burden of oil and gas prices. which have recorded record profits— It was virtually rejected out of hand. But, sadly, the facts don’t back him record profits. The Republican side would have noth- up. The United States of America has I took a look at the five major com- ing do with it, not even setting a goal under its control in Alaska, offshore in panies and how well they did. In the of energy independence. Do you know the continental United States, 3 per- year 2005, they had $111 billion in prof- why the administration said they op- cent of the world’s oil supply, all of it. its. That boils down to $1,000 for every posed it? Because it would require oil If we could drill it, all we have, 3 per- household in America. Every family of savings; using less oil to reach that cent. Each year we consume 25 percent every home paid an additional $1,000 goal, conservation and efficiency. The of the world’s oil supply. We can’t drill last year that went directly to the administration said they would oppose our way out of this. We can’t even if we profits of these oil companies. It didn’t the Cantwell amendment because it invade every wilderness, every refuge, go for investment, investment in new would force us to improve our CAFE the Great Lakes, the national parks, oil opportunities and oil sources or gas standards, the fuel economy of the cars and put a derrick down by the Wash- opportunities, no. It went to profits, and trucks we drive. That was the ad- ington Monument—we cannot drill our profits that were realized by the people ministration 8 months ago, 8 months way out of this problem. But time and who are running the companies. ago opposing the Cantwell amendment, again, that is what the Republicans One of them is the CEO of 8 months ago opposing a clear way out suggest is the answer. ExxonMobil. ExxonMobil has the larg- of the crisis we currently face. Let me tell you the facts. If we de- est corporate profits in the history of I think we understand the obvious: 60 cided to start drilling in the Arctic, if the United States of America, and they percent of all the oil we import goes we decided to violate this land that we are on course to break that record into the cars and trucks we drive. Un- once promised to hold sacred for future again this year. They rewarded the ar- less they are more fuel efficient, we are generations, if we said America was so chitect of these profits, Mr. Lee Ray- going to continue to burn more oil desperate that we have to turn to drill mond, their retiring CEO, with a little every single year to go the same mile- for oil to a wildlife refuge in Alaska, farewell gift. No, it wasn’t a gold age we went last year. Burning more this is what we can expect: The first watch. No, it wasn’t a set of golf clubs. oil means more dependence on foreign drop of oil would come out of that area It happened to be $400 million—$400 sources, means more cost to families in 10 years, and as we drill for that oil

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This is But it calls on a President and a Con- oil we take out of that wildlife refuge. what the headlines in this morning’s gress controlled by his party to step The Arctic National Wildlife Refuge is New York Times said: out and say some things which a lot of not the answer to America’s energy Republicans drop a tax plan after business oil companies will find objectionable. prayers. It is a desperation effort by leaders protest. Senate rejects action to But so be it. That is what leadership the Republicans to come up with some cushion high gas prices. should be about. answer to deal with the problem, an What is this all about? In the Repub- We need to encourage the kinds of answer which sadly does not meet the lican plan to deal with high energy technology for sustainable and renew- challenge we face. prices, they imposed a tax on these able fuels, technology that will lead to I listened as our majority leader profitable oil companies and they new companies, good-paying jobs talked about why we face these gas squealed like stuck pigs. Their lobby- across America. Instead of being prices today. Time and again he said, ists got on the phone and started rais- enslaved to foreign oil, we need to be and I quote, ‘‘I think the price is deter- ing all sorts of objections, indignation, masters again when it comes to energy, mined by supply and demand.’’ and the Republicans removed the tax. and we can do it with leadership. We You know, that is basic economics— So we cannot even tax these busi- can see in these ways the way of the fu- reduce supply, increase demand, and nesses, according to the Republican ture. There are alcohol-based fuels. The the price goes up. Increase supply and majority, when they are experiencing President has talked about them. I reduce demand and the price goes record-breaking profit. think he is right. For a long time I down, basically. Except there is one This article goes on to talk about all have supported ethanol. Of course, that element the majority leader does not of the protests that came from this in- is homegrown in Illinois. It is our corn refer to, an element which is critically dustry, and this is a powerful industry. turned into alcohol fuel supplementing important: We are not just talking Pick up this paper, the New York our gasoline. There is a great oppor- about price, we are talking about prof- Times, or your hometown paper, and tunity for expansion there. Biodiesel, it. We are talking about a market price today you are likely to find a full-page taking soybean oil and other vegetable which has been inflated so these com- ad—they run every day, every single oils, adding it to diesel fuel to stretch panies can realize record-breaking day—explaining why all the money you the value of that fuel and to reduce its profits at our expense. are paying at the gas pump is for your pollution—that is another opportunity This last weekend I appeared on a own good. This is a public relations for us. Cellulosic ethanol, which is an- talk show surrounded by people from campaign by an industry that is experi- other approach that has been used suc- the oil industry, investors, and they encing record-breaking profits. Last cessfully by Brazil. Brazil, over 30 talked about all of the conditions that week the American Petroleum Insti- years, decided they would become en- have led us to this point where gasoline tute—which represents all these oil ergy independent. They saw the writ- prices are so high: Hurricane Katrina, companies—was asked, What are you ing on the wall. As long as their econ- reduced refinery capacity, $70 to $75-a- going to do to respond to the con- omy depended on foreign oil, they barrel oil—they went through the sumers’ outrage over gasoline prices? could not control their future and so whole litany of these things. I said to What are you going to do about the they said we are going to be dependent them, as I learned basic economics, ev- fact that you are crippling businesses on our own homegrown fuel. With local erything they explained to me would and farmers and hurting individuals? oil as well as alcohol, they have trans- account for an increase in the price of What will you do when it comes to formed their economy into an energy- oil. But they all failed to acknowledge changing policy? independent economy which, within 2 an increase in the profits of the oil They said, What we will do is this: years, will start exporting fuel around companies, dramatic, record-breaking We will spend $30 million more this the world. What did it take to reach historic profits by these oil companies. year on lobbyists in Washington, DC, that? Leadership. Leadership that said Unless and until we address this re- and $25 million more buying newspaper no to the powerful oil interests and ality, then everything we do here is for ads explaining that it really isn’t so said their country’s interests were nothing. bad. more important. What can we do? We are down to five The American Petroleum Institute is We need the same thing now. We need major oil companies. Isn’t it curious, not going to come willingly to the a President who will stand up to lead- as you drive around your hometown, table. What our Republican friends ers in this oil industry and say the all the prices on all the pumps seem to have said is they are not going to drag economy of America is more important go up at the same time and come down them to the table to hold them ac- than their profits. We can do this, we at the same time and then go up? Is countable for what has happened across can do it as a nation, and we need to do that the sort of thing Government America. it because we need to combine this en- ought to look at once in a while? I What can we do? What should we do? ergy debate with another debate that is think so. But when you look at the First, we need fuel economy standards critically important. antitrust division of the Department of for the cars and trucks we drive. I have In a few days former Vice President Justice, they turned kind of a blind eye introduced this amendment twice and Al Gore is going to release a documen- to all the mergers and acquisitions it failed twice, and I will call it up tary. It is called ‘‘An Inconvenient that have led to this concentration of again the first chance I have. The year Truth.’’ It is going to talk about global ownership in the oil industry, con- 1985 was the last time we had a serious warming and how it is changing the centration at the expense of the con- effort to bring about more fuel-effi- world we live in, why we have so many sumers and the American economy. cient, fuel-economical vehicles across violent storms and hurricanes and Sadly, we don’t have the kind of Gov- America. It worked. We increased the changes in weather patterns. It just ernment oversight we need. This ad- average fleet mileage of cars across isn’t God’s random way of reminding ministration, the President and Vice America from about 15 miles a gallon us He is in charge. President, made their fortunes in pri- to 25–28 miles a gallon, and we did it in Sadly, we had something to do with vate life in the oil industry. This ad- 10 years without raising gasoline prices it. What that means is we have found ministration is closer to the oil indus- through the roof, despite the objections ways to burn less fuel and still fuel our try than any administration in our his- and resistance from Detroit and the oil economy. tory at a moment in our history when companies. We showed leadership and We have to find ways to conserve and the oil industry needs to be held ac- got it done. be more efficient so we don’t see the countable. In that 10-year period of time, as disappearance of the Arctic, or Green- So what do we do? We need to move America’s economy surged forward, our land, or sections of Antarctica, or the forward in several areas and we need to imports of oil from overseas dropped by elimination of species of animals such

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.005 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3856 CONGRESSIONAL RECORD — SENATE May 2, 2006 as polar bears because of the ice melt- be my first question to him: Will he More importantly, some of the heavily ing that is taking place around the step up and exercise leadership with us damaged gulf coast refineries rep- world. It is a very real issue and a very to eliminate that tariff on ethanol? resenting nearly 5 percent of U.S. refin- real problem. As we debate the future There is a 10-percent mandate in the ing capacity are still undergoing re- of energy, let us do it in an environ- Energy bill on ethanol. The Senator pair. But the good news is they are mentally responsible way. suggested we should have a higher likely to resume production at the end When my Republican colleagues say mandate on ethanol, or a higher sub- of this month. we can find new places to drill, such as sidy for that. The reality is one of the Another problem is because there wildlife refuges and wilderness, we can reasons gas prices have been where was so much refining capacity that drill in all of these places and are they are is we haven’t been able to went down, the Government urged the bound to find some oil; maybe we meet that 10-percent mandate. There refiners to continue refining and forego would, but at what cost? Shouldn’t isn’t enough ethanol being produced their regularly scheduled annual fall America’s goal be economic growth in and, therefore, because there is a lack maintenance in order to keep the sup- an environmentally sensible and re- of supply in comparison to the demand, ply of gasoline from dropping even fur- sponsible way? That should be part of the price has gone up, obviously. What ther. They did that. I am glad they did. this debate as well. We cannot ignore we need to do here, instead of pointing The problem now is the crisis is over it—the energy debate and the environ- fingers and demagoguing the issue, is and they are having to engage in that mental debate together. to understand economics and appre- deferred maintenance. And after Whatever our solution is, it should be ciate where the real problem is. Then months of heavier than normal usage, a solution that says to our children we we can begin to solve it. they are finding this long overdue will not only give you a world where There is an old saying: For every maintenance is reducing production you can drive and go to work with af- complex problem, there is a simple and out of the refineries as well. As it fordable gasoline prices, but we will wrong solution. That is what we have comes on line, we are going to see some give you a world where it is safe to mostly heard on the other side. The re- relief. live, where the environment you live in ality is, if you want to know the truth, Finally, as occurs every spring, refin- is not going to destroy the lifestyle we the single most important component ers, in compliance with Federal man- have enjoyed for generations. That is in the retail price of gasoline is the dated fuel regulations, have to switch part of our responsibility. cost of crude oil—the single most im- from the wintertime fuel blend to the I think we have a special challenge. portant factor. Indeed, the cost of summertime fuel blend which entails There is a challenge to Congress to rise crude oil accounts for 95 percent of the completely drawing down supplies of to the occasion which has caused con- price of a gallon of gasoline. Changes in wintertime fuel blend and replacing it cern and anger across America—energy the price of retail gasoline are almost with the summertime fuel blend. This prices that have broken the backs of entirely explained by changes in crude obviously also causes a short-term sup- individuals, families, and businesses, oil prices. ply disruption adding to the spike. driving people to payday loans and I have a chart I wish to show you There are some other factors as well, pawnshops to fill up their tank so they which demonstrates that over the last having to do with the elimination of can go to work. We need to show lead- 15 years, changes in the world price of MTBE as a motor fuel additive and the ership. It starts by acknowledging that crude oil have accounted for more than mandate for ethanol production or ad- the Energy bill signed by the President 95 percent of the changes in gasoline dition to the fuel which was not ini- last August has failed. We need a new prices. It shows that as crude oil prices tially able to comply with the 10-per- approach. We need new leadership. We have gone up, the price of gasoline has cent standard which has had some im- need to punish profiteers. We need to tracked it almost exactly. pact on prices, especially in much of protect consumers across America. We If you are looking for a culprit and the East Coast and Texas. need to promote energy independence why crude oil prices have gone up, it is But the bottom line here is there is a and the new technologies of sustain- because the demand has exceeded the variety of reasons why fuel costs and, able and renewable fuels that will gen- supply. Countries such as China and therefore, gasoline prices have spiked. erate new industries, new jobs, and new India are demanding more and more of It does not do a lot of good to point the opportunities. That is the vision for an the product. And because of con- finger at somebody and say, We know America moving in a new direction, a straints imposed significantly by the the answer; we will punish them and significant new direction, something Congress, we have not been adding to that will solve the problem. The reality the people across America have been the supply. is that profits from the oil industry are asking for. There are also other problems that now being put to use in expanding pro- I yield the floor. have created this spike recently. The duction. The industry invested nearly The PRESIDING OFFICER (Mr. largest reason, according to the folks $109 billion in 2004. While the numbers DEMINT). The Senator from Arizona is on Wall Street, is the nuclear saber aren’t in for 2005 yet, for first three recognized. rattling from Iran, which produces quarters it showed investment spend- f about 4 million barrels of oil a day—or ing was 28 percent higher than in the about 5 percent of world’s supply—and first three quarters of the previous ENERGY it controls the Strait of Hormuz year. It is projected this year to grow Mr. KYL. Mr. President, I wish to ad- through which about 17 million barrels by double digits again. dress the same subject and begin where of Middle East oil passes every day. This investment will lead to a 2.2 the distinguished Senator from Illinois Some experts believe that concern million barrel per day increase in pro- left off when he talked about new lead- about the Iranian nuclear crisis has duction this year, outpacing demand ership. added $10 per barrel to the price of that is expected to rise by just 1.8 mil- I wonder if he would join Republicans crude oil since the start of the year. If lion barrels per day. That, more than to see if we can eliminate the tariff on you add to that supply disruption in any of these other factors, is going to Brazilian ethanol, something which the Norway and Nigeria, as well as the add actual fuel to the pipeline which Senator from Illinois suggests we need machinations of Venezuela’s strong- will, therefore, enable us to bring the more of, one of the three solutions he man Hugo Chavez, you can see there fuel costs down. says we need—more leadership, more has been a spike in the world prices The bottom line here is when you are ethanol and fuel economy standards. I which have been reflected at the pump. talking about solutions, you talk about think we are going to provide some We have also had some domestic that which will either reduce the de- leadership and we are going to provide problems that have added to the spike mand or increase the productivity. Un- some more ethanol. One way to do that in prices. The U.S. Minerals Manage- fortunately, consumer demand has not is to reduce the extraordinary expense ment Service has reported that over been reduced that much even with the of bringing it in from Brazil. We 334,000 barrels per day of crude oil pro- higher prices, which means you have to haven’t gotten a lot of cooperation duction in the gulf coast are still shut look for more production. There are from the other side on that. That will in as a result of Hurricane Katrina. several ways you can do this.

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.007 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3857 The Senator from Illinois scoffed at The bottom line is this: There are a and Defense have been through. Am- ANWR, saying it is only 3 percent of of lot ideas about how to deal with the bassador Khalilzad has done a remark- the world’s supply. Do you realize how short-term cost of energy. Some of able job in encouraging the Iraqi lead- much that it is? That is huge. That is them are good. There are ways to in- ership to move forward with this new as much oil as Iraq produced. crease the long-term supply and thus government. That has been done. Had President Clinton not vetoed the deal with the long-term cost. But until Now is not the time to stop all the exploration in ANWR 10 years ago, that we are serious about the economics of constructive debate but to stop those oil would now be flowing today. The the issue, rather than simply trying to remarks and debate which can be pull- Senator says it will take 10 years. Yes. come up with a bumper sticker solu- ing back from the gains we have made, Before you can complete your journey, tion, we are never going to be able to showing less than full support to the you have to establish the first step. eliminate the cost to consumers. And Iraqi people for their courage and their That is what we have to do here. Had that, after all, ought to be our primary new government. we done that 10 years ago, that oil responsibility. I have studied each of the generals would be flowing today. The PRESIDING OFFICER. The Sen- individually. On the whole, I personally By the way, to characterize it as a ator from Virginia. believe it was a constructive contribu- wilderness area is a misrepresentation f tion to the debate. Others may differ. because as we should realize, this is an Somehow, I believe throughout our his- area expressly set aside for oil explo- IRAQ tory our senior uniformed officers— ration by the Congress. It is not going Mr. WARNER. Mr. President, last and, indeed, others, including enlisted into a wilderness area and cutting it evening, as most of us had departed men—have come forward at times to out and then exploring in an area that with the understanding that the floor provide their own perspectives which was set aside for wilderness. was about to close, our colleague from are contrary to the policymakers in There are other increases in produc- Illinois, Senator DURBIN, the distin- charge of that period of history. tivity in addition to ANWR. Increasing guished whip of the Democratic Party, I commend all who are participating our deepwater production 100 miles off- came over and proceeded to give what in the constructive debate. It should go shore is virtually safe. Clearly we can I felt was a very strong critique of all forward at this time. This Nation is at eliminate restrictions on the 100-mile of those things in Iraq which in his war. At the very minute we are privi- limit for deepwater drilling offshore. judgment and, to some extent, the leged to be in the Senate exercising We could, if we wanted to, stop buying judgment of others sharing it went freedom of speech and debate, young temporarily in this market today for wrong. There was little or no reference men and women in our Armed Forces the SPR, the Strategic Petroleum Re- to what went right and the progress are in harm’s way, subjecting them- serve. We could suspend the boutique that has been made in Iraq. selves to life at risk and, indeed, giving fuel blends and reduce the ethanol He concluded again with his own per- their lives and limbs. We must be ever mandate. sonal views with regard to Secretary mindful of the suffering of their fami- Those are short-term things that Rumsfeld and what should be done with lies. could be done. But again for the longer respect to his services in the future. Now is the time to show our strong- term, if you want to bring in more eth- It is interesting. Yesterday, Senator est resolve in Iraq. The President has anol, eliminate or reduce the tariff on BIDEN also spoke out with regard to his made a decision as to the leadership he Brazilian ethanol; if you want to have concept of this very difficult dilemma, desires, including Secretary Rumsfeld. more production, look at deepwater facing not only the Iraqis but all those He has that right as Commander in drilling and ANWR. Those are ways to nations working to help the Iraqis form Chief under the Constitution. He has actually add crude oil and, therefore, their government, as to how certain exercised that unequivocally and stat- fuel to the equation rather than these modifications should be taken with re- ed his views. It is now a matter for all ideas of not adding any oil whatsoever gard to the new government, namely to respect that judgment of the Presi- but simply make a political point. three secretaries having their own say dent and move forward. The point was made that profits of in this matter with an overall arching I personally have worked with many the oil companies are up. As has been government on top. Senator BIDEN’s Secretaries of Defense; three I served indicated, those profits are now being commentary, in my judgment, was con- under in the Department of Defense. plowed back into production and to re- structive, and was maybe a little too Every one in the last 30-plus years I finery capacity which is going to help late to back up from where we are at have worked with—except one, coinci- us reduce the cost. this moment. But it was nevertheless a dentally; when Secretary Rumsfeld was The Senator from Illinois said it is positive contribution to the debate and Secretary of Defense I was taking 2 strange indeed that prices go up all constructive, in sharp contrast to the years of my life preparing to try and over town when they go up. It is not comments of Senator DURBIN. get elected to the Senate, so with that strange at all. You don’t have to have A lot of things have gone right in one hiatus I have worked with them collusion between the oil companies for Iraq, not the least of which is the free- all, I have established a satisfactory, that phenomenon to be reflected be- dom of elections, the formation of a hard-working relationship with Sec- cause of the fact that the crude oil new government, the difficult process retary Rumsfeld. prices are the same for everyone. So if that their political structure went Our committee is now in the midst of everybody’s baseline price goes up, ev- through in selecting a new prime min- its markup and prepared to bring to erybody is going to be raising the cost ister, and making the commitments by the Senate its annual authorization of gasoline at the fuel pump. The idea that newly selected prime minister to bill. This is the most intense work pe- that there must be collusion or at least finish within this month of May the ap- riod between our committee and the the inference there must be collusion, pointments necessary to have a govern- Department of Defense. remember that the Government has ment in place and one that hopefully I conclude by saying think first of been investigating this for years and, will work to establish and take upon our troops and their sacrifices that to my knowledge, has never found any itself the responsibility of full sov- they have made, the risk they face evidence of collusion. As the President ereignty of that nation. This was a ray each day, and our goals to try and sup- said, we will keep on looking for it. If of optimism, in my judgment, a ray of port the formation of some type of we find it, obviously those people will hope. democratic government of the choosing not go unpunished. If there were any time in the entire of the Iraqi people and their leadership. Let us not try to point a finger of history of this Iraqi confrontation situ- Progress is being made every day now. blame in an area where we know we are ation and the Iraqi war when the new Now is the time to stand steadfast in coming up with a dry hole. That isn’t leaders of Iraq need support, it is now. our support of our troops, the coalition going to add anything to the produc- I daresay the constructive criticism of forces, the Iraqi elected leaders, and tion of crude oil and, therefore, do any- many—I led a codel with Senator LEVIN the people. thing to increase the supply and, there- a few weeks ago, and other codels have I yield the floor and I suggest the ab- fore, reduce the cost. gone through. The Secretaries of State sence of a quorum.

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.008 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3858 CONGRESSIONAL RECORD — SENATE May 2, 2006 The PRESIDING OFFICER. The this President has fully funded the I will at the appropriate time propose clerk will call the roll. Northwest Forest Plan that was the my amendment and hope it is not ruled The bill clerk proceeded to call the product of President Clinton but never out of order. roll. delivered on the timber that it prom- I yield the floor. Mr. SMITH. Mr. President, I ask ised in the hopes of bridging the gap for Mr. COCHRAN. Mr. President, I com- unanimous consent that the order for these communities. mend the distinguished Senator from the quorum call be rescinded. But still, after all of that effort, 6 Oregon for his comments and his lead- The PRESIDING OFFICER. Without years later, we find that only a small ership on these issues that are so im- objection, it is so ordered. percent of what was done 20 years ago portant to our forestry owners and peo- f is available to these communities in ple throughout the States who depend on incomes from those jobs. TIMBER terms of timber harvest. As a con- sequence, this secure rural schools fund I ask unanimous consent I be per- Mr. SMITH. Mr. President, I intended is about to expire. mitted to call up amendments at this to speak in reference to an amendment I suggest this is a very real, present point. I was to call up for the supplemental, danger, even an emergency, that is ap- The PRESIDING OFFICER. Without but because we are in morning business propriate to this supplemental. We objection, it is so ordered. I will speak in morning business. ought to include it. These are Federal f My amendment would be objected to decisions that have been made. They as out of order, as being inconsistent MAKING EMERGENCY SUPPLE- have been made by an administration with the supplemental emergency bill. MENTAL APPROPRIATIONS FOR in the 1990s. They have been made by However, I am here to talk about an THE FISCAL YEAR ENDING SEP- Federal law, the law that passed by emergency in rural Oregon in timber- TEMBER 30, 2006—Resumed this Congress. They have been made by dependent communities. The PRESIDING OFFICER. The courts that have enforced that law and For 100 years, there has been a rela- clerk will report the pending business. have locked up our forests and now tionship between the Federal Govern- The assistant legislative clerk read have us in a bind that is truly an emer- ment and rural communities that has as follows: gency. been absolutely indispensable to our A bill (H.R. 4939) making emergency sup- This is a Federal obligation. I need to country and to those communities. The plemental appropriations for the fiscal year deal was this: In those States where use every tool as a Senator that I have ending September 30, 2006, and for other pur- the Federal Government owns much of available to me to try to remind this poses. the land—in my State it owns more Senate, this Congress, of the obligation Pending: it has. We cannot abandon these com- than half of the State of Oregon—there McCain/Ensign amendment No. 3616, to would be multiple uses of public lands. munities. We cannot abandon these strike a provision that provides $74.5 million They would be managed as to their re- people. We have to find a way to con- to states based on their production of certain sources consistent with environmental tinue to get back to a management types of crops, livestock and or dairy prod- law. level that is consistent with environ- ucts, which was not included in the Adminis- mental law, that allows for multiple tration’s emergency supplemental request. In the case of the State of Oregon, McCain/Ensign amendment No. 3617, to there would be the result of timber uses of the land, the harvest of timber, the employment of our people, the pro- strike a provision providing $6 million to products, wood products, to build sugarcane growers in Hawaii, which was not duction of wood products, the receipt countless millions of homes. There included in the Administration’s emergency would be jobs for people and there of timber taxes, so that schools can re- supplemental request. would be the types of jobs that would main open, streets can remain paved, McCain/Ensign amendment No. 3618, to create tax revenues that would allow counties can be safe because they have strike $15 million for a seafood promotion local communities to have services. police protection. strategy that was not included in the Admin- istration’s emergency supplemental request. In addition to that, there is what are This is not inexpensive. The annual cost of what we did to bridge this gap McCain/Ensign amendment No. 3619, to called timber receipts. Local commu- strike the limitation on the use of funds for nities would get 25 percent of the tim- was $500 million a year. Oregon is re- the issuance or implementation of certain ber receipts from the harvest of public sponsible for 20 percent of the mer- rulemaking decisions related to the interpre- timber. This has been absolutely indis- chantable timber in this country. We tation of ‘‘actual control’’ of airlines. pensable to the life of these rural com- are not alone in terms of the benefit Warner amendment No. 3620, to repeal the munities. that came from this secure rural requirement for 12 operational aircraft car- riers within the Navy. That deal changed in the 1990s. To schools fund. California received $380 million over the last 6 years; Montana, Coburn amendment No. 3641 (Divisions IV show you how devastating this change through XIX), of a perfecting nature. was to my State, we had the listing of $63 million; Mississippi received $38.8 Vitter amendment No. 3627, to designate the spotted owl. We had the Endan- million to keep their rural timber-de- the areas affected by Hurricane Katrina or gered Species Act go into effect. Presi- pendent communities together body Hurricane Rita as HUBZones and to waive dent Clinton and Vice President Gore and soul. the Small Business Competitive Demonstra- pursued a forest policy that took a har- We cannot walk away from this until tion Program Act of 1988 for the areas af- vest of roughly 8 billion board feet a we find a day where we can get back to fected by Hurricane Katrina or Hurricane a deal that is sustainable in terms of Rita. year down to less than 1 percent of that Vitter/Landrieu modified amendment No. in many national forests. As a con- environmental policy, timber produc- 3626, to increase the limits on community sequence, by the end of the 1990s, our tion, and the employment of our peo- disaster loans. schools were closing. They operated 4 ple. Heaven knows we need the timber. Vitter modified amendment No. 3628, to days a week. Counties had no money We are now a net importer of timber in base the allocation of hurricane disaster re- because many of them have lost up to this country. Yet what do we do with lief and recovery funds to States on need and 60 percent of their operating budgets. our own timber? Our policies are in physical damages. gridlock and our forests are burning. Wyden amendment No. 3665, to prohibit the At the end of the Clinton administra- use of funds to provide royalty relief for the tion, the Congress, with President Clin- Three years ago, there were 500,000 production of oil and natural gas. ton, recognized the damage, the devas- acres burned in southern Oregon, larg- Santorum modified amendment No. 3640, to tation, being done to these commu- er than the State, I am told, of Rhode increase by $12,500,000 the amount appro- nities, so we passed, in 2000, the Secure Island. Yet that timber still stands rot- priated for the Broadcasting Board of Gov- Rural Schools Act to bridge the gap be- ting, a moonscape that, frankly, ought ernors, to increase by $12,500,000 the amount tween what had been, the gridlock that to be allowed to at least be salvaged in appropriated for the Department of State for existed, and the hope for a brighter day some degree. the Democracy Fund, to provide that such funds shall be made available for democracy when there would be a predictable, sus- Until we come to a day where we programs and activities in Iran, and to pro- tainable level of forestry. have a policy that we in the Federal vide an offset. President Bush and the Congress pur- Government agree upon, we cannot Salazar/Baucus amendment No. 3645, to sued the Healthy Forests Initiative and abandon these rural communities. provide funding for critical hazardous fuels

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and forest health projects to reduce the risk AMENDMENT NO. 3769 CLOTURE MOTION of catastrophic fires and mitigate the effects Mr. COCHRAN. Mr. President, I call The PRESIDING OFFICER. Under of widespread insect infestations. up amendment No. 3769 on behalf of Mr. Vitter amendment No. 3668, to provide for the previous order, the clerk will re- DOMENICI regarding levee funding. This the treatment of a certain Corps of Engi- port the motion to invoke cloture. neers project. amendment has been cleared on both The assistant legislative clerk read Burr amendment No. 3713, to allocate funds sides of the aisle, and I urge it be as follows: to the Smithsonian Institution for research agreed to. on avian influenza. The PRESIDING OFFICER. The CLOTURE MOTION Coburn (for Obama/Coburn) amendment amendment is pending. We the undersigned Senators, in accord- No. 3693, to reduce wasteful spending by lim- The question is on agreeing to the ance with the provisions of rule XXII of the iting to the reasonable industry standard the amendment. Standing Rules of the Senate, do hereby spending for administrative overhead allow- The amendment (No. 3769) was agreed move to bring to a close debate on Calendar able under Federal contracts and sub- No. 391, H.R. 4939, the Emergency Supple- contracts. to. Mr. COCHRAN. I move to reconsider mental Appropriations Act for Defense, the Coburn (for Obama/Coburn) amendment Global War on Terror, and Hurricane Recov- No. 3694, to improve accountability for com- the vote and I move to lay that motion ery, 2006. petitive contracting in hurricane recovery on the table. Bill Frist, Thad Cochran, Judd Gregg, by requiring the Director of the Office of The motion to lay on the table was Lamar Alexander, Wayne Allard, John- Management and Budget to approve con- agreed to. ny Isakson, Mitch McConnell, Mel Mar- tracts awarded without competitive proce- AMENDMENT NO. 3789 tinez, Orrin Hatch, Kay Bailey dures. Mr. COCHRAN. I call up amendment Hutchison, George Allen, Norm Cole- Coburn (for Obama/Coburn) amendment man, Pat Roberts, Richard Shelby, No. 3695, to improve financial transparency No. 3789 on behalf of Mrs. HUTCHISON regarding treatment of Hurricane Rita Larry Craig, Richard Burr, Robert F. in hurricane recovery by requiring the Direc- Bennett. tor of the Office of Management and Budget States. to make information about Federal con- The PRESIDING OFFICER. The The PRESIDING OFFICER. By unan- tracts publicly available. clerk will report. imous consent, the mandatory quorum Coburn (for Obama/Coburn) amendment The assistant legislative clerk read call has been waived. No. 3697, to improve transparency and ac- as follows: countability by establishing a Chief Finan- The question is, Is it the sense of the cial Officer to oversee hurricane relief and The Senator from Mississippi [Mr. COCH- Senate that debate on H.R. 4939, an act recovery efforts. RAN], for Mrs. HUTCHISON, for herself, Mr. making emergency supplemental ap- Menendez amendment No. 3675, to provide CORNYN, and Ms. LANDRIEU, proposes an propriations for the fiscal year ending additional appropriations for research, devel- amendment numbered 3789. September 30, 2006, and for other pur- opment, acquisition, and operations by the Mr. COCHRAN. Mr. President, I ask poses, shall be brought to a close? Domestic Nuclear Detection Office, for the unanimous consent the reading of the purchase of container inspection equipment The yeas and nays are mandatory amendment be dispensed with. under the rule. for developing countries, for the implemen- The PRESIDING OFFICER. Without tation of the Transportation Worker Identi- objection, it is so ordered. The clerk will call the roll. fication Credential program, and for the The amendment is as follows: The bill clerk called the roll. training of Customs and Border Protection officials on the use of new technologies. (Purpose: To ensure States impacted by Hur- Mr. DURBIN. I announce that the Murray (for Harkin) amendment No. 3714, ricane Rita are treated equally with regard Senator from Delaware (Mr. BIDEN), to increase by $8,500,000 the amount appro- to cost-share adjustments for damage re- the Senator from Massachusetts (Mr. priated for Economic Support Fund assist- sulting from that hurricane) KERRY), and the Senator from West ance, to provide that such funds shall be On page 165, line 20, after ‘‘Provided,’’ in- Virginia (Mr. ROCKEFELLER) are nec- made available to the United States Insti- sert the following: ‘‘That for states in which essarily absent. tute of Peace for programs in Iraq and Af- the President declared a major disaster (as ghanistan, and to provide an offset. that term is defined in section 102 of the I also announce that the Senator Conrad/Clinton amendment No. 3715, to off- Robert T. Stafford Disaster Relief and Emer- from Arkansas (Mrs. LINCOLN) is absent set the costs of defense spending in the sup- gency Assistance Act (42 U.S.C. 5122)) on Sep- due to death in family. plemental appropriation. tember 24, 2005, as a result of Hurricane Rita, The PRESIDING OFFICER (Mr. Levin amendment No. 3710, to require re- each county or parish eligible for individual SUNUNU). Are there any other Senators ports on policy and political developments in and public assistance under such declaration in the Chamber desiring to vote? Iraq. in such States will be treated equally for Schumer/Reid amendment No. 3723, to ap- purposes of cost-share adjustments under The yeas and nays resulted—yeas 92, propriate funds to address price gouging and such Act, to account for the impact in those nays 4, as follows: market manipulation and to provide for a re- counties and parishes of Hurricanes Rita and [Rollcall Vote No. 103 Leg.] port on oil industry mergers. Katrina: Provided further,’’. Schumer amendment No. 3724, to improve YEAS—92 Mr. COCHRAN. Mr. President I urge maritime container security. Akaka Dole McConnell Murray (for Kennedy) amendment No. 3716, agreement of the amendment. It has Alexander Domenici Menendez to provide funds to promote democracy in been cleared on both sides. Allard Dorgan Mikulski Iraq. The PRESIDING OFFICER. The Allen Durbin Murkowski Murray (for Kennedy) modified amendment question is on agreeing to the amend- Baucus Ensign Murray Bayh Enzi No. 3688, to provide funding to compensate ment. Nelson (FL) individuals harmed by pandemic influenza Bennett Feinstein Nelson (NE) The amendment (No. 3789) was agreed Bingaman Frist Obama vaccine. Bond Graham Cornyn amendment No. 3722, to provide for to. Pryor Mr. COCHRAN. Mr. President, we are Boxer Grassley Reed immigration injunction reform. Brownback Gregg Reid Cornyn amendment No. 3699, to establish a at a point in the proceedings at the Bunning Hagel Roberts floor to ensure that States that contain Burns Harkin hour of 11 o’clock to vote on cloture on Salazar Burr Hatch areas that were adversely affected as a result the bill. I urge Senators to support this Santorum Byrd Hutchison of damage from the 2005 hurricane season re- motion to bring to a close debate on Sarbanes ceive at least 3.5 percent of funds set aside Cantwell Inhofe the provisions of the supplemental ap- Carper Inouye Schumer for the CDBG program. Chafee Isakson Sessions Cornyn amendment No. 3672, to require propriations bill so that we may pro- Shelby ceed to consider other amendments Chambliss Jeffords that the Secretary of Labor give priority for Clinton Johnson Smith national emergency grants to States that as- that are pending and dispose of that Coburn Kennedy Snowe sist individuals displaced by Hurricanes measure. Cochran Kohl Specter Katrina or Rita. It is an urgent supplemental. It con- Coleman Kyl Stabenow Murray (for Byrd) amendment No. 3708, to Collins Landrieu Stevens tains emergency funding for the De- Sununu provide additional amounts for emergency Conrad Lautenberg partment of Defense, the Department Talent management performance grants. Cornyn Leahy Craig Lieberman Thomas Domenici/Reid amendment No. 3769, to pro- of State, as well as disaster assistance for the gulf State regions and else- Crapo Lott Thune vide additional construction funding for Dayton Lugar Vitter levee improvements in the New Orleans met- where for natural disaster damages and DeMint Martinez Voinovich ropolitan area, gulf coast restoration. destruction. DeWine McCain Warner

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.001 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3860 CONGRESSIONAL RECORD — SENATE May 2, 2006 NAYS—4 The Senator from Arizona is recog- money on Iraq, unfortunately, for a Dodd Levin nized. long period of time. But this vehicle in Feingold Wyden Mr. MCCAIN. Mr. President, this itself is a violation of the normal pro- NOT VOTING—4 amendment would strike the $6 million cedures of the Senate because it should Biden Lincoln earmark for sugarcane growers in Ha- be authorized and then appropriated. Kerry Rockefeller waii, which was not included in the ad- But this vehicle is then, of course, used The PRESIDING OFFICER. On this ministration’s emergency supple- to load up unnecessary, unwanted, un- vote, the yeas are 92, the nays 4. Three- mental request. fortunate, and sometimes outrageous fifths of the Senators duly chosen and I would again remind my colleagues additional spending. sworn having voted in the affirmative, of the Statement of Administration For example, in this bill, which is not the motion is agreed to. Policy which was issued on April 25, subject to this amendment, we have $15 Mr. LEVIN. Mr. President, I voted obviously on the legislation now being million to the USDA Ewe Lamb Re- against the motion to invoke cloture considered. Again, this has been re- placement and Retention Program. on the supplemental appropriations bill peated several times in the Chamber, This program already exists and is because it will have the effect of pre- but I think it is important to again meant to assist with lamb breeding venting the consideration of a number quote from the administration’s state- stock needs, not hurricane recovery; of important and relevant amend- ment, saying: $400,000 goes to the Rio Grande Valley ments. The administration is seriously concerned sugar growers for assistance with sug- There are more than a hundred with the overall funding level and the nu- arcane storage and transportation amendments which have been filed on merous unrequested items included in the costs to the port of Baton Rouge, LA. this bill. Several are important amend- Senate bill that are unrelated to the war or Among the many sugar growers nation- emergency hurricane relief needs. The final ments, such as Senator WYDEN’s wide, why are we providing an earmark amendment to prevent funds from version of the legislation must remain fo- to this particular group? cused on addressing urgent national prior- There is $120 million for sugarcane being used to continue discounts given ities while maintaining fiscal discipline. Ac- and sugar beet disaster assistance in to the oil companies on royalties which cordingly, if the President is ultimately pre- Florida. Rather than using existing otherwise would be paid to the Federal sented a bill that provides more than $92.2 USDA disaster assistance programs, Government for production of oil and/ billion, exclusive of funding for the Presi- this legislation would establish a spe- or natural gas on Federal lands. An- dent’s plan to address pandemic influenza, he cial program that caters directly and other example is the bipartisan amend- will veto the bill. solely to Florida sugar. By the way, it ment that I offered with Senators COL- The administration statement goes is one of the most heavily subsidized LINS and REED to require reports to on to say: industries in America today. Congress on progress toward a national The administration strongly opposes the There is $6 million to compensate committee’s agricultural assistance proposal unity government in Iraq. owners of flooded crop and grazing land Too frequently in recent years, we totaling nearly $4 billion. The 2002 farm bill was designed, when combined with crop in- in North Dakota. Hurricanes in North see a pattern of slowing down consider- Dakota? North Dakota is one of the na- ation of amendments or filling the surance, to eliminate the need for ad hoc dis- aster assistance. In 2005, many crops had tion’s top producers of, you guessed it, amendment tree to block them alto- record or near record production and the sugar. gether, followed by cloture to end de- U.S. farm sector cash receipts were the sec- Mr. President, the amendment I offer bate and further restricting or pre- ond highest ever. Furthermore, the proposed today would strike an earmark in the venting the consideration of amend- level of assistance is excessive and may over- bill that provides $6 million to sugar- ments. The Senate, which has often compensate certain producers for their cane growers in Hawaii. Obviously, the been referred to as ‘‘the world’s great- losses. Hawaiian lands were not anywhere est deliberative body’’ and which his- So the administration is pretty clear near the path of the 2005 hurricanes. torically has been characterized by the about this issue of these add-ons which Certainly it is appropriate that any quality of its debate, should not permit have ballooned this bill from $92 billion farmer impacted by a natural disaster this pattern of preventing the consider- to $105 billion or so. can seek Federal assistance which, as I ation of, and votes on, amendments to I also point out for my colleagues’ already said, is why there are existing become the norm. benefit that the American people are USDA disaster recovery programs au- When I came to the Senate, the lead- growing very weary of this earmarking thorized under the 2002 farm bill. But ership did not as a routine approach process. Last Thursday, there was a in this case the appropriators are es- try to prevent consideration of amend- poll published in the Wall Street Jour- tablishing a special program that ca- ments they didn’t agree with. Instead, nal, which is an NBC News/Wall Street ters directly to Hawaiian sugar grow- they attempted to amend them or sim- Journal poll, and it was interesting in ers via a must-pass emergency appro- ply vote against them. In recent years, that it says: priations bill. we see more and more bills on which In particular, Americans who don’t ap- I think it is important that we con- amendments are limited or blocked en- prove of Congress blame their sour mood on tinue to go back, as we argue the mer- tirely, more like the House. On the PA- partisan contention and gridlock in Wash- its or demerits of these earmarks, to TRIOT Act, this year, for example, the ington. Some 44 percent call themselves ‘‘tired of Republicans and Democrats fight- the fact that this is the ‘‘Emergency amendment tree was completely filled Supplemental Appropriations Act for by the leadership, a procedural tech- ing each other.’’ Thirty-six percent say noth- ing seems to get done on important issues. Defense, the Global War on Terror, and nique for preventing any amendments Further, 34 percent cite corruption among Hurricane Recovery.’’ Hawaiian sugar from being considered, and none were. lawmakers. Among all Americans, a 39 per- growers do not fit in any of those cat- Mr. President, I support the funding cent plurality say the single most important egories. for the troops in Iraq and Afghanistan, thing for Congress to accomplish this year is According to this bill, according to and I support the emergency assistance curtailing budgetary earmarks benefiting the legislation before us, the Secretary for the gulf coast in the wake of Hurri- only certain constituents. shall use $6 million to ‘‘assist sugar- cane Katrina. I intend to support this If there is ever a bill that would em- cane growers in Hawaii by making a bill on final passage in the Senate. I phasize the frustration Americans have payment in that amount to an agricul- am opposed, however, to the use of this felt, it is this legislation that is before tural transportation cooperative in Ha- procedure to limit debate and the con- us. waii, the members of which are eligible sideration of amendments. A worthy cause, although I intend, to receive marketing assistance loans AMENDMENT NO. 3617 along with others, to stop this business and loan deficiency payments.’’ Mr. MCCAIN. Mr. President, I have of continuing to fund the war in Iraq, What does that mean? I can only as- an amendment at the desk, No. 3617. I which has been going on now a number sume this funding will be directed to ask for its immediate consideration. of years now, the ‘‘emergency supple- the Hawaii Sugar and Transportation The PRESIDING OFFICER. The mental,’’ it is long overdue and time to Cooperative, the only entity that re- amendment is pending. It is now the focus on the normal budgetary process ceived $7.2 million from a nearly iden- regular order. because we know we will be spending tical provision in last year’s, guess

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.010 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3861 what, military construction appropria- tritious agricultural commodities and actual repair or reconstruction costs tions. This same entity has already got found that Americans ate an abysmal are much higher than the amount we $7.2 million out of a MilCon bill. I am 8.3 pounds of broccoli a year in 2003, are seeking. informed the members are the Gay and something I can understand. I hope my colleagues will show some Robinson Sugar Company, the island of Again I question the need to spend compassion and understanding. It is an Hawaii, and the Hawaiian Commercial more taxpayer dollars on sugarcane. emergency. Sugar Company, the island of Maui. Didn’t we just vote last week not to I thank the Chair. These are producer-owned sugarcane fund a $15 million marketing program The PRESIDING OFFICER. The Sen- mills that own the land. for seafood? Certainly less than a week ator from Mississippi. Let me repeat. The same cooperative later we are not going to turn around Mr. COCHRAN. Mr. President, this got a bailout a year ago. Are we now and vote to fund marketing to support provision was included in the com- going to start providing these two com- this effort. mittee bill in the agricultural disaster panies with annual supplemental ap- Mr. President, I ask for the yeas and title of the supplemental because of se- propriations bailouts? I urge my col- nays on this amendment. vere weather-related damage to Ha- leagues to question what we are doing. The PRESIDING OFFICER. The yeas waii’s sugarcane crop this year. Let me quote from the administra- and nays are requested. Is there a suffi- Hawaii sustained heavy rains and tion’s Statement of Administrative cient second? There appears to be a suf- flooding from February 20 through Policy again: ficient second. April 2, devastating and destroying In 2005, many crops had record or near The yeas and nays were ordered. public and private property. The funds record production and U.S. farm sector cash Mr. MCCAIN. Mr. President, I yield were considered by the committee to receipts were the second highest ever. Fur- the floor. be necessary to assist sugarcane farm- thermore, the proposed level of assistance is The PRESIDING OFFICER. The Sen- ers through their cooperatives with excessive and may overcompensate certain cane crop losses. producers for their losses. ator from Hawaii. Mr. INOUYE. Mr. President, the pro- They also sustained damage to their What are we trying to do with this irrigation canal systems, and there bill? We are trying to tell our farmers, vision under attack at this moment was not snuck in during the dark of were public roads that were washed out no matter where you are or what you resulting from the heavy rains. farm, don’t bother with crop insurance night. It was openly discussed with the authorizing committee and was grant- I support the position of the Senator because come next year’s supple- from Hawaii on this amendment and mental, we will dole out far more than ed approval. It was openly discussed with the Appropriations Subcommittee urge the amendment be defeated. you need. The PRESIDING OFFICER. The Sen- As Secretary Mike Johanns said: on Agriculture and it was granted ap- proval. That is why this provision is in ator from Oklahoma. I have spent the last week studying the bill Mr. COBURN. Mr. President, I will be the supplemental. It was approved by to try to get an understanding of the me- very brief. chanics of the bill, but taking it a step fur- the authorizers and the appropriators. One of the things we know we are all ther, trying to get an understanding of what Thirdly, it was openly discussed with going to have to look at in the 2007 we have done for disaster relief in the last the Secretary of Agriculture, and the year. And what is the agricultural economy farm bill is how do we continue down Secretary issued a statement declaring this road and be able to afford it. like that may lay the foundation for some- that this was a disaster area. body to say we need disaster relief. The 2002 farm bill put in what was Why do we call this a disaster? In one He said for the 2005 and 2006 crop called crop insurance. Every time we of those strange natural phenomena, put in a program that undermines the years, despite pockets of weather prob- for 40 days and 40 nights it rained in lems, ‘‘Every year you see them. For a incentive to use crop insurance, all we Hawaii. In one spot, it rained 126 inches country this big, it is unusual not to do is add it to the deficit, and we come in those 40 days. The average in most have some weather issues out there.’’ back. But despite pockets of problems, pro- areas was 3 inches a day. Obviously, There is no question there are some duction and yields set records or near with such sustained heavy rains, you needs, and probably legitimate, but records recently. would have devastation. Many families what this appropriation does is create Johanns’ conclusions, after getting lost their homes. Private property and an incentive for people not to use crop answers to his questions: ‘‘I got all public property were destroyed. insurance. That is exactly what it does. that data and evidence, and that got The $6 million in this provision is to So if we want to unwind further and me thinking, ‘What are they trying to assist the two sugar companies, Gay raise the costs for the American people do with that bill?’’’ He is talking about and Robinson and Hawaiian Commer- of the farm bill we have today, all we the supplemental bill before us. ‘‘So I cial and Sugar, with their crop losses, have to do is keep this kind of funding studied the bill and I must admit, my damage to their irrigation canal sys- in, and we will undo and make sure we forehead started wrinkling.’’ tem, and washed out roads. spend more money in the future. Well, as noted in Saturday’s Wash- It may interest my colleagues to I yield the floor. ington Post editorial, ‘‘Should Farm- know that on the island of Kauai, that The PRESIDING OFFICER. Is there ing Be the Nation’s Only Risk-Free En- plantation suffered more than 100 miles further debate? terprise?’’ perhaps the intent in pro- of roads being severely damaged. They The Senator from Arizona. viding this $6 million to the Hawaiian are washed out and require complete Mr. MCCAIN. Mr. President, I will be sugar growers is to prop up a sugar in- rebuilding. Some of the most critical brief. dustry which has fallen on hard times. roads were the access roads to irriga- I understand Hawaii experienced se- With rising diabetes and child obesity tion, and these will have to be rebuilt. vere flooding this winter. It should be rates which have more than doubled In addition to the roads, the irriga- pointed out that the heavy tropical since 1977, maybe sugar isn’t in demand tion infrastructure on the island of rains did not lead to a Presidential dis- as in previous years. Maybe the efforts Kauai was totally damaged and de- aster declaration. Surely the flooding by parents to have soft drink machines stroyed. This infrastructure damage impacted a broad range of agricultural stripped from public schools is having a has two costs. One is the cost of repair- commodities in Hawaii, not just sugar- prolific effect on sugar production. If ing, obviously, and the other is the cane growers, and the Secretary of Ag- only that were the case. In reality, sugar losses due to production disrup- riculture is providing assistance under consumption of sweeteners in the U.S. tions. And the same can be said for the existing USDA disaster recovery pro- has risen from 113 pounds per person island of Maui. grams. These programs will help farm- per year in 1966 to around 142 pounds The yield losses alone for the two ers with noninsured crops, debt man- per person per year in 2004. At that rate companies will far exceed the amount agement, emergency loans, infrastruc- Americans consume the equivalent of we are requesting for assistance. ture repair, and farmland rehabilita- about 1 teaspoon of sugar per hour Losses have occurred because of this tion. Do we really need an additional every 24 hours, 7 days a week. damage. earmark of $6 million for Hawaiian The U.S. News & World Report com- In summary, heavy rains caused tre- sugarcane growers on top of the assist- pared our sugar fix to other, more nu- mendous infrastructure damages. The ance already offered by the USDA?

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.015 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3862 CONGRESSIONAL RECORD — SENATE May 2, 2006 Mr. President, I ask unanimous con- fact sheet about DSA can be found at http:// Proponents of the spending point to sent to print in the RECORD a USDA www.fsa.usda.qov/pas/publications/facts/ droughts in Iowa, floods in North Dakota and factsheet that contains the programs debtset05.pdf. wildfires in Texas—calamities that have af- that are available: Emergency Con- EMERGENCY LOAN PROGRAM (EM) fected farmers there, they say, in much the same way Hurricane Katrina slammed those servation Program, Noninsured Crop FSA provides emergency loans to help pro- ducers recover from production and physical in the Gulf Coast. There are, no doubt, farm- Disaster Assistance Program, Disaster ers who have suffered severe losses this year. Debt Set-Aside Program, and the losses due to drought, flooding, other natural disasters, or quarantine. Isn’t that what crop insurance—government- Emergency Loan Program. Emergency loans may be made to farmers subsidized crop insurance, to the tune of $4.2 There being no objection, the mate- and ranchers who own or operate land lo- billion this year—is supposed to be about? rial was ordered to be printed in the cated in a county declared by the president True, crop insurance doesn’t cover, all RECORD, as follows: as a disaster area or designated by the sec- losses, but should farming be the nation’s retary of agriculture as a disaster area or only risk-free enterprise? Besides, one of the ONGOING DISASTER ASSISTANCE PROGRAMS theories behind the egregious 2002 farm bill FOR AGRICULTURAL PRODUCERS quarantine area (for physical losses only, the FSA administrator may authorize emer- was that it would, at least, provide generous OVERVIEW gency loan assistance). EM funds may be enough payments year in and year out that The Farm Service Agency (FSA) offers used to: farmers wouldn’t need emergency bailouts. farmers and ranchers various types of dis- Restore or replace essential property; The administration is right to oppose this aster aid to facilitate recovery from losses Pay all or part of production costs associ- provision; the Senate ought to show enough caused by drought, flood, freeze, tornadoes, ated with the disaster year; discipline to take it out. Don’t count on it, hurricane, and other natural events. Ongoing Pay essential family living expenses; though. On Wednesday, Senate Majority disaster assistance programs available to eli- Reorganize the farming operation; and Leader Bill Frist (R-Tenn.) touted a letter to gible producers are: Refinance certain debts. the president, joined by 35 of his colleagues, EMERGENCY CONSERVATION PROGRAM (ECP) Mr. MCCAIN. Mr. President, I also pledging to sustain a threatened veto if the ECP provides funding for farmers and ask unanimous consent to print in the spending package exceeds the administra- ranchers to rehabilitate farmland damaged tion’s requested $95.5 billion. That same day, RECORD the editorial contained in the the Senate voted by a veto-proof 72 to 26 by wind erosion, floods, hurricanes, or other Washington Post on April 29 basically natural disasters and for carrying out emer- against removing the farm spending and gency water conservation measures during saying: other provisions from the bill— current price periods of severe drought. The natural dis- There are, no doubt, farmers who have suf- tag, $106.5 billion. fered severe losses this year. Isn’t that what aster must create new conservation problems Mr. MCCAIN. I yield the floor. which, if not treated, would: crop insurance—government-subsidized crop Impair or endanger the land; insurance, to the tune of $4.2 billion this The PRESIDING OFFICER. The Sen- Materially affect the productive capacity year—is supposed to be about? ator from Hawaii. of the land; The administration is right to oppose this Mr. INOUYE. Mr. President, if I may Represent unusual damage which, except provision; respond, on April 2 of this year, the for wind erosion, is not the type likely to They are talking about the provision rains ended. The Governor of Hawaii, recur frequently in the same area; and of $4 billion in disaster payments to Be so costly to repair that federal assist- in a most expeditious manner, gathered ance is, or will be required, to return the farmers as part of the emergency all the facts and filed a report with the land to productive agricultural use. spending bill— President of the United States on April NONINSURED CROP DISASTER ASSISTANCE the Senate ought to show enough discipline 10. That letter to the President re- PROGRAM (NAP) to take it out. quested that the President issue a dec- NAP provides financial assistance to eligi- There being no objection, the mate- laration of disaster. It is now in the ble producers affected by drought, flood, hur- rial was ordered to be printed in the White House under consideration. It is ricane, or other natural disasters. NAP cov- RECORD, as follows: unfortunate it is not before us, but we ers noninsurable crop losses and planting [From the Washington Post, Apr. 29, 2006] have been assured that it will be part prevented by disasters. FARMERS AT THE TROUGH of the declaration. I wish the record to Landowners, tenants, or sharecroppers who Farm Subsidies have risen from $8 billion show that the State of Hawaii did go share in the risk of producing an eligible in 1997 to a projected $22 billion this year. crop may qualify for this program. Before through every regular step to make Farm earnings have risen, too. Net farm in- payments can be issued applications must certain this request was done in the come grew from $36 billion in 2002 to a record first be received and approved, generally be- regular fashion. $83 billion in 2004. Although that fell last fore the crop is planted, and the crop must year to $72 billion and is forecast to drop The PRESIDING OFFICER. Is there have suffered a minimum of 50 percent loss again 2006, to $56.2 billion, that’s still above further debate on the amendment? If in yield. the 10-year average. not, the question is on agreeing to Eligible crops include commercial crops But why let good news stand in the way of and other agricultural commodities pro- amendment No. 3617. The yeas and nays even more payments to farmers? The Senate duced for food, including livestock feed or have been ordered. The clerk will call is poised to add $4 billion in ‘‘disaster’’ pay- fiber for which the catastrophic level of crop the roll. ments to farmers as part of the emergency insurance is unavailable. spending bill it’s debating. A big chunk The legislative clerk called the roll. Also eligible for NAP coverage are con- would go to farmers who have suffered no trolled-environment crops (mushroom and Mr. DURBIN. I announce that the other disaster than the high energy prices floriculture), specialty crops (honey and Senator from West Virginia (Mr. that are hitting every other sector of the maple sap), and value loss crops (aqua- ROCKEFELLER) is necessarily absent. economy—not to mention anyone who drives culture, Christmas trees, ginseng, orna- a car. The PRESIDING OFFICER (Mr. mental nursery, and turfgrass sod). Under the Senate proposal, farmers who al- BURR). Are there any other Senators in DISASTER DEBT SET-ASIDE PROGRAM (DSA) ready receive cash subsidies for the corn, the Chamber desiring to vote? DSA is available to producers in primary wheat, cotton or other crops they grow— The result was announced—yeas 40, or contiguous counties declared presidential money they get when prices are high or nays 59, as follows: or secretarial disaster areas. When borrowers prices are low, in good years and bad—would affected by natural disasters are unable to get an extra 30 percent, at a cost of $1.56 bil- [Rollcall Vote No. 104 Leg.] make their scheduled payments on any debt, lion on top of the $5.2 billion the government YEAS—40 FSA is authorized to consider set-aside of is already spending. Because payments are some payments to allow the farming oper- based on the size of farm operations, this Alexander Dole Martinez Allard Ensign ation to continue. would funnel the largest amounts to the big- McCain Allen Enzi McConnell After disaster designation is made, FSA gest commercial farms; according to an anal- Brownback Feingold Nelson (NE) will notify borrowers of the availability of ysis by the Environmental Working Group, Bunning Frist Santorum the DSA. Borrowers who are notified have just 10 percent of bonus subsidy recipients Burr Graham Sessions eight months from the date of designation to will collect nearly 60 percent of the money. Chafee Grassley Snowe apply. Also, to meet current operating and More than 50 producers would collect an Coburn Gregg Sununu Collins Hagel family living expenses, FSA borrowers may extra $100,000 or more. Meanwhile, 60 percent Thomas Cornyn Hutchison Thune request a release of income proceeds to meet of the nation’s farmers would get nothing Craig Inhofe Vitter these essential needs or request special serv- under this program because they raise live- Crapo Isakson icing provisions from their local FSA county stock or grow crops that aren’t eligible for DeMint Kyl Voinovich offices to explore other options. A complete the subsidy. DeWine Lugar

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.016 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3863 NAYS—59 the past month and over 54 cents since If we want to make a serious dent in Akaka Dorgan Murkowski the Energy bill was signed into law last our use of oil, however, we need to look Baucus Durbin Murray August. Many of the countries that we at the transportation sector, which is Bayh Feinstein Nelson (FL) depend on for our oil are politically un- responsible for two-thirds of our na- Bennett Harkin Obama Biden Hatch Pryor stable or have unfriendly regimes. The tional oil consumption. While everyone Bingaman Inouye Reed Iranian situation, in particular, threat- seems to agree on the need to get more Bond Jeffords Reid ens to drive oil prices far higher. We flex fuel and alternative-fuel vehicles Boxer Johnson Roberts Burns Kennedy can not allow our economy to be con- on the road, and the urgency of pro- Salazar Byrd Kerry tinually held hostage by the whims of ducing cellulosic ethanol, the adminis- Sarbanes Cantwell Kohl Schumer OPEC. tration simply does not make the real Carper Landrieu This is not just about economic secu- Chambliss Lautenberg Shelby financial commitment. But this Clinton Leahy Smith rity. It is about national security. As amendment does. It provides $150 mil- Cochran Levin Specter former CIA Director James Woolsey lion for vehicle research programs, $350 Coleman Lieberman Stabenow testified before the Energy Committee, million for the clean cities program, Conrad Lincoln Stevens Dayton Lott Talent the hundreds of billions of dollars we $200 million for biomass research and Dodd Menendez Warner send abroad each year to feed our oil development and $250 million in pro- Domenici Mikulski Wyden addiction help to fund the very organi- duction incentives for cellulosic fuels. NOT VOTING—1 zations that preach hatred for Amer- There are also provisions in this Rockefeller ica. amendment to increase the reliability We should have taken serious action of our electricity grid, encourage the The amendment (No. 3617) was re- years ago. The American people can af- Federal Government to purchase alter- jected. ford to wait no longer. The Nelson- native fuel vehicles, help improve the Mr. INOUYE. Mr. President, I move Menendez amendment provides the im- efficiency of aircraft, and much more. to reconsider the vote. mediate funding we need to allow us to It is a large amendment because this is Mrs. MURRAY. I move to lay that take control of our destiny and create a large problem. Our economy, our en- motion on the table. a brighter, cleaner, and safer energy fu- vironment, and our national security The motion to lay on the table was ture for America. It provides $3 billion are all too important to be left to the agreed to. for a wide range of efficiency, security, best interests of OPEC and the giant The PRESIDING OFFICER. The Sen- and research and development pro- oil companies. Skyrocketing gas prices ator from New Jersey. grams—programs the President talks have been a wake-up call for everyone, Mr. MENENDEZ. Mr. President, I about in glowing terms but does not but even if we succeed in providing re- rise to discuss an amendment, filed by propose to actually fund. lief for American consumers, as my Senator NELSON of Florida and myself, His 2007 budget barely includes half amendment last week would have done, joined by Senators LIEBERMAN, LAU- of the authorized funding for renewable we can not afford to go back to sleep TENBERG, KERRY our distinguished mi- energy research, and provides less than on this issue. The American people ex- nority leader, that will provide serious 2 percent for the incentives needed to pect us to get serious about our energy resources, not just lipservice, to help encourage the installation and use of future, and they expect us to do it im- us kick the oil addiction habit and put renewable energy. Our amendment mediately. If we don’t act now, when this country on a long-term path to would add $50 million for renewable en- do we act? real energy security. At a time when ergy research and development in the So even though I fully recognize the American families are spending exorbi- Department of Energy, over $100 mil- rules of the Senate and understand the tant amounts to fill their cars and heat lion in renewable energy rebates for nature of the debate we are having their homes, when this Nation is using homes and small businesses, and $200 today, I do believe we are in an emer- ever increasing quantities of foreign million for the Department of Defense gent process as it relates to our energy oil, when our coastal communities are to do its part to meet the renewable independence, to our energy security, threatened by rising sea levels caused energy goals set out by the President to giving consumers an opportunity for by global warming, we need a new ap- and in the law. a break. proach. For the sake of our economy, The administration has tried for Therefore, I ask unanimous consent our security, and our environment, we years to portray efficiency as a vice, that any pending amendments be laid need to act now. something that is totally inconsistent aside to call up amendment No. 3721 For years, this administration has with the American way of life. Re- and that it be considered germane for promoted one course—more drilling. cently they have changed their tune, the purposes of rule XXII. Instead of making the necessary and but not their actions. The President’s The PRESIDING OFFICER. Is there timely investments needed to push this budget actually cut energy efficiency objection? country in the direction of a sustain- programs by 13 percent. That simply Mr. COCHRAN. Mr. President, I ob- able energy policy, the administration astounds me. Few things are more ef- ject. has beat one drum over and over fective for curbing our addiction to oil The PRESIDING OFFICER. Objec- again—drill, drill, drill. Drill in the than becoming more energy efficient. tion is heard. Arctic, drill in our wilderness, drill off A 2001 study by the National Academy Mr. BENNETT. Mr. President, I ask our beaches. This is not the way to of Sciences found that a $7 billion in- unanimous consent, the order for re- kick our oil habit. The President vestment in DOE energy efficiency pro- cess notwithstanding, I be allowed to claims to have seen the light, and now grams had returned $30 billion in bene- speak for up to 10 minutes as if in touts the virtues of efficiency and the fits. That’s better than 4 to 1. But the morning business. importance of biofuels and renewable President cut efficiency programs by The PRESIDING OFFICER. Is there energy, and we applaud him. But he over a hundred million dollars. The objection? Without objection, it is so proposes to fund the Department of En- weatherization program, which helps ordered. ergy’s Efficiency and Renewables pro- low-income families reduce fuel use THE ECONOMY grams at the same level they were at in and lower their energy bills, has been Mr. BENNETT. Mr. President, last 2001, and he refuses to endorse higher shown to provide well over $3 of benefit week we had numbers that came out mileage standards for automobiles, for each $1 spent. But the President with respect to the economy. We also which are the same now as they were proposed to slash that by nearly 30 per- had testimony from the chairman of years ago. cent. the Federal Reserve Board with respect Our energy situation has reached a Our amendment recognizes the tre- to the economy. And as recently as critical point, and it is truly an emer- mendous benefit we as a Nation receive yesterday we had some stunning num- gency. Secretary of Energy Bodman by becoming more efficient, and pro- bers that came out telling us what is even admitted on Sunday that we are vides an additional $300 million for en- happening in the economy. I would like facing a crisis. Gas prices are nearing ergy efficiency programs, and another to review those very quickly for the their record highs, rising 41 cents in $225 million for weatherization grants. Members of the Senate.

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.005 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3864 CONGRESSIONAL RECORD — SENATE May 2, 2006 This chart demonstrates that the Business activity continues to grow. MAKING EMERGENCY SUPPLE- economy remains strong. Last week’s This chart gets a little bit busy, but MENTAL APPROPRIATIONS FOR number said that economic growth in the line in the middle is the line be- THE FISCAL YEAR ENDING SEP- the first quarter was 4.8 percent. tween growth and shrinkage. And the TEMBER 30, 2006—Continued As you can see on the chart, that is two graphs, the red one is the growth AMENDMENT NO. 3626, AS MODIFIED the highest number since we had the in services, the blue one is growth in Mr. VITTER. Mr. President, I ask spike in 2003. manufacturing. Each one of these dark figures rep- unanimous consent to call up and pass resent a quarter and demonstrates that For those who say manufacturing is amendment 3626, as modified. This the economy has now grown ever since in trouble, look at the facts. amendment is noncontroversial but the end of the recession in 2001. We had Again, starting in 2003, manufac- very much needed and has been cleared weak growth for the first little while turing crossed the line and became by both the majority and minority side and then the economy has been grow- positive and has been positive ever and all leaders of the relevant commit- ing very strongly ever since. since. tees. Mr. COCHRAN. Reserving the right This a very strong and vibrant econ- Yesterday this appeared in the Asso- to object, No. 3626 is listed on one list omy, as Chairman Bernanke made ciated Press: clear in his testimony to the Joint of amendments I have as having been Economic Committee. Manufacturing cranked up. Builders boost- passed. People want to talk about jobs. Let ed construction spending to an all-time high, It is pending. It is a community dis- us look at the unemployment rate. and consumers opened their wallets wider, aster loan limits amendment. fresh signs that the economy has snapped If you will notice, the shaded areas in out of its end of the year slump. Mr. VITTER. Precisely. the chart represent the last three re- Mr. COCHRAN. Because of some cessions. In the recession of the 1980s, This was the message coming from question as to whether this is cleared unemployment got into double digits— the latest patch of economic reports re- on the Democratic side, I suggest the 10.8 percent is where it spiked. In the leased Monday. absence of a quorum. recession that occurred in the early A report from the Institute for Sup- The PRESIDING OFFICER. Without 1990s, unemployment got to 7.8 per- ply Management showed that factory objection, it is so ordered. cent—spiked at that point. In the re- activity expanded with gusto in April. The clerk will call the roll. cession we just had, unemployment The group’s manufacturing index rose The assistant legislative clerk pro- spiked at 6.3 percent, a relatively low to 57.3 in April; from 55.2 in March. The ceeded to call the roll. level, but it has been zinging ever showing was much better than the pre- Mr. COCHRAN. Mr. President, I ask since, and it is now at 4.7 percent. dicted reading of 55 that economists unanimous consent that the order for I have sections of my State—and I were expecting. the quorum call be rescinded. trust others have in theirs—where So business activity continues to The PRESIDING OFFICER. Without there are more jobs than there are peo- grow. objection, it is so ordered. ple, where people are looking for jobs. Mr. VITTER. Mr. President, I renew To tick off the facts of what has hap- The unemployment rate is going down my request that amendment No. 3626, pened since May of 2003 when the tax and demonstrating the strength of this as modified, by Senator LANDRIEU and cuts kicked in, real gross domestic economy as it generates new jobs. myself, be called up and passed by product growth has averaged 4 percent; Here is the flip side of that. This unanimous consent. over 31⁄2 million new payroll jobs have chart shows payroll jobs either lost or The PRESIDING OFFICER. Without been created; the unemployment rate created. objection, it is so ordered. has fallen to 4.7 percent; manufac- Here, each bar represents a month. The question is on agreeing to the turing has expanded for 35 consecutive Starting in 2003, instead of losing jobs, amendment. months; service industries expanded for we began to gain jobs each month. And The amendment (No. 3626), as modi- 36 consecutive months; business invest- there are over 5.1 million new payroll fied, was agreed to. jobs that have been created since the ment has increased for 10 consecutive Senate and the House passed the 2003 quarters, with growth averaging over 9 AMENDMENT NO. 3641, DIVISION IV Tax Relief Act. percent; inflation-adjusted after-tax in- Mr. COBURN. Mr. President, I ask More Americans are working today come has grown by almost 5 percent; unanimous consent that the pending than at any other time in our history. the Dow Jones Industrial Average is up amendment be set aside and amend- There are more jobs today than at any 27 percent; the NASDAQ is up 44 per- ment 3641, division IV, be called up. other time in our history. This is a cent; and, taxes paid on capital gains The PRESIDING OFFICER. Without consequence of the robust economy. was $80 billion dollars last year, com- objection, it is so ordered. The next chart shows the growth of pared to taxes paid on capital gains in Mr. COBURN. We are considering a business investment. You will notice 2002 which was $49 billion. very large supplemental spending bill that now stands about $10 billion larger there are no dates. These are quarters. We hear a lot of gloom and doom on than what the President has said he The red shows quarters in which busi- this floor. We hear a lot of people talk- will sign. I thought it would be inter- ness investment shrank and the blue ing about how bad things are. The facts esting to spend a minute to think shows quarters in which business in- do not support that. vestment grew. about what $1 billion is because we I ask as a test for people: What is the The economy is strong. The economy throw that number around so often. We date when the bars went from red to is going forward, and the economy is in need to consider that $1 billion is a dif- blue? We didn’t put them on the chart. a boom period and has been since the ficult number to comprehend. If you were to guess that it was the tax cuts took effect in May of 2003. A billion seconds ago, it was 1959. A first quarter of 2003, the time when the I yield the floor. billion minutes, ago Jesus was alive. A tax cuts took effect, after which the billion hours ago, some would say our tax cuts changed the pattern for busi- f ancestors were living in the stone age. ness investment, you would be correct. A billion days ago, no one walked on You can see the dramatic difference be- RECESS Earth on two feet. A billion dollars was tween the quarters that preceded the only 8 hours 20 minutes ago at the rate tax relief and the quarters that suc- The PRESIDING OFFICER. Under we are spending money in the Federal ceeded it. the previous order, the hour of 12:30 Government. I would be the first to concede that it having arrived, the Senate stands in re- A billion is a hard number to get is not a pure cause-and-effect relation- cess until 2:15 p.m. your arms around. It is an interesting ship. But I think the chart dem- Thereupon, the Senate, at 12:37 p.m., number and $10 billion more than what onstrates that you cannot discount the recessed until 2:15 p.m. and reassem- the President thinks we need. More fact that the tax cut had a significant bled when called to order by the Pre- than what we actually need is a tre- beneficial effect on the economy. siding Officer (Mr. VOINOVICH). mendous amount of money.

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.020 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3865 The second point I make in talking you get paid by someone else, we do Defense Contract Management Agency about this amendment is that the not have to pay you. letter, dated September 28, 2005. There money we are going to spend on this This amendment is not so much has also been the filing of Northrop emergency supplemental bill we will about being against helping Northrop Grumman Corporation against Factory not ever see anywhere when we come Grumman; it is about not helping their Mutual Insurance Company in the U.S. to talk about the deficit because it will insurance firm which actually owes District Court for the Central District not get included in the deficit reported this money, which will be adjudicated of California. by the Federal Government. What it in the future, and not limiting their re- There being no objection, the mate- will get included in is the payments sponsibility and not transferring that rial was ordered to be printed in the your children and grandchildren will responsibility from them to our chil- RECORD, as follows: have to pay back 30 years from now, dren and our grandchildren. DEFENSE CONTRACT amortized at 6 percent, and that $10 September 28, 2005—this is the Con- MANAGEMENT AGENCY, billion is going to come to about $50 tract Management Agency for the De- Los Angeles, CA, September 28, 2005. fense Department: Memorandum for all Sector Administrative billion when they pay it back. We are Contracting Officers (ACOs). reaching forward and stealing oppor- This office believes it would be inappro- Subject: Hurricane Guidance. tunity from our kids. priate to allow Northrop Grumman to bill Until all avenues for recovery from insur- This particular amendment deals for costs potentially recoverable by insur- ance carriers are exhausted by the con- with an item in the supplemental that ance because payment by the Government tractor it is recommended that Contracting is meant to help a very significant con- may otherwise relieve the carrier from their Officers not approve payments for costs asso- policy obligation. tractor in our defense industry. They ciated with or related to the hurricane dis- If the Government pays the costs, or aster(s) if such costs are potentially recover- do a lot of great things for this country agrees that the costs are even tentatively or able through insurance by the contractor. in terms of supplying jobs, giving us conditionally allowable, there is a risk that This office believes that it would be inap- great equipment, great ships, great insurers will deny coverage on the basis that propriate to allow Northrop Grumman to bill tools for our men and women to fight there has been no loss suffered by Northrop for costs potentially recoverable by insur- with and defend this country. I under- Grumman. ance because payment by the Government stand the damage that has occurred in In fact, that is exactly right. If we may otherwise relieve the carrier from their policy obligation. both Pascagoula and all the shipyards pay the loss, Northrop Grumman does If the Government pays the costs, or along the coast. We are making plans not have a loss, and therefore the legal agrees that the costs are even tentatively or to do what is right. In the supple- loss doctrine will apply to this con- conditionally allowable, there is a risk that mental, we put greater than $1.5 billion tract, so there will not be a lawsuit. insurers will deny coverage on the basis that toward that. This is in litigation. there has been no loss suffered by Northrop There is a significant amount of loss I also make the point that Northrop Grumman. It is my recommendation that in- that was incurred by Northrop Grum- Grumman, by their CEO’s own state- surance policy(s) be reviewed. Additionally it would be prudent to reach an agreement man as the hurricane came on shore ments this year, said that it continues with Northrop and the insurer before making and damaged both their facilities and to expect sales of $31 billion; earnings payments for any otherwise allowable costs. their equipment. They had significant per share between 4.25 and 4.40; and This matter is under continuing review operating losses from that. My problem cash from operations, free cashflow, be- and additional information will be forwarded with the amendment is they have in- tween $2.3 and $2.6 billion. If this is $100 as appropriate. surance with which to cover this loss. million or $200 million, they have all Please forward this correspondence to sub- ordinate sector ACOs. Questions should be No one knows exactly how much it is the capability in the world to borrow addressed to me. going to be. Northrop Grumman says that money, pay the interest, and col- DONALD P. SPRINGER, by their own public statements that lect the interest charges against the Defense Corporate Executive. $500 million was their business inter- insurance company. We are setting a Mr. COBURN. I also note that Nor- ruption cost insurance, so it could be terrible precedent by doing this. throp Grumman is the fourth largest upward of $500 million. It is probably The other thing we are going to do is defense contractor we have in the somewhere between $100 and $200 mil- send a message to every other defense country. I also note that Northrop is lion. contractor: Don’t get business inter- already the recipient of billions of dol- If we allow this amendment to go ruption insurance because we will come lars in Government contracts, includ- through, we set significant precedence in and pick up the tab. ing some contracts that otherwise that we will be hard pressed to ever I want them to be fully remunerated. could be considered largess. I will not break. I want the shipyards to be up and run- go into that. First of all, this is a private con- ning. I want every aspect we can de- I would make a final note that the tractor with insurance who is now ploy that will make things happen, House Appropriations Committee, suing their insurance company for the that will resecure the jobs, resecure when they passed their bill, put this claims they have made that will not be our production of ships. But I don’t into the Record: adjudicated until 2007. want to do that when Factory Mutual The Committee believes strongly that One of the messages we will send if Insurance Company really should be on funds in this Act and under this heading in we pass this supplemental with this in the hook for this, not our children and prior Acts should not be used to substitute it is we will tell the rest of the defense our grandchildren. for private insurance benefits. The Com- contractors: You do not have to have The other point I make is should mittee is aware that some shipyards have business interruption insurance. Why companies that contract as defense business interruption insurance coverage that could potentially overlap with the would you have to if the Federal Gov- suppliers and make billions each year Navy’s budget for increased delay and dis- ernment is going to come in and pick be put ahead of the others waiting in ruption costs. up the tab? line for help? Is it going to be our pol- I understand the Navy. We have an There is an answer that whatever is icy by this bill to further subsidize the obligation for delay and disruption collected will come back and be paid to business interruption insurance of all costs. There is no question about that. the Navy if, in fact, we intercede in the the rest of the contractors? On March 1, 2006, the Committee received midst of this contract dispute for Nor- Their own litigation filed in Cali- the Navy’s certification that there is no throp Grumman. I hear what the con- fornia says: overlap between shipyard insurance claims tracting office says, and it is a fairly There is no reason to allow Factory to and the Navy’s funding plan, and that costs important point because the con- avoid accountability for its wrongful ac- covered by private insurers were not in- tracting officers and the contracting tions. cluded in supplemental request estimates. office know the right of legal loss doc- I agree. And by keeping this in the Once again in this bill, the Committee di- trine. Most of our insurance, whether bill, we will allow Factory Mutual to rects the Navy not to obligate funds under this heading until the Secretary of the Navy it is homeowners, auto insurance, or avoid accountability for its obliga- certifies that no such funds will be used for business interruption insurance, runs tions. activities or costs that are subject to reim- on the doctrine of legal loss. Legal loss Mr. President, I ask unanimous con- bursement by any third party, including a in insurance contracting says that if sent to have printed in the RECORD the private insurer.

VerDate Aug 31 2005 03:07 May 03, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.026 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3866 CONGRESSIONAL RECORD — SENATE May 2, 2006 The final point I would make is the able workers on a reliable, predictable yard recapitalization delay is esti- President’s message to Congress on schedule that would ensure the ships’ mated to cost $300 to $600 million in in- why he would be against us funding future construction on time under the creased ship costs. this. He made some significant points, contract. This is serious business. You can pay and I will summarize them. One is they Some of those costs cannot get reim- me now or pay me later. I guess that is do not think this is necessary. No. 2, it bursed from the insurance company. the way to say it. But the whole point violates clear contracting guidelines. There are provisions in the insurance is, we can appropriate this money in And, No. 3, it sets a terrible precedent agreements that prohibit the collection this supplemental that the President for the future, not just on our coast but of benefits for some of those costs that requested. We have identified the part for any other defense contractor that were caused directly by the hurricane. that is going to be used to pay the might have a loss based on a natural So what we have attempted to do is costs of this amendment. catastrophe, that we would now have a to work with the Navy, consult with So in response to Hurricane Katrina precedent that we would supply that. the shipbuilder, and try to provide au- and the disaster that resulted to the The American people want to help thority in this supplemental bill to region, the President requested over solve the problems on the gulf coast. help control costs of ships, now and in $21⁄2 billion—$1 billion in this supple- We want to create a vigorous business the future, with a possibility of insur- mental and $1.7 billion in the last sup- environment. We want to create a vig- ance proceeds offsetting Government plemental—in the Shipbuilding and orous defense industry. This is a step costs. Or we can exclude this provision, Conversion Navy account to address too far. I believe we need to back up as the Senator is trying to do, and pay these ordinary costs to replace de- and let the private sector take care of the resulting higher costs through stroyed or damaged equipment, prepare its obligations, as it should, to help us higher taxes, more appropriations to and recover naval vessels under con- meet our obligations and then move help pay the costs to the Navy to pay tract, and, most relevant to this de- forward. for the ships. bate, provide for cost adjustments for With that, I yield the floor. To me, I think this amendment re- naval vessels for which funds have been The PRESIDING OFFICER. The Sen- flects a difference in understanding of previously appropriated. ator from Mississippi. what the language of the supplemental So what happened is the President’s Mr. COCHRAN. Mr. President, I am seeks to accomplish. We do not dis- request did not address or take into ac- sympathetic to the Senator’s concerns, agree with the motivation of the Sen- count all costs associated with that he expressed. As I understand the ator from Oklahoma. We applaud his Katrina. So a general provision was point he makes, it is that we should effort to review carefully and make added to adjust an existing Navy ship not create a situation where a ship- sure we are not ‘‘wasting’’ money in contract’s target costs for the effects builder can both get disaster funds this supplemental, that the taxpayer is of Hurricane Katrina. It ensures the in- from the Federal Government and in- benefiting, not a shipbuilder being un- dustry does not receive redundant surance benefits from hurricane cov- justly or inappropriately enriched. I funding from the Government and in- erage and, thereby, be unjustly en- guarantee you that is not the purpose surance companies. But—guess what— riched by getting money from two dif- of the assistance that is provided in the amendment offered by the Senator, ferent sources for one disaster. this section of the bill, this general my friend, deletes this provision. That The language of the general provi- provision of the bill. should not be done. sion, which the Senator purports to Here is what it seeks to do. And we The focus of this supplemental is to amend with this amendment, prevents think it does do this: The general pro- provide disaster relief and recovery for a shipbuilder from getting double pay- vision adjusts ship contract target hurricanes, including Katrina. Katrina ment, in effect. The Senator’s amend- costs for the effects of Hurricane caused the costs of ships that were al- ment strikes the provision and the lan- Katrina. It provides the U.S. Navy with ready under contract with the Navy to guage in the provision which guaran- reimbursement of future shipbuilder increase. Increased costs were occur- tees that. insurance receipts. And it makes clear ring because of the disaster. I think there is no disagreement be- that payments made by the Govern- The provision included in the bill tween us as to what the outcome ought ment to the shipbuilder could not be does not impose additional costs. In- to be. What we are trying to do is re- treated as collateral insurance cov- stead, it directs that all costs be paid duce costs to the U.S. Navy and, there- erage and could not be used as a reason from within the $2.7 billion ship- by, to the U.S. taxpayers for future for insurers not to honor their policy building account requested by the shipbuilding activity by reimbursing obligations. President to address the hurricane re- the shipbuilder for damages caused by That is the purpose of the general covery costs. the hurricane, purely and simply. provision. I challenge anybody to dis- In my view, the Senate needs to re- There is no effort to prevent the ship- agree with that purpose as laudable, as ject the amendment of the Senator. builder from recovering what it is enti- important, and as fair to the tax- Let’s carry forward in this bill this tled to recover from the insurance payers, to the shipbuilder, and to the general provision. companies that had coverage in this insurance companies that have cov- The PRESIDING OFFICER. The Sen- situation. erage. ator from Mississippi. But the fact is, you could not get in- This provision was included because Mr. LOTT. Mr. President, let me ad- surance coverage for all of the damages it is clear that the impact for delaying dress a question to the distinguished done by the hurricane, only some. The the recapitalization of the shipyards chairman of the committee because I policy defines the obligation. The con- will have long-term negative impacts thought his remarks were very well tract, in effect, between the shipbuilder to the Navy’s shipbuilding program by done and answered a number of ques- and the insurance company defines making ships more expensive and tak- tions that have been put out in the dis- what benefits the shipbuilders are enti- ing longer to build. cussion of this language in the media. tled to receive. And these contracts are We can provide this authority now to But I think it is important to clarify a being honored, some maybe not as gen- help control the costs of ships, and few of those points. erously as the shipbuilder would like. with the possibility of insurance pro- The first point you are making is But that is something to be reserved ceeds offsetting Government costs, or that this is not an additional or added between the shipbuilder and the insur- we can exclude this provision and pay expenditure. This will come out of the ance carrier. And if litigation develops for the resulting higher costs of ships. $2.7 billion that has already been re- and is resorted to as a way to resolve And note this. The estimated cost of quested to go into this shipbuilding re- that, so be it; that happens. this provision is $140 million, to be paid covery effort; is that correct? But what we are seeking to do is to from within the $2.7 billion the Presi- Mr. COCHRAN. Mr. President, if the acknowledge that the shipbuilder was dent requested in the shipbuilding ac- Senator will yield, he is absolutely cor- impeded by the hurricane from pro- count. Hear that? The President re- rect. There is, in this general provi- ceeding under contracts that it had quested $2.7 billion in his submission in sion, a reference to the $2.7 billion that with the Navy to hire and make avail- this request. And a 3- to 6-month ship- is contained in the President’s request

VerDate Aug 31 2005 03:07 May 03, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.029 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3867 submitted to the Congress, a request of charts, but so you will get some idea to get a good settlement and they will that we appropriate that amount. He is of the destruction, here is a picture of be able to go forward with business. right. We are not creating new funding the shipyard right after the hurricane. But this shipyard had a billion dol- in this provision but trying to spell out This whole shipyard had a direct hit. It lars of damage. This matter is about what that funding should be used for. is right on the mouth of the river. It national security. It is about the Navy. Mr. LOTT. Well, Mr. President, I got hammered. Five hundred men and It is about the world’s best ships. It is thank the chairman for that clarifica- women put their lives at risk that about men and women who have busted tion and for making that point. I might night trying to keep ships that were it to get that shipyard back on line. also ask this question: The Senator moored there from sinking. This is The same thing has happened in Lou- was a very capable young lawyer in our what we were dealt. Everything in that isiana, where a lot of work is done on State years ago, president of the young shipyard was under water. And by the the LPDs and where they went back to lawyer’s section, and I think he under- way, just so you will get some idea, work before they had a bed to sleep in. stands this sort of issue. Are you satis- there in the background of this picture, So this provision is the right thing to fied that this language is such that those cranes are actually on the water. do for Gulf Coast recovery and to help when and if there is an insurance re- This photo was actually taken a dis- the Navy maintain the cost and sched- covery, those funds will come back to tance inland, and you see the kind of ules for its ships. the Federal Government? destruction that was brought on us. Let me give you a couple of examples Mr. COCHRAN. The Senator is cor- One of the things we did in the after- of quotes after the hurricane. After the rect. It will not result in a double pay- math of the hurricane was to say: OK, hurricane, Assistant Secretary of the ment, in effect, to the shipbuilder, of let’s rescue people. Let’s get them the Navy John Young recognized the sig- course. And any insurance proceeds basics. Then we sat down and said: nificant impact of that storm on Navy that offset the Government’s costs are What is the order of what we ought to shipyard building and national defense. excluded specifically from this provi- do? No. 1, we need to get our people In a letter to Navy and Defense Depart- sion. back to work first. Because if we can ment leadership, Secretary Young Mr. LOTT. One final point that the get them back in their jobs, even if wrote that: Senator made that I think is a very im- they don’t have a home or a truck, that The Navy [should] take an aggressive and portant one. If we do not allow this will begin the return to normalcy. proactive approach in helping restore ship- provision to remain in this legislation, They will have income. Then let’s get yards and returning workers to shipbuilding the net cost is going to be twice as our schools open. Then let’s remove the tasks. Importantly, this approach has the short-term benefit of contributing in a sig- much or more. debris. So we had an order. We have I believe the questions that have nificant way to the restoration of jobs and not done this haphazardly. the economy in the Gulf Coast. been posed have been answered cor- This provision was not stuck in the Yard restoration delays, loss of the skilled rectly and appropriately by the chair- bill as an afterthought. It was carefully workforce, and ship delivery delays will man of the committee. This provision done. It was done after looking to see translate directly into creation in future does not require additional funds. Pay- what the actual impact was going to years of significant new prior year comple- ments will come out of funds that have be. tion bills on Navy shipbuilding programs. already been earmarked for ship- Several shipyards in my area—three That was very thoughtful. He was building recovery. It is not going be a of them, as a matter of fact—owned by looking at it realistically in the imme- process where the shipbuilder will be VT Halter had ‘‘only’’ 20 or 30 feet of diate aftermath of this terrible storm. relieved of trying to recover from the water. But this shipyard was com- He recommended an action that was insurance company and, if they re- pletely shut down. They made a valiant appropriate. cover, they get to keep it. It is impor- effort to feed people, get people back to Some people say it wasn’t in the tant to emphasize those points. work. Now the shipyard is back up to President’s budget. Presidents’ budgets Let me confess to my colleagues, this probably 11,000 people working there. don’t come down from heaven. They is personal with me. I admit it. This is Talk about getting insurance. Let me sometimes don’t include everything my hometown. I grew up in the shadow put the shipyard in my place. My wife that should be included or maybe it of this shipyard where 13,000 men and and I lost our home. It is totally gone. will include something that should not women make their livelihood, the big- I had flood insurance. I also had a be included. We are a coequal branch of gest single employer in the States of household policy. My insurance com- government. We do have a say in these Mississippi and Louisiana and at one pany said: You had no wind damage. issues. Sometimes we can help. When it point of Alabamians, a critical compo- We will pay you nothing. After that came to getting Medicaid for the nent of our national security. They house sat there for 4 to 6 hours being States affected, we had to take the build some of the most sophisticated hammered by winds of 140 miles an lead. When it came to getting tax in- ships in the world—destroyers, cruis- hour with gusts at 160 and 170, they centives for businesses and industry to ers, LHAs, LHDs, LHARs. And that came back and said: No, you didn’t create new jobs, we took the lead. shipyard got hammered by hurricane have any wind damage. It is not cred- When it came to finding a solution for Katrina. My dad was a pipefitter in ible. So what am I going to do? I guess the people who had a home that was that shipyard and was in the pipe de- I could hock everything and rebuild on not in a flood plain—after the hurri- partment when he was killed in an that site before I get any insurance, cane all they had left was a slab, no in- automobile accident. I don’t just see but the ‘‘no payment’’ or the ‘‘slow surance, no way to rebuild, and nobody statistics and numbers; I see neighbors, payment’’ of insurance companies is re- had a solution—Senator COCHRAN came classmates, men and women who be- tarding the entire gulf coast. They are up with a solution and the administra- lieve in what they do and build quality like me; I can’t rebuild until I get some tion signed it. They didn’t do it; we did product. They have been hit a grievous insurance proceeds. it in the Congress. We are from there. blow. They have the problem of how much We are of this situation. We understand I understand the effort of the Senator can they put into this situation with- the problems. from Oklahoma. On many similar occa- out getting the plant back up to oper- We are trying to be reasonable. We sions, if I didn’t know all the facts or if ation. They have spent $550 million to told our colleagues months ago about I weren’t as intimately involved, clean up this shipyard, repair the fa- what we would need to recover. We maybe I would be doing something cilities, repair the ships, and cover the have not exceeded that estimate. We similar to what he is. I understand. But cost of business interruption not are way under that estimate. In some I don’t think he has all the facts. caused by them. They have done their categories we are not even going back Maybe the clarification that my col- part. In fact, of that $550 million, less and saying we need more, even though league from Mississippi made will help than one-third, about $175 million, has we were somewhat shortchanged. We him. been recouped so far from the ship- are trying hard to help the people who The magnitude of what we were hit yard’s insurance companies. They are have been dealt a grievous blow. If we with is the most devastating thing we going to continue to pursue these in- don’t do this, the people in that ship- have ever seen. I won’t bring out a lot surance claims. I hope they are going yard will be hurt, the Navy will be

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When ance, which is in litigation, to borrow ing that took place in a large metro- I met with shipyard officials imme- that money or take it out of earnings politan area, not just Orleans Parish, diately after the hurricane, I went out from cashflow from operations right but Plaquemines Parish and St. Ber- there, and they were feeding the people now and then collect the interest on it? nard Parish, the heart of America’s en- on a ship that was moored. There was Instead, we are going to send it on ergy coast and the heart of the eco- no electricity. I said: What about in- down the pike 30 years to be paid back, nomic region about which we are surance? They said: We are fortunate. and $125 or $200 million will become speaking. We had insurance. We even had a $800 million or $1 billion after 30 years. Inside this region that has been dev- clause in there so we feel we are going I would also read into the record part astated there are over 16,000 people em- to get a good recovery. (a), section 2303, ‘‘Amounts appro- ployed in shipbuilding. We are proud of Well, it hasn’t happened. So we can priated or otherwise made available by those shipyards at Ingalls, Gulfport, deal with this realistically and in a this Act.’’ Going on down, ‘‘under the and Avondale. Fortunately, the sensible and thoughtful way, the way heading ‘Shipbuilding and Conversion, Avondale shipyard, which is in New Or- Senator COCHRAN has outlined, and I Navy’ may be obligated and expended leans, did not sustain tremendous think we will get through it. We will to pay the costs of any business disrup- flooding because it was on the west keep the jobs, build the ships, help the tion incurred by a ship construction bank of the city and, of course, the Navy, help the workers. And we won’t contractor with respect to facilities or east bank is the part that flooded. We lose money in the end. The disruption businesses located in the Hurricane are very fortunate in that regard. cost, if we don’t do this, will be much Katrina Disaster area by reason of Hur- There was still a tremendous amount greater than by going ahead and doing ricane Katrina.’’ of damage at Avondale. this right now. We do get all four of them, all four As my friends from Mississippi said, I beg my colleagues, bear with us. I segments intentionally, because if we their shipyard was just hammered. We know you are beginning to say: How don’t, then we pay. The insurance in- are so grateful that Avondale stood up much is enough? I don’t know in every dustry won’t pay. Anything that isn’t because we have been able to help keep instance, because we are still dealing settled at the time this goes through the ships on schedule and get our peo- with the magnitude of this disaster. will not be paid for by the insurance in- ple employed. But we are going to try to be honest dustry. So if you want to go out and The Senator who is objecting, Mr. with you. We are going to try to be make some money today, go buy Fac- COBURN, has been so helpful in other thoughtful. I believe this language is tory Mutual insurance. Because if this ways. I know he wants to make sure we crafted well. I am proud to be a part of goes through and is a part of it, they are not double-dipping. He keeps refer- the effort to defend the language that made $150 million today with this thing ring to the first paragraph of this is in this legislation. going through. They are not going to amendment, but if you read the second I yield the floor. pay, and they are going to be upheld in paragraph of the chairman’s mark, it is The PRESIDING OFFICER. The Sen- a court of law. clear. It says: This may not be treated ator from Oklahoma. This is an established doctrine of as collateral insurance coverage, so Mr. COBURN. Mr. President, I want law. And if it is already paid for by the they cannot collect twice. to raise a few points. First, I have U.S. taxpayers’ grandchildren, then It is not the chairman’s intention or great respect for the Senators from Factory Mutual is not going to have to my intention or Senator LOTT’s inten- Mississippi and Louisiana. If they will pay for it. tion for the company to collect twice. note, my votes have reflected that, I understand the intent. I believe the But advancing these payments to them when we have sent money for both. The Senators from Mississippi are doing in the way this has been drafted will President did request $2.5 billion, $2.7 what they think is right. I think this is help them get these yards back up and billion for this. But he also requested just a step too far that doesn’t have to running, to get their construction that we not do this specific thing, that be done to truly get going. There are done, and to get people hired again. It we not do this. The Senator from Mis- 11,062 employees in Mississippi right is very difficult. sissippi makes a point they have al- now working for Northrop Grumman. We keep saying—and I know people ready collected $125 million—actually They have employees in 38 States. are tired of hearing this—this was not they told us $125 million, maybe it is They are a great company and a vital a regular hurricane. It has destroyed so more—from insurance. They did have a contractor. But I would make the case much that not only do employers, large big loss. that the cost of ships has gone up be- and small, have to get their businesses We had a hurricane down there and cause we had the hurricane. And it is back going, they have to go out and lit- everybody will agree, because of the noble to try to limit that increase. erally find their customers. Then they hurricane, the ships are going to cost This won’t limit the increase; this will have to provide housing for their work- more, no matter what we do. They are just increase the cost to our grand- ers. Then they have to get electricity going to cost more because they were children. turned on for their workers, then they delayed. We know that in defense con- I yield the floor. have to get running water turned on tracting. Is it in Northrop Grumman’s The PRESIDING OFFICER. The Sen- for their workers. It is more than our interest to recapitalize this shipyard? ator from Louisiana. employers can bear, even the big ones Yes. There is no question about it. Do Ms. LANDRIEU. Mr. President, I rise such as Northrop Grumman. they have a positive cashflow of $2.6 to support the chairman’s mark on this We are not asking for a taxpayer billion this year? Yes. The reason we very important issue relative to the re- bailout. We are not asking for double- should not do this is because there will building of the gulf coast. Chairman dipping. The Navy knows what we are be no money coming from the insur- COCHRAN has taken great responsibility doing, and they are supportive. The De- ance industry. Under the legal loss doc- to shape a supplemental bill that asks partment of Defense is supportive. trine, we will obviate all those policies. for what is absolutely crucial to the de- I came to the floor to ask my col- So by doing this, it is true, any money velopment of the gulf coast. I know leagues to please support the chair- that comes comes back to the Navy. I that a few of our colleagues may take man’s marks on this to help our ship- agree, that is in here. But the fact is, issue with one or more things that are building. We are not asking for double- there will be no money coming back in this bill. But overall, it is a genuine dipping. When the insurance moneys because they will have and utilize in attempt to try to give direct and tar- come in, which I am sure they are enti- their insurance contracts the legal loss geted help to the standing up of this tled to do, this language allows the doctrine. That doctrine will obviate very important area of the United taxpayers to be repaid. So we get the any obligation, any liability these in- States that has been hit, as we said, benefit of getting our shipyards up and surance companies have to do it. So not by one hurricane but two hurri- running, getting potentially 17,000-plus

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.032 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3869 people between Avondale and Ingalls CHANGE OF VOTE United States invaded the country in back at work as quickly as we can. Mr. BUNNING. On rollcall vote No. March, and none have been found since. Even with this, it is going to be very 105, I voted ‘‘nay.’’ It was my intention That was over 3 years ago. difficult. Without it, it will be almost to vote ‘‘yea.’’ Therefore, I ask unani- Secretary Rumsfeld also said that impossible. mous consent I be permitted to change the Iraqis would welcome U.S. troops So I ask my colleagues to please re- my vote since it will not change the and that the Iraqi resistance would be ject the Coburn amendment. I know outcome. limited. Obviously way off. Not only the Senator means well, and he has The PRESIDING OFFICER. Without did Secretary Rumsfeld fail to build been extremely helpful and sincere in objection, it is so ordered. coalitions with our allies, he flip- many ways as he has attempted to help (The foregoing tally has been pantly, arrogantly dismissed them as us, and we don’t want to waste any changed to reflect the above order.) ‘‘old Europe,’’ alienating these allies money. But this language makes it The PRESIDING OFFICER. The Sen- when he should have been reaching out clear, not just paragraph A that has ator from New Jersey. to them. The result of a failure to build been read, but by paragraph B, that it Mr. LAUTENBERG. Mr. President, I a real coalition is that our troops are is not double-dipping. will take this opportunity to review for bearing the risks and suffering the cas- I yield the floor. a moment that this is an anniversary ualties. The PRESIDING OFFICER (Mr. date of some significance which I be- There were other serious miscalcula- COLEMAN). Is there further debate? lieve ought to be recognized. It is 3 tions. Secretary Rumsfeld said the war Mr. COBURN. I ask for the yeas and years ago this week that President would be short. On February 7, 2003, he nays. Bush stood on the deck of the USS Lin- said: The PRESIDING OFFICER. Is there a coln in front of a banner that declared The war could last 6 days, 6 weeks, I doubt sufficient second? that our mission in Iraq had been ac- 6 months. There appears to be a sufficient sec- complished. He told our troops and all Secretary Rumsfeld also rejected ond. Americans that major combat oper- calls for a larger number of troops. He The question is on agreeing to divi- ations in Iraq have ended 3 years ago even pushed out GEN Eric Shinseki, sion IV of amendment No. 3641. The this week. At the time, we had lost 139 the Army Chief of Staff, when General clerk will call the roll. people, 139 troops in Iraq. Today, we Shinseki, a distinguished leader, a The assistant legislative clerk pro- have lost more than 2,400 American military leader, suggested that postwar ceeded to call the roll. troops there, and 2,258 have died since Iraq would require many more forces Mr. DURBIN. I announce that the ‘‘Mission Accomplished’’ was pro- than the 100,000 troops we had on the Senator from West Virginia (Mr. nounced. In other words, 95 percent of ground. As I remember, he said over ROCKEFELLER) is necessarily absent. the United States fatalities in Iraq oc- 300,000. The PRESIDING OFFICER. Are there curred after President Bush said major Secretary Rumsfeld was also way off any other Senators in the Chamber de- combat was over, and tens of thousands on the cost of the war. He said it would siring to vote? of young Americans have suffered inju- cost at least $10 billion but no more The result was announced—yeas 48, ries, including severe head injuries and than $100 billion. We now see the actual nays 51, as follows: lost limbs, that will change their lives costs coming close to $500 billion. [Rollcall Vote No. 105 Leg.] and the lives of their families forever. Despite all of the funds devoted to YEAS—48 One need only visit Walter Reed Hos- the war, Secretary Rumsfeld has failed pital and see what the ravages of war to equip our troops properly. After Alexander DeMint Kyl Bayh DeWine Levin have done to so many. The only thing more than 3 years, thousands of Army Biden Dodd Lieberman that was accomplished that day was a and Marine Corps personnel still do not Bingaman Dorgan Lugar photo opportunity for the President’s have adequate body armor or sufficient Boxer Durbin McCain reelection campaign. When we look Bunning Ensign McConnell armor for their humvees. When I was Burns Enzi Nelson (NE) back at that publicity stunt on that there over 3 years ago, I heard the plea Burr Feingold Obama aircraft carrier, we realize how wrong then from soldiers from New Jersey: Byrd Frist Reed the President was. But that was hardly Give us the flak vest, Senator, that Cantwell Graham Santorum Carper Grassley Stabenow the only major conduct error in the you are wearing, the latest technology. Chafee Gregg Sununu judgment of this war. They will protect us. Please let us have Coburn Hagel Thomas Recently, a number of retired gen- that. Conrad Hatch Thune erals have come forward to say what Craig Inhofe Voinovich We know what happened with the Crapo Kohl Wyden many in the military have been think- humvees and the resulting serious inju- ing for years. These officers know that ries because of inadequate armor for NAYS—51 our men and women in uniform have the humvees. Akaka Harkin Murray been let down by the miscalculations In December 2004, in a meeting with Allard Hutchison Nelson (FL) Allen Inouye Pryor and the incompetence of the Bush ad- U.S. troops in Kuwait, some soldiers Baucus Isakson Reid ministration. The troops on the battle- raised these concerns with Secretary Bennett Jeffords Roberts field pay with their lives, but nobody Rumsfeld. His response was offensive; Bond Johnson Salazar Brownback Kennedy Sarbanes in the administration has been held ac- humiliating for our troops who are Chambliss Kerry Schumer countable. serving there. He said, ‘‘As you know, Clinton Landrieu Sessions The generals say we can’t move for- you go to war with the Army you have, Cochran Lautenberg Shelby ward without accountability. They say not the Army you might want or wish Coleman Leahy Smith Collins Lincoln Snowe that the Secretary of Defense must go. to have at a later time.’’ Cornyn Lott Specter The generals are right. Secretary I don’t know what was meant by that Dayton Martinez Stevens Rumsfeld has made too many mistakes statement but it certainly is a slur in Dole Menendez Talent many ways. Domenici Mikulski Vitter to stay in that job. As the old expres- Feinstein Murkowski Warner sion says, when you are in a hole, stop I must say that what I find incred- digging. ibly offensive is this administration NOT VOTING—1 Let’s recount the miscalculations of still will not allow photographs of flag- Rockefeller the Secretary of Defense. Before the draped coffins when they return to our Division IV of amendment No. 3641 war, he said, ‘‘We know where the shore and come into Dover, DE, which was rejected. weapons of mass destruction are. They is the repository for the remains. It is Mr. COCHRAN. Mr. President, I move are in the area around Tikrit and such an honor to recognize the sac- to reconsider the vote. Bagdhad, and east, west, south and rifice made by having a flag draped Mrs. MURRAY. I move to lay that north, somewhat.’’ over the coffin. Yet that honor of our motion on the table. But now we know there was no solid fallen troops is shielded from the The motion to lay on the table was evidence before the war that Iraq had American people by the order of the agreed to. any WMDs. None were found when the President of the United States.

VerDate Aug 31 2005 03:07 May 03, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.033 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3870 CONGRESSIONAL RECORD — SENATE May 2, 2006 It doesn’t make sense to me, and I Our country has been blessed over be a stalemate after about a month or know it doesn’t make sense to those our history. There have been men and 2 of our initial conflict there, and the families. women who believe enough in our sys- naysayers were saying we had not sent It isn’t just civilians upset by these tem, who believe enough in the system enough troops. All of a sudden, a tre- events. We have now heard eight re- of democracy that we are so fortunate mendous breakthrough in modern war- tired generals call for Secretary Rums- and blessed to have, who are willing to fare took place as we saw our special feld’s resignation, citing gross mis- give their lives so this system may en- forces operating on the backs of horses management and profound errors in dure, so this system may continue, so with laptop computers directing fire, judgment. that our country can continue to be and a whole new era of warfare evolved. Retired Army MG Paul Eaton, in free. But we liberated the people of Afghani- charge of training the Iraqi military I believe, as we look at a difficult sit- stan, who since then have had elec- from 2003 to 2004, recently wrote in the uation in Iraq, the last thing we need is tions, where women and children of all New York Times that Rumsfeld ‘‘has a policy of defeatism, is a policy that sexes can now go to school, where shown himself incompetent strategi- looks to ways in which we can criticize women can now walk the streets with- cally, operationally and tactically . . . and critique without offering an alter- out fear, where children can go to Mr. Rumsfeld must step down.’’ native path and without offering an al- school, whether they be little boys or Retired Marine GEN Anthony Zinni, ternative solution. little girls. They have had that unique an outstanding leader, former head of The fact is there was a worldwide opportunity in the world which we the U.S. Central Command, which in- failure of intelligence in the days lead- take for granted in our country. cludes the Middle East, last month ing up to the war in Iraq, but the fact But for those of us who were born in called for Mr. Rumsfeld to resign. also is that we are there today and that other places, we understand the Other military leaders who have thousands of Americans—the best and called for Secretary Rumsfeld to go in- uniqueness of voting and have had the the brightest, those we are the proud- right and opportunity to elect leaders. clude retired Marine LTG Gregory est of—are there serving this Nation Newbold; retired Army MG John Riggs; More recently, 11 million Iraqis voted with distinction, with valor, and I in the third election in 1 year, followed retired Marine GEN Paul Van Riper; daresay with great success. Our hope retired Army MG John Batiste; retired by the formation after some poli- for them must be that they complete Army MG Charles Swannack, former ticking and some good, old-fashioned their mission and come home; that Commander of the 82nd Airborne in Democratic horse trading, have formed they can come home with their heads Iraq; and retired U.S. Army GEN Wes- a government. held high for a job well done. The moment today ought to be to ley Clark. I also believe that the civilian con- In addition, we are now seeing people highlight the hope of a new Iraq, the cept of leadership of our military is of lower ranks who are upset with the hope of a democracy in the Middle well ingrained in our system. I had the way that campaign has gone and are East, which is so unique to that region high and distinct honor and privilege of expressing their dissatisfaction. of the world, the fact that a new gov- serving in the Cabinet of this President We see also a phenomenon we haven’t ernment has been formed—not to try with Secretary Rumsfeld. Secretary seen before; that is, people filling out to recount all of the potential for dif- Rumsfeld is a man of great distinction. their obligatory term at the Academy ferent moves at any given point. and a third of whom do not stay on. He is also someone who has tackled the very difficult job of transforming our All warfare is riddled with difficul- They finish their obligatory terms of 5 ties and second-guessing. But here we years and they are gone. It is a serious Armed Forces. He has taken on the very difficult job of moving forward have a moment of hope and oppor- problem in many ways. Morally, I tunity. Defeatism is not a policy. It is think it is a serious problem, but also into a post-cold war sort of world with an Armed Forces that is very different only a prescription for failure. functionally we don’t have the per- I am hopeful that as we go forward, sonnel supporting the war in the way than the one we have had. Any time a large bureaucracy undergoes change, we recognize the successes of the Iraqi we had hoped. Whole branches of serv- people and the difficult task of forming ices over there are as courageous as there is difficulty with that change. And sometimes there are different a democracy; that we relish in the ac- can be. It is very dangerous territory, complishments; that we understand it and they serve bravely. We owe them a opinions about how that change takes place. And there is no doubt that there is an incomplete project in democracy debt of gratitude. but one moving in the right direction. The fact is the Bush administration are people who have had different ideas I, for one, thank all of those who are has made serious mistakes in pros- about how to approach, whether it is a serving in these difficult circumstances ecuting the war in Iraq, and our sol- war effort, whether it is a reorganiza- over there and their families for the diers have paid the price. Our troops tion of our Armed Forces from those of sacrifices they are making so that we deserve better. Secretary Rumsfeld, but to those who On the third anniversary of President have had those kind of difficult ideas I might be successful, so that we might Bush’s ‘‘Mission Accomplished’’ fiasco, would say that we elect only one Presi- find a way forward that is better than I hope that the President finds the dent at a time, and that President has defeat and is better than negativism strength to make real changes. And only one Secretary of Defense at a and that is better than second-guess- those changes need to start at the top. time. That is why we have a chain of ing. I urge the President to be more spe- command because someone has to lead AMENDMENT NO. 3727 cific about what our assignment is. He and someone has to make decisions. Mr. LOTT. Mr. President, I call up has already said it will be up to an- I believe our country, at a time when amendment No. 3727. other President to take care of what we were unfairly and unwantonly at- The PRESIDING OFFICER. Is there continues there. Unfortunately, we tacked by terrorists, has been fortu- objection to setting aside the pending have to believe that. nate to have a President at hand who amendment? Without objection, it is so I yield the floor. has had the good fortune to have dedi- ordered. The PRESIDING OFFICER. The Sen- cated people such as Secretary Rums- The clerk will report. ator from Florida. feld at the helm to serve at his side. The legislative clerk read as follows: Mr. MARTINEZ. Mr. President, I ask This is a President who did not seek unanimous consent to speak as if in a war with terrorists but who had a The Senator from Mississippi [Mr. LOTT], morning business for 5 to 10 minutes. war brought to us in the streets of New for himself and Mr. DODD, proposes an amendment numbered 3727. The PRESIDING OFFICER. Without York, with over 3,000 American casual- objection, it is so ordered. ties on a given day. And the fact is that Mr. LOTT. Mr. President, I ask unan- WAR IN IRAQ this President was also confronted with imous consent that reading of the Mr. MARTINEZ. Mr. President, war the need to act on this global war on amendment be dispensed with. is difficult. War is not pretty. Some- terror. The PRESIDING OFFICER. Without times war, unfortunately, leads to I can remember when in the moun- objection, it is so ordered. death and injury. tains of Afghanistan there seemed to The amendment is as follows:

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.037 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3871 (Purpose: To provide funding for the Election city of New York to allow for the elec- In New York City, officials were in Assistance Commission to make discre- tion process to go forward. the process of holding primary elec- tionary payments to States affected by There are other precedents, indeed, tions on September 11 when they were Hurricane Katrina and other hurricanes which fall under the emergency cat- interrupted by the terrorist attack. during the 2005 season) egory. Elections were rescheduled two weeks On page 203, strike line 8 and insert the fol- Elections are a number of weeks lowing: later, and FEMA reimbursed the state away, and certainly providing assist- roughly $8 million for the costs in- INDEPENDENT AGENCIES ance for the most basic of all of our volved in cancelling and rescheduling ELECTION ASSISTANCE COMMISSION functioning as citizens, to make sure the primary election. ELECTION ASSISTANCE that every person in these Gulf State The Katrina impacted States are not For purposes of making discretionary pay- areas is able to cast a vote and have asking for anything that has not been ments to States affected by Hurricane their vote count is something we all provided by FEMA before for the con- Katrina and other hurricanes during the 2005 embrace. season to restore and replace supplies, mate- duct of elections following a natural We appreciate the managers of this disaster. rials, records, equipment, and technology amendment allowing this kind of addi- used in the administration of Federal elec- And yet, when these States have re- tions and to ensure the full participation of tional appropriation on this bill. quested assistance to conduct elec- individuals displaced by such hurricanes, Over 8 months ago, the lives of many tions—including federal elections—fol- $30,000,000: Provided, That any such funds Americans living in the Gulf Coast re- lowing what has been described as the shall be used in a manner that is consistent gion of the United States were subject most devastating hurricane season to with title III of the Help America Vote Act to the devastating natural disasters of ever hit the region, FEMA has balked. of 2002: Provided further, That the amount Hurricanes Katrina and Rita. The federal Election Assistance Com- provided under this heading is designated as Today, those impacted by the hurri- mission, established in 2002 under the an emergency requirement pursuant to sec- canes face many of the same problems Help America Vote Act, has attempted tion 402 of H. Con. Res. 95 (109th Congress), faced immediately after the storms— to work with impacted states in order the concurrent resolution on the budget for no homes, no jobs, no community in- fiscal year 2006. to help identify both the requirements frastructure, and no guarantee that for ensuring accurate and accessible Mr. LOTT. Mr. President, I under- their lives will return to normal any federal elections and potential sources stand that this amendment has been time soon. cleared on both sides. I am pleased to And in this election year, many of of assistance for these communities. To date, FEMA has come up largely join Senator DODD, who is a cosponsor these same individuals now also face emptyhanded. So far, FEMA has been of this amendment. the potential that their communities willing to only reimburse states for the Speaking of elections in Iraq, we also will be unable to guarantee that they uninsured loss of certain polling equip- hope to have effective and fair and will be able to cast a vote and have ment, machines, supplies and storage open elections in America. that vote counted in the mid-term fed- facilities. In the case of Louisiana, that In the Katrina area, we had signifi- eral elections. This is simply unaccept- has amounted to just over $1 million. cant damage to polling places and to able in America. But Louisiana officials estimate that voting machines. We lost all of them in There are still areas of the Gulf the state will face costs of up to $18 many areas—in New Orleans, South Coast that are without basic services, million this year to hold elections— Louisiana, and Mississippi. such as electricity, and many areas well in excess of what FEMA has been This amendment would provide $30 that are still mucking out homes and willing to certify to date. Similarly, million, through the Federal Elections demolishing buildings. Commission, for replacement of those The hope and desire to rebuild their Mississippi officials anticipate un-re- losses. communities and restore some sense of imbursed expenses for holding elec- I have checked on both sides of the normalcy is alive and well in the Gulf tions to total $7.8 million while Ala- aisle. I find no objection. I know that Coast. But these communities need bama faces nearly $3 million in un-re- our managers have cleared it. help. And that is clearly the case when imbursed costs. I, therefore, urge my colleagues to it comes to federal elections. And there is little reason to expect accept it. The amendment is certainly In Louisiana, four of the most heav- FEMA to offer more assistance. In a very worthwhile. It is needed, and it is ily impacted parishes—not counting letter addressed to Paul DeGregorio, needed right away in order to prepare New Orleans—must recreate a total of Chairman of the Election Assistance for elections this fall. 60 polling places. The hurricanes sim- Commission, dated March 9 of this I yield the floor so my colleague, ply swept them away or destroyed year, FEMA advises the EAC that—and Senator DODD, can further elucidate. them beyond use. I quote from the letter: Mr. DODD. Mr. President, I thank my These parishes lack basic services FEMA does not have the authority to pay colleague, and I thank the chairman such as electricity, generators, rest- for operating costs related to the conduct of and ranking member for their accept- rooms, or lights which are necessary to elections. ance of this amendment. hold an election. Well if FEMA does not, then who I point out to my colleagues that I But FEMA is taking the position does? was looking over some of the data in- that the conduct of elections—even fed- I would suggest to my colleagues volving the need for this appropriation. eral elections—does not meet the test that the Election Assistance Commis- In Louisiana, four of the most heav- for assistance under the Stafford Act. sion not only has the expertise to accu- ily impacted parishes, not counting That is a curious position for FEMA rately access the requirements and New Orleans, a total of 60 polling to take since that agency did provide costs of holding federal elections, but places the hurricane simply swept election assistance to both New York they are in a better position to do so. away. These parishes lack basic serv- City, following 9–11, and to Miami-Dade Consequently, the amendment my ices, such as electricity, generators, County, Florida, following Hurricane distinguished colleague, Senator LOTT, rest rooms, lights, and the like, cre- Andrew in 1992. the Chairman of the Rules Committee, ating some serious problems. We were In the case of Miami-Dade—which and I are offering today. told that FEMA would not allow for an faced a very similar situation to what It is a very modest and targeted allocation of funds in this kind of a sit- the Gulf Coast faces today—FEMA pro- amendment. It provides $30 million to uation—even Federal elections. It does vided temporary polling places, water, the Election Assistance Commission to not meet the test of assistance under generators, lights, fans and portable provide grants to eligible states im- the Stafford Act. restroom facilities on election day. pacted by these natural disasters to re- We point out to our colleagues that FEMA also provided trailers for absen- store and replace supplies, materials, New York City officials were in the tee voting in the September primary. records, equipment and technology process of holding a primary election More importantly, FEMA even reim- used in the administration of federal on September 11 when they were inter- bursed Miami-Dade for the costs of elections and to ensure the full partici- rupted by the terrorist attack. FEMA holding the election that were over and pation of individuals displaced by the in that case allowed $8 million for the above the normal costs of the election. 2005 hurricanes.

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.012 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3872 CONGRESSIONAL RECORD — SENATE May 2, 2006 This amendment is supported by a It is imperative that Congress ensure not to ensure that these states have broad bipartisan coalition of voting that affected states have the resources sufficient resources to conduct federal rights activists and election officials, necessary to conduct federal elections elections this year. The health of our headed by the Leadership Conference this year in a fair and accurate man- democracy depends upon it. on Civil Rights and the National Asso- ner. It is equally imperative that all el- I urge my colleagues to support this ciation of Secretaries of States. Join- igible voters affected by these natural amendment. ing in support of the amendment is the disasters have an opportunity to par- EXHIBIT I National Association of Counties, the ticipate in their democracy. MAKE ELECTION REFORM A REALITY National Association of Election Offi- Being displaced by a hurricane SUPPORT GULF COAST STATES IN THEIR EX- cials, the National Association of State should not result in being TRAORDINARY EFFORTS TO ADMINISTER ELEC- Election Directors, and the National disenfranchised from a federal election. TIONS AFTER KATRINA Conference of State Legislatures. Each affected state will have its own APRIL 24, 2006. I ask unanimous consent that this challenges. For example, according to DEAR SENATORS: We, the undersigned orga- letter be included in the RECORD fol- the Secretary of State in Louisiana, nizations, urge you assist Louisiana, Mis- lowing my remarks. over 400,000 registered voters are dis- sissippi and Alabama in their efforts to hold The PRESIDING OFFICER. Without persed in 49 states. meaningful elections in the aftermath of objection it is so ordered. While fewer voters were displaced in Hurricane Katrina. We are asking for $50 (See exhibit I.) Mississippi, the election infrastructure million in the upcoming Emergency Supple- mental Appropriations legislation for those Mr. DODD. Mr. President, these was completely destroyed or severely funds will enable the states to estab- states in their efforts to administer trans- damaged by winds and surges, accord- parent and accountable elections. lish temporary polling places, secure ing to the Secretary of State of Mis- generators for running the electronic It is imperative that the citizens of the sissippi. Gulf Coast region are provided with the op- voting machines, provide basic sanita- In Alabama, the Secretary of State portunity to participate in the critical and tion services for poll workers and vot- has indicated that their allocated elec- difficult decision making that each of these ers, such as water and portable rest- tion costs were spent not on con- states face in the foreseeable future. Every room facilities. ducting elections, but removing debris election presents states with challenges, but Congress has taken great efforts to never before has there been such great poten- and repairing election infrastructure address the immediate needs of those tial for disenfranchisement than in the elec- following the hurricanes. affected by the hurricanes. Now Con- tions the Gulf Coast states are facing this Other states have been impacted, to a gress must take additional steps to as- year. lesser extent, by the influx of tem- sist the long-term needs of these com- Voters have been displaced, voting equip- porary residents displaced by the hurri- ment has been destroyed or severely dam- munities as they rebuild and move for- canes. In many of those states, dis- aged and polling places have been leveled. ward. The outcome of the devastation is that coun- Ensuring the integrity of federal placed citizens may have decided not to return home but to become residents ty budgets which were strained before the elections in these states by guaran- hurricane have now been depleted dealing teeing that the people of the Gulf Coast of the host state, thereby adding to the with issues like debris removal and infra- have access to a polling place is the election administration responsibil- structure rebuilding. Many of the businesses very least this Congress can do. ities of those jurisdictions. have shut down, thereby reducing or elimi- Senator LOTT and I first brought The amendment we are offering nating a tax base for those counties. The these anticipated needs to the atten- today will ensure that these unforseen funding is just not available at the state and tion of the Senate last October. At that needs are met and that the federal elec- local level to rebuild the elections infra- tions required this year are accessible, structure. time we noted the loss of polling Time is of the essence. Starting this month places, election equipment, and elec- accurate, and transparent. Regardless of the funding needs of and running through the summer, all of tion records in the impacted states. these states have primary elections for local While we did not have reliable cost es- the impacted states, one thing is clear. and federal offices. timates at that time, we served notice They are similarly situated with all The officials and residents of the Gulf that as the committee of jurisdiction other states conducting 2006 federal Coast states are extremely grateful for the over federal elections, we would come elections. They have a solemn duty to support from all levels of government and back to the Senate as the full extent of protect and preserve the constitu- from the many Americans who have been de- the damage and its potential impact on tionally guaranteed right of each eligi- voted to helping them rebuild and move for- ward. We look forward to working with you the 2006 federal elections became clear. ble voter to cast a vote and have that vote counted. on this critical issue. Should you have any Well, by last December it had become questions, please contact Leslie Reynolds of clear that the states could not recon- The impacted states are prepared to the National Association of Secretaries of struct the infrastructure to conduct work hard to secure the rights of our State at (202) 624–3525 or Val Frias of the federal elections without assistance. nation’s voters and they will conduct Leadership Conference on Civil Rights at And so in December Chairman LOTT these elections with whatever re- (202) 263–2852, or any of the individual organi- and I introduced the ‘‘Hurricane Elec- sources are available to them. But the zations listed below. tion Relief Act of 2005.’’ This bill au- access to the ballot box should not de- Sincerely, thorizes the necessary funding to aid pend upon whether or not a state has Leadership Conference on Civil Rights, recovered from an unprecedented series National Association of Counties, impacted states in the conduct of fed- National Association of Election Officials, eral elections this year, consistent of natural disasters. National Association of Secretaries of with the Help America Vote Act— And voters are ready to work hard State, HAVA. and participate in the governance and National Association of State Election Di- Specifically, it provides federal fund- rebuilding of their communities, no rectors, ing to impacted states to restore and matter what the damage inflicted on National Conference of State Legislatures. replace supplies, materials, records, them by nature. But their ability to Mr. DODD. I urge adoption of the equipment and technology that were participate in our democracy through amendment. damaged, destroyed, or dislocated as the ballot box should not depend upon The PRESIDING OFFICER. Is there result of the storms. The bill directs whether their community has been suc- further debate on the amendment? If the Election Assistance Commission to cessfully rebuilt. not, the question is on agreeing to the determine need and disburse grants to It is essential that we join together amendment. eligible states. to ensure that all states impacted by The amendment (No. 3727) was agreed The Senate passed this measure by these natural disasters have the re- to. unanimous consent on February 9. A sources to conduct timely federal elec- Mr. DODD. Mr. President, I move to House companion bill, H.R. 4140, ‘‘En- tions that fully enfranchise all eligible reconsider the vote. suring Ballot Access for Hurricanes voters. Mr. LOTT. I move to lay that motion Katrina and Rita Victims Act of 2005,’’ This is literally our last opportunity on the table. was introduced by Representative to provide these funds in time to make The motion to lay on the table was MILLENDER-MCDONALD. a difference. It would be irresponsible agreed to.

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.040 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3873 The PRESIDING OFFICER. The Sen- No. 3, no one is measuring any per- (3) by adding at the end the following: ator from Oklahoma. formance. There are no set goals. No ‘‘(F) an area in which the President has de- clared a major disaster (as that term is de- AMENDMENT NO. 3641, DIVISION V, WITHDRAWN one is saying what they are intended to accomplish? How do we measure that? fined in section 102 of the Robert T. Stafford Mr. COBURN. Mr. President, I ask Disaster Relief and Emergency Assistance unanimous consent that the pending Could we do it cheaper? Can we do it a Act (42 U.S.C. 5122)) as a result of Hurricane amendment be set aside so I may call better way? None of that has been eval- Katrina of August 2005 or Hurricane Rita of up Coburn amendment No. 3641, Divi- uated on this program. September 2005.’’. sion V, and I ask unanimous consent People will oppose this. I have no (b) Section 711(d) of the Small Business for its withdrawal. lack of reality in knowing we do not Competitive Demonstration Program Act of The PRESIDING OFFICER. Is there have an opportunity to eliminate this 1988 (15 U.S.C. 644 note) is amended— objection? Without objection, Division money. However, contrast what actu- (1) by striking ‘‘The Program’’ and insert- ing the following: V is withdrawn. ally happened on the gulf coast with ‘‘(1) IN GENERAL.—Except as provided in AMENDMENT NO. 3641, DIVISION VI, WITHDRAWN this AmeriCorps. We had people from paragraph (2), the Program’’; and Mr. COBURN. Mr. President, I ask all over this country go down and help. (2) by adding at the end the following: unanimous consent that Division VI of We didn’t pay them a penny. We did ‘‘(2) EXCEPTION.—The Program shall not amendment No. 3641 be called up. not pay them a $35,000 annualized sal- apply to any contract related to relief or re- The PRESIDING OFFICER. The ary. We had college students from all construction from Hurricane Katrina of 2005 amendment is now pending. across this country spend their spring or Hurricane Rita of 2005.’’. Mr. COBURN. Mr. President, I have breaks, their Christmas breaks, their (c) The amendments made by subsections (a) and (b) shall be effective for the period every intention of withdrawing this Thanksgiving breaks on the gulf coast beginning on the date of enactment of the amendment. But I wish to mention for volunteering. We had churches, civic Act and ending on October 1, 2008. a moment that this is an amendment organizations, local charities, we did Mr. VITTER. Mr. President, this that would have removed $20 million not pay them a penny. They all came amendment is a very important hub from the National Marine Fisheries because there was a need. zone small business amendment. It has Service to study catch, bycatch, There is something very wrong be- been cleared on both sides of the aisle shrimp and relief and fishery profit- hind the idea that we have to pay peo- and with all the relevant committee ability in the Gulf—the study of profit- ple to be volunteers. As a matter of chairs and ranking members. I ask ability. We are going to spend $20 mil- fact, it is an oxymoron. You cannot unanimous consent the amendment be lion to study profitability. have a paid volunteer because they are agreed to. The Louisiana Seafood and Mar- not volunteering if they are getting The PRESIDING OFFICER. The keting Board considers this to be un- paid. The motivation and commitment question is on agreeing to the amend- necessary spending and a low priority. shown by true volunteers is unmatched ment, as modified. That is what the people who market by any congressional appropriation. The amendment (No. 3627), as modi- the seafood from Louisiana said about The Nation is answering the call to be fied, was agreed to. this amendment. Good Samaritans and treat others the Mr. VITTER. I yield the floor. I am not going to put us through a way they want to be treated. AMENDMENT NO. 3704 vote on it, but I think we ought to pay This program was started in 1993 with Mr. THUNE. Mr. President, is there a attention to the people down there who good goals, and the purpose was to cre- pending amendment? are now saying they don’t need $20 mil- ate leadership. We may have done that, The PRESIDING OFFICER. There lion for marketing and studying. They but the fact that we do not know if we are pending amendments. believe it is a waste of money. When have done that, the fact that we keep Mr. THUNE. Mr. President, I call up the people of Louisiana are telling us it throwing this money—which does not my amendment numbered 3704. is wasted money, it is certainly wasted go to the individual volunteers; $4,000 Mrs. MURRAY. Reserving the right money. does, but it costs too much to operate. to object, I don’t believe we have seen I ask unanimous consent it be with- I will ask unanimous consent for this amendment. If the Senator would drawn. withdrawing of this division, but we share the amendment with us quickly, The PRESIDING OFFICER. Is there certainly ought to have some over- we can take a quick look at it. objection? Without objection, it is so sight. I intend to have an oversight Mr. President, we have no objection. ordered. hearing in the Committee on Federal The PRESIDING OFFICER. Without AMENDMENT NO. 3641, DIVISION VII, WITHDRAWN Financial Oversight. objection, it is so ordered. Mr. COBURN. Mr. President, I call up I ask unanimous consent to withdraw The clerk will report. amendment No. 3641, Division VII. the division. The legislative clerk read as follows: The PRESIDING OFFICER. The divi- The PRESIDING OFFICER. Without The Senator from South Dakota [Mr. sion is pending. objection, it is so ordered. THUNE] proposes an amendment numbered Mr. COBURN. Mr. President, I don’t The Senator from Louisiana. 3704. intend to ask for a vote on this amend- AMENDMENT NO. 3627, AS MODIFIED Mr. THUNE. Mr. President, I ask ment and may, in fact, withdraw it, unanimous consent the reading of the but I think it is something that the Mr. VITTER. Mr. President, I rise to ask unanimous consent amendment amendment be dispensed with. American people should know. This is The PRESIDING OFFICER. Without about AmericaCorps, the National Ci- No. 3627 be called up. Also, I request unanimous consent it be modified ac- objection, it is so ordered. vilian Community Corps. The amendment is as follows: There are three things we ought to cording to the modification I am send- ing to the desk. (Purpose: To provide, with an offset, know. The idea behind this is fine. $20,000,000 for the Department of Veterans The PRESIDING OFFICER (Mr. MAR- They have done a great deal of work on Affairs for Medical Facilities) the gulf coast. However, there are some TINEZ). Without objection, it is so or- dered. On page 253, between lines 19 and 20, insert real problems with this program. The the following: House also has significant problems The amendment will be so modified. The amendment (No. 3627), as modi- MEDICAL FACILITIES, DEPARTMENT OF with this program. VETERANS AFFAIRS fied, is as follows: Here is the key point: It has never SEC. 7032. (a) AVAILABILITY OF AMOUNT.— On page 253, between lines 19 and 20, insert had a comprehensive evaluation in 13 There is appropriated for the Department of the following: years to see if it accomplishes any- Veterans Affairs for the Veterans Health Ad- thing of importance. Compared to all SMALL BUSINESS RELIEF FROM HURRICANE ministration for Medical Facilities, KATRINA AND HURRICANE RITA the other AmeriCorps service pro- $20,000,000, with the entire amount des- grams, this one is about 50 percent SEC. 7032. (a) Section 3(p)(1) of the Small ignated as an emergency requirement pursu- Business Act (15 U.S.C. 632(p)(1)) is amend- ant to section 402 of H. Con. Res 95 (109th more costly per person. This one costs ed— Congress), the concurrent resolution on the $28,000 per volunteer for 10 months. (1) in subparagraph (D), by striking ‘‘or’’; budget for fiscal year 2006. That annualized out to $34,000 per per- (2) in subparagraph (E), by striking the pe- (b) OFFSET.—The amount appropriated by son per year. riod at the end and inserting ‘‘; or’’; and chapter 7 of title II of this Act under the

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.042 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3874 CONGRESSIONAL RECORD — SENATE May 2, 2006 heading ‘‘NATIONAL AND COMMUNITY SERVICE addressing in this country, one of this. The President did not request it. PROGRAMS, OPERATING EXPENSES’’ is hereby which is the importance of our vet- What we have is people requesting it. reduced by $20,000,000. erans, in making sure we are putting We have a plane that has not met Mr. THUNE. Mr. President, I ask the appropriate funding levels in place performance tests yet, has not been unanimous consent to yield myself 5 not only to provide health care for our battle proven, and we are adding three minutes to speak to the amendment. veterans but to make sure those facili- airplanes for which some would raise a The PRESIDING OFFICER. The Sen- ties out there that are in need of im- good question as to whether it ought to ator is recognized. provement, that are in need of addi- be done in this way. It ought to be done Mr. THUNE. I rise to offer an amend- tional dollars for construction or reha- through an authorization and through ment on behalf of America’s veterans. bilitation or whatever the case may be, the regular process. My amendment provides an additional that there are dollars in place that I know this is in the mark. I am not $20 million for veterans health care, would enable us to meet that very im- sure the chairman is supportive of it, offset by striking $20 million appro- portant need. and I will not ask for the vote, but I priated under this supplemental for the Again, I ask my colleagues to sup- don’t think this is the way we ought to AmeriCorps Program. port this amendment. I believe it does buy airplanes, especially when it is not Among other things, my amendment reflect a priority that is important to an emergency. provides more funding for the imple- Members of the Senate, certainly a pri- There are numerous problems. Most mentation of the provisions of the 2004 ority that is important to members of of them have been corrected, but there CARES Act, or capital asset realign- the Committee on Veterans’ Affairs, still have been numerous problems. ment for enhanced services decision, and done in a way that is offset, that is This is the problem with earmarks. We submitted by the Secretary of Veterans paid for, and more accurately reflects are adding something that is not au- Affairs for enhanced VA service, as on what we ought to be spending tax thorized, a plane that has had tremen- well as other actions designed to help dollars. dous developmental difficulties, that the VA provide better and more acces- With that, I ask unanimous consent the Pentagon does not want, the Presi- sible care to our Nation’s veterans. my amendment be laid aside, and I dent does not want, yet we want. Why As we seek to restrain spending, we yield the floor. do we want it? Because, for some rea- must carefully scrutinize our prior- The PRESIDING OFFICER. The Sen- son, we end up either employing more ities. Our veterans must take priority ator from Oklahoma. people on something that may not over programs and some of the other Mr. COBURN. Mr. President, I wish I eventually work to the military’s sat- priorities we are trying to address in would have thought of that amend- isfaction or we get benefits from it in the budget. My amendment does this ment. It is a great amendment. terms of political expediency. with AmeriCorps. We must do every- The Senator from South Dakota I believe it is the wrong way to go. I thing we can in a fiscally responsible makes the point, we have to make deci- ask unanimous consent to withdraw way to ensure our veterans receive the sions about priorities. When we have the amendment. health care they require. an unproven volunteer program that is The PRESIDING OFFICER. Without While we provide a generous funding more expensive than any other volun- objection, it is so ordered. of over $30 billion for VA health care teer program, and we are putting an AMENDMENT NO. 3641, DIVISION IX, WITHDRAWN for the current fiscal year, there is still extra $20 million on the basis of emer- Mr. COBURN. Mr. President, I ask room for improvement, if we can do so gency versus fulfilling the obligations unanimous consent that the pending in a way that does not force us to spend to those people who have made the ul- amendment be set aside and that we beyond our means. timate sacrifice and paid the price and proceed to the consideration of amend- This is particularly true as we take served this country and put their lives ment No. 3641, division IX. care of those veterans who have re- in danger doing so, it is a no-brainer The PRESIDING OFFICER. Without turned from Iraq and Afghanistan. Fi- that we ought to be spending the objection, the division is pending. nally, this amendment is particularly money on the veterans rather than a Mr. COBURN. Mr. President, I ask important for veterans living in rural program that has not proven to be ef- unanimous consent that this division and geographically isolated areas. For fective, not proven to match a perform- be withdrawn. example, the VA’s Midwest health care ance goal, and not proven even to be The PRESIDING OFFICER. Without network, which serves South Dakota, measuring itself in the 13 years of its objection, it is so ordered. is the most rural and covers the largest existence. AMENDMENT NO. 3641, DIVISION X, WITHDRAWN geographic region of any veterans inte- I support the Senator’s amendment. Mr. COBURN. Mr. President, I ask grated service network in the Nation. AMENDMENT NO. 3641, DIVISION VIII, WITHDRAWN unanimous consent that division X be It is therefore one of my highest prior- With that, I ask the pending amend- withdrawn. ities to ensure that veterans living in ment be laid aside and amendment No. The PRESIDING OFFICER. Without rural areas continue to see growth in 3641, division VIII, be called up. objection, it is so ordered. the VA’s ability to reach out to our The PRESIDING OFFICER. Without AMENDMENT NO. 3641, DIVISION XI rural veterans and provide adequate objection, it is so ordered. Mr. COBURN. Mr. President, I ask care for them. Mr. COBURN. Mr. President, I do not unanimous consent to call up division For these reasons, I strongly urge my intend on asking for a vote on this XI. colleagues to support this amendment. amendment, but I highlight this The PRESIDING OFFICER. Without I simply say, as a member of the amendment because of the problems objection, it is so ordered. Committee on Veterans’ Affairs, one of implicit in this request. Mr. COBURN. Mr. President, I find the debates we often have at the com- In this supplemental is a request for myself bringing an amendment again mittee level is how, on a consistent $230 million, an earmark, for three ad- against two of my friends who have a basis, we have to borrow from the med- ditional Osprey V–22 airplanes. The significant stake. They are both from ical facilities account to fund ongoing Pentagon, in 2005, formally approved Mississippi. They have looked at this operations, to fund veterans health full rate production of the V–22: 360 for issue a great deal. care. the Marine Corps, 48 for the Navy, and What I want to do is raise the issues What this amendment simply does is, 50 for the Air Force. The Pentagon has with a debate on the amendment, and in an offset way, in a paid-for way, ordered 90 as of today. then possibly talk about solutions. force us to make choices. Obviously, This plane is not yet proven, one, and During Katrina, the Armed Forces the budget process is always about I will not go into the debate on that. It Retirement Home in Gulfport, MS, was choices, about where we are going to cannot even have full testing and can- damaged. The first floor was damaged invest, where we are going to put our not be used in the battlefield. significantly. It required and neces- limited resources. In this era of budg- The point is, there is no emergency sitated us moving those veterans to etary constraint, it is important we need to order these planes. This plane other retirement homes. make choices that are consistent with is manufactured in Texas and Pennsyl- We need to remedy that. There are the priorities I believe we ought to be vania. The Pentagon did not request lots of options on the table. I talked

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.015 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3875 with the chairman of the Appropria- wait to send additional supplemental there is a lot of geography in North tions Committee, and there are a lot of money for this until we know exactly America that goes uncovered and has good ideas coming out on how to solve where it is going to go or specify ex- routes for migratory birds. that problem. actly where it is going to go. My amendment is simple. We would The problem I have is, we allocated We do know that to be considered an like to reprogram $5 million of surveil- $45 million for this in the last year, and emergency we need to meet the re- lance money that is in this emergency $44 million of it remains in the bank quirements. I believe we need to meet spending bill to the Smithsonian, di- and has not been spent. This bill has the requirements for our veterans, es- rected to work with all of their non- $176 million, but it does not tell us pecially in this home because we have profit affiliates to set up a migratory what we are going to do with it. It just some of them in Washington, DC, and bird surveillance program. This Con- has $176 million. we have them living all across the gress has committed a tremendous So that brings us to a quarter of a country. But the fact is, we don’t know amount of dollars to be prepared and to billion dollars on this retirement home where the money is going to go. We respond if bird flu becomes a human-to- that houses 600 of our best, who have don’t know how much money we are human transmission. If we look around proven they have been our best going to spend. We don’t have a plan. the world at successes, one would look through their service to our country. Nothing is agreed to. Why not go at Taiwan and Japan specifically, Now, if you divide this out, you come through the regular process with this? where their migratory birds surveil- to almost $400,000 per room, if we cre- Why not go through the authorization lance program detected, contained, and ated a new style. And the plans, the and appropriation process on this since eliminated on their islands the infec- proposals are all in the $480 million and we have not spent the money already tion. That is not to say that they are $490 million range that have been of- and we don’t know how this money is home free, but they certainly have a fered up on the different options. going to be spent? track record of eliminating the threat, Congressman GENE TAYLOR from Mis- So it is a simple, straightforward even before it hit in total their domes- sissippi, in the debate on this issue, question: Wouldn’t it make more sense tic population of poultry. says we can fully restore this facility to do it under the regular order since We are concerned about the human- to what it was beforehand for $80 to $90 this is definitely not an emergency to-human transmission. With that con- million. That is what the estimates now? Under their five different plans cern has come a tremendous amount of are. Private industry estimates for a they have offered up, this would not be resources from the Federal Govern- brand-new naval home facility are that an emergency. ment. It deserves us spending as much it could be built to the desired stand- I would ask the consideration of the time focused on the economic impact ards—that means up to date for Ameri- chairman if we could do it in a better, before human-to-human transmission. cans with disabilities; up to date on more efficient way that is better for I think it is safe to say that a majority size, doors; up to date on the ability to the taxpayer; if, in fact, we could with- of this country can be affected with our handle people with advanced aging and draw this money at this time and bring poultry flocks, and we have an oppor- disease and long-term consequences— it back through the regular order to tunity, with a successful surveillance for $125 million to $150 million. accomplish that? program, to make sure that we do what So the question I raise with this With that, I yield the floor. Japan and Taiwan did, and that is de- amendment is not whether we should Mr. President, I suggest the absence tect its entry, try to contain it, try to do it. It is: We have $221 million, after of a quorum. eliminate it when it first enters. this bill goes through, that is going to The PRESIDING OFFICER. The I am not sure that we have an entity be for that, and we are not through, clerk will call the roll. that has a track record of doing what and there is nothing in the report lan- The assistant legislative clerk pro- we are asking the Smithsonian. In the guage that would direct us on how we ceeded to call the roll. past, the Appropriations Committee are going to make a decision on spend- Mr. BURR. Mr. President, I ask unan- has devoted some funds to some enti- ing this money and what it is going to imous consent that the order for the ties that suggested they could do it. go for. quorum call be rescinded. The reality is they are not doing it I will agree with the goal of the The PRESIDING OFFICER. Without today. This effort is to take an agency, chairman that we ought to replace this objection, it is so ordered. a Federal arm, and to try to extend to facility, and those people involved in AMENDMENT NO. 3713 them the resources to do what they say that area ought to have a lot to say Mr. BURR. Mr. President, I ask unan- they can do and that is a successful mi- about it. My concern is the cost. If you imous consent to set the pending gratory bird surveillance program. really take the $589.54 million, which is amendment aside and call up amend- I ask my colleagues to support the option No. 1 that is coming out for ment No. 3713. amendment. Without it, we have no this, and the estimate that it will take The PRESIDING OFFICER. Is there hope of a surveillance program for mi- 13 years to get us back to where we objection? gratory birds, with the exception of were, that is $1 million a room. Without objection, it is so ordered. what we currently do in Alaska with I want to contrast that with what we The amendment is pending. Fish and Wildlife. We have a commit- can do for $1 million. If you look at the Mr. BURR. Mr. President, I will be ment to make sure that the efforts of average price of a new home in Mis- brief because I know we are in debate the Smithsonian and their successes sissippi for a single person to live in, it on another amendment. are integrated into the database of is less than $80,000 a year. We could buy Avian flu is the concern of not just Fish and Wildlife. This is not to dupli- every veteran who lives in that home a this Congress but of this country and cate. It is not to create something that brand-new home and provide nursing the rest of the world. As it has spread might be a threat to the existing pro- care for 10 years—for 10 years—for by migratory birds—and in some in- gram we have under way. It is to com- what is being proposed in replacing stances around the world—it has in- plement it. It is to say that we under- this. fected humans. It is the responsible stand this is a large continent and that So my real question is, what is the thing on the part of this country to we have to tap the pool of people who plan? Where is the commonsense over- prepare for that. are in nonprofits across the country sight? How much are we going to Part of preparation is not only being and across the continent, if we want to spend? And before we send more money prepared for the human side, it is being be successful with a surveillance pro- in an emergency appropriations, we prepared to track its entry and possible gram. ought to know what that is, and that migration through the United States. I ask my colleagues to support re- ought to be decided before we spend Today we have devoted, with the lead- programming $5 million for this year. more money, especially since $44 mil- ership of the chairman of the Appro- It is not new money. It is repro- lion that has been appropriated has not priations Committee, moneys to the grammed money. It is money that we been spent. Fish and Wildlife Service to success- had devoted to surveillance. It is shift- All I am saying is that we should fully do that, and we do it between ed from human surveillance to migra- consider that. I would hope we would Russia and Alaska. Unfortunately, tory bird surveillance.

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.049 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3876 CONGRESSIONAL RECORD — SENATE May 2, 2006 I thank the Chair and yield the floor. residents were temporarily evacuated and the first floor up to the second The PRESIDING OFFICER. The Sen- to the Armed Forces home in Wash- floor. There are questions about how ator from Mississippi. ington. The rest moved in with friends feasible that is. Let’s just patch it up. Mr. COCHRAN. Mr. President, I was and family. The facility is capable of But the projection of the costs for even going to ask the Senator if he knows of holding as many as 500, and there was that is not good. any objection. I was advised that there always a waiting list. When Katrina The second alternative is to go in and is one Senator who has indicated oppo- came in, the entire first floor was do a major overhaul and make these 90- sition to the amendment. I am a mem- flooded. The exterior of the building square-foot rooms bigger—knock a hole ber of the Board of Regents of the was blasted with 150-mile-an-hour in the wall and have two-room suites, Smithsonian. I have a high regard for winds. The entire electrical room lo- really a major overhaul. The amount of the work that is done there. Listening cated below ground level was flooded money they are talking about, again, is to the description of the Senator from from floor to ceiling. very high. North Carolina, I am inclined to sup- But from that time to this, I con- Then, of course, the last one is to port the amendment. But in view of the tinue to hear from the residents say- raze the building and build something fact that there is at least one Senator ing: We want to come back; we want to more modern, safer in hurricanes, more with a contrary view, I think we ought come home. Nothing against the Wash- pleasing to the retirees and everybody not go forward without giving him an ington, DC, area, but their family, involved. opportunity to come and express his quite often, what little family they My attitude has been, OK, somebody concerns, if he would like to have an have, lives in that area and they feel so who is an expert tell me what is the opportunity to do so. My hope would be comfortable there, they want to go right solution. I can go with any of that we could put in a quorum and see back. these alternatives, but let’s make sure if there is a need to discuss it further; By the way, the Gulfport facility, un- we do it responsibly and let’s not have otherwise, I suggest that we accept it like the one in Washington, didn’t lose to do it again in 3 or 4 years. And, by on a voice vote. money. It was always a moneymaker. the way, is there some way we can con- Mr. BURR. I thank the chairman and But the rooms they had were 90-square- trol the costs? A novel idea. So that is recognize there might be an individual foot rooms, and sometimes it was a re- where we are. who wants to speak in opposition. tiree and his or her spouse in this very I met with the Pentagon officials, I suggest the absence of a quorum. small room. I realized several years and I think they are trying to come up The PRESIDING OFFICER. The with an alternative solution. $64.7 mil- clerk will call the roll. ago that whoever designed the building The assistant legislative clerk pro- had made some mistakes in terms of lion in appropriated funds was pre- ceeded to call the roll. the size and the options of those retir- viously provided to study options to re- Mr. LOTT. I ask unanimous consent ees. house evacuated veterans. Mr. Presi- that the order for the quorum call be I don’t know if my colleagues are fa- dent, $64 million to study options? Do rescinded. miliar with black mold, but it is bad we need that? The PRESIDING OFFICER. Without stuff, and it comes quickly after a hur- What I am saying and what Senator objection, it is so ordered. ricane. You begin to see it on the walls, COCHRAN is saying is let’s take the bal- AMENDMENT NO. 3641, DIVISION XI, WITHDRAWN and it will make you sick. If you don’t ance of that prior money that can be Mr. LOTT. Mr. President, is the get it out of there, your building will reprogrammed, and let’s couple that amendment pending now and open for be sick. You have to go in and basically with another, I believe, $176 million debate by Senator COBURN with regard take everything out but the two by and go forward. to the Armed Forces Retirement fours. You have to take out the walls My colleague from Oklahoma has Home? in the building—just everything—and said he wants a facility put back in The PRESIDING OFFICER. That di- replace it with new material, or you Gulfport. He wants to know what it is, vision is available for debate. are going to have this black mold. and he wants to know what it is going Mr. LOTT. If I may speak on this I have really been embarrassed by to cost. Some of the numbers I have subject, I would plead with my col- the way the Defense Department has been hearing—I don’t know if I can put league from Oklahoma to bear with me handled the Gulfport facility in the my finger on it right here—are pro- and work with us on this. I have a feel- aftermath of the hurricane. I under- posals of $589 million for renovating it ing this is something he would like to stand we have had a lot of things on or $389 million to rebuild it. Good see done. I think he wants to make our minds, but basically they haven’t gravy. That is real money. I don’t like sure it is done in the right way. That is done anything to mitigate further either one of those. my goal, too. I would ask him to hear decay. They haven’t gone in there and I believe we can repair it or we can me out a minute. Let’s see if we can repaired that first floor. They have not come up with this modified proposal work this out and perhaps not force gotten the ventilation system going to Senator COCHRAN has, about which we this to a vote, take up the Senate’s dehumidify the rest of the building. had some input, that would be a better, time, see if we can accommodate They have not done anything to repair more aesthetically pleasing, more liv- everybody’s concerns. the exterior facing. They have not re- able, cheaper facility to build. Again, this is a place that I have di- moved the black mold. And to make Look at the report. The report makes rect personal familiarity with. I was matters worse, other then some volun- it clear what the committee is talking there when it was a high ground on the teer work initially done by the Navy about doing: combined with prior unob- Mississippi gulf coast beach area with Seabees, they basically will not let ligated balances, taking the $176 mil- 200-year-old oaks, a beautiful site. In anybody else come in to try to miti- lion the committee has recommended, the 1970s, through the good offices and gate the decay that is occurring. which shall be used to construct a new, efforts, probably of Senator Stennis, an Remember, this hurricane was Au- multi-building, campus-style facility 11-story retirement home for old sail- gust of last year and that 11-story on the site occupied by the former ors was built on that magnificent site building stands there today basically Armed Forces Retirement Home. in 1976. I was there when the ribbon like it was the day after the hurricane. I think Senator COCHRAN envisions was cut, and I was so proud of that fa- They are letting it just sit there. They more of a three-story, military-style cility. It was such an exciting thing to even initially refused to let the electric retirement facility, perhaps with some see the look in the eyes of those at company come through the gate to surrounding dormitories. that time sailors, but it has since be- help restore power. This has not been I don’t want to say how this is going come, of course, the Armed Forces Re- one of our better moments. to be done, but the hurricane was 81⁄2 tirement Home. So it is a place of last Then we started asking: What can we months ago, and we are still waiting. resort for retirees from all the military do? I want to do the right thing for our The costs are going up, by the way. Try branches. That is how far back my his- retired veterans at this site. There to get a contractor down there now and tory goes with this facility. have been proposals: Let’s just go in see what it costs. In preparation for the storm, to the and put a Band-Aid on it, clean it mini- So we are trying to get this done. We credit of the leaders there, 300 of the mally, move things off the basement are making recommendations because

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.051 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3877 we haven’t gotten one from anybody Again, you bet, I am a tightwad when MS. I think that is the key, and that else. But keep in mind, this modified it comes to our grandchildren’s money, was brought out by my good friend and plan makes more sense. I think it and I want value for what we spend. colleague from Mississippi. That is the would please everybody, and it is a That is the purpose of this amendment. point. heck of a lot cheaper. I am willing to withdraw this amend- It is the sense of our committee and If my colleague from Oklahoma has ment if I can have the assurance that those familiar with this facility that it something he would like to suggest we we can moderate this back into a range should remain in the Gulfport, MS, include—I am not chairman of the that would look like something com- area. The mayor of Gulfport came up committee, I am not on the committee, parable to what we really need to to see me to talk about his concerns, but I am saying, this was not designed spend. his interests, and his ideas. I know he in perfection, but I think it is a posi- I wish to make a final point, if the talked with Senator LOTT and probably tive move that deals with the realities Senator will bear with me. We don’t other members of our delegation. I of a pitiful situation. have this money. We don’t have it. want to help him achieve his goal for I talked with the mayor of Gulfport, Anything we don’t get good value for having the facility rebuilt, using the MS, recently, Mayor Brent Warr, and today because our kids are paying for best measures that we can to be sure he told me a story that breaks your it means they are going to get an exag- we get a good result for the dollars heart. He picked up on the streets of gerated cost when they come to pay it that we invest, and we don’t waste Gulfport, MS, one of the former resi- back. That is my purpose. money. We don’t want to do that. We dents who was walking along the side I want them to have a great home. I don’t want to just throw a lot of money of the road after he had made his way want them to be able to come home. I out there and let the home spend it from Washington, DC, to Gulfport. He know they have a tremendous camara- without any guidance or restraint. got tired of waiting. He went home— derie living there. I want to see that I am very committed, though, to the this is his home—to a mold-infested, restored for them. They deserve it. Can notion that we ought to have a provi- mildewed, improperly air-conditioned we not do it in a much cheaper way and sion with some money and these direc- facility. still give them what they want? Re- tions in the bill. I don’t think the I don’t think we should do this to member, they fought hard so we would House has included anything like this. these retirees and these veterans. I have the money to be able to do it. We are going to have to negotiate with think we need to move ahead and do Mr. LOTT. If the Senator will yield, the House when we get to conference. I the right thing to get our veterans Mr. President, taking my time back, don’t know what their ideas would be, home to Gulfport. I will be glad to look, I on occasion have thought of but I want to be able to have at least yield to my colleague from Oklahoma myself as a cheap hawk, too. When you the commitment of the Senate behind if he has some additional suggestions. I see what I have seen—and the Presi- our effort to do what is said in this re- know this is an area about which he dent of the United States and Senator port. cares. It could be $176 million. If the Sen- Mr. COBURN. Mr. President, I want after Senator and Congressman after ator wants to change it to $166 million to see this facility replaced, too, but I Congressman looked these people in or $120 million—I don’t know what the have some serious questions. The Sen- the eye and said: We are going to make ator was not here for the debate. I want you whole; we are not going to give right number is. But it shows a com- him to hear those questions because you everything you want, but we are mitment to proceed with funds avail- what he is proposing is cheaper than going to help you get back on your able to hire some people to get the several of what the retirement board feet. And we said that to these old vet- work done. This is what Senator LOTT’s suggested. I agree. Call me cheap. What erans, too. point is. Nothing has been done. We he is proposing is $370,000 per resident. I don’t want to build a Taj Mahal. have to get somebody moving, get an That is twice what I can build a brand- Unfortunately, quite often that is what architect selected, come together with new hospital for with the latest every- we get when the Government does it. I a plan, and then we will see whether we thing. would like to do it for less. I would like can fund it. But at least we have I guess my point is, for $221 million, to have more for less. I would prefer enough money in here to show we are what are our grandchildren going to the Pentagon had developed a plan 4 serious about rebuilding it, that we are get because we are doing this under an months ago and said let’s do this. But making this investment, and we will emergency, and we know we can build here we sit on the sideline. monitor the use of the money and try a brand-new facility up to code, nice as I can’t speak for the chairman of the our best to be sure that every dollar is can be, with the rooms the size the committee, but the Senator can see well spent. That is my goal. Senator wants, for $150 million total. this is something I have paid attention The Armed Services Committee has We know that is possible. So why to. It is something I care about. But I oversight responsibility. That is the should we spend $221 million doing it? would be open to suggestions and work- legislative committee. So they can If it is not a fixed plan now; if we send ing with the Senator to see if we can help monitor and follow the progress as $221 million out of here, they are going come up with a plan that the Pen- well. But I hope we won’t strike the to spend it. tagon, hopefully, would help us with money and just say this is a bad idea My problem is, I would love for the that would do more and maybe do less. and we are not going to do anything Senator and maybe the chairman to I am amenable to that. else. That is unacceptable. That is to- work with me to get this to a more re- I yield the floor. tally unacceptable. alistic idea of what the real costs The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- should be so that we accomplish the ator from Mississippi. ator from Oklahoma. goal they want, and we do it in a more Mr. COCHRAN. Mr. President, I Mr. COBURN. Mr. President, I concur timely manner. I agree, having a cam- thank the distinguished Senator, my with the Senator’s desire to reestablish pus style is probably a little bit more colleague from Mississippi, for his con- the site there. That is not what this is expensive, but it isn’t 50 percent more tribution to this discussion. I think he about. I am told the Senate Armed expensive than what it should cost. made a very compelling argument for Services Committee is not for this be- I made the point earlier that for a the fact that we need to provide funds cause it only gets us halfway there, new home, for a single or couple living in this bill with direction to proceed to which bothers me greatly because in- in 1,200 to 1,500 square feet in the State work on a new facility for these vet- stead of $221 million, we are going to of Mississippi, you can buy one of the erans. That is the point. That is why spend $442 million, which ends up being nicest places in the world for $81,000 included in this bill is a committee rec- about $800,000 per bed. right now, or $72,000. We got a quote ommendation of $176 million. The point I make is this: If you throw yesterday from Mississippi. So that The language specifically suggests money out there, they are going to leaves $300,000. If we bought them all a that this be used to construct a new, build where they expend the money. brand-new home and then hired them a multibuilding, campus-style facility on How about us having a plan within a caretaker at $30,000 a year for the next the site occupied by the former Armed certain amount of money and living 10 years, we would spend less money. Forces Retirement Home in Gulfport, with it, rather than saying we are

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My the effects of widespread insect infesta- in addition to that, which brings up the problem is it is not $176 million; it is tions throughout the National Forest Sys- amount in the amendment to $50 mil- $176 million plus $44 million, and other tem) lion. people are going to authorize another On page 172, strike lines 15 through 21 and Mr. COCHRAN. So the bill as re- $200 million, so we are going to be talk- insert the following: ‘‘System’’ for necessary ported from our committee was $20 ing about a half a billion dollars, and expenses, $50,000,000, to remain available million, and this adds $30 million? that is my problem with it. until expended: Provided, That the amount Mr. SALAZAR. That is indeed cor- I ask unanimous consent at this time provided under this heading is designated as rect. I am willing to withdraw my re- to withdraw this amendment. I appre- an emergency requirement pursuant to sec- quest for a vote at this point in time if, tion 402 of H. Con. Res. 95 (109th Congress), ciate the courtesies extended to me indeed, we can resolve this by a voice the concurrent resolution on the budget for vote. during the debate. I know the desire is fiscal year 2006.’’ right. I think the money that is out Mr. COCHRAN. Mr. President, I am Mr. SALAZAR. Mr. President, a few willing to urge the Senate to accept there is extraordinarily too much, es- days ago I came to the floor of the Sen- pecially when we have documented es- the amendment. There is clearly a need ate to talk about a very important for funding, and we will have an oppor- timates to repair the present facilities issue that is facing the entire Nation between $50 million and $60 million and tunity to monitor this carefully to be with respect to the fire emergency we sure that money is not wasted. But to build new ones between $120 million are seeing across many of our States, and $150 million. So anything above clearly, the devastation to timberland including many of our western States. and forestry resources is immense. It is that is fluff at this time, which we At that point I proposed an amendment can’t afford. We can meet our obliga- indescribable. You have to see it. You that would provide an additional $30 can drive along hundreds of miles of tions, but we can’t go much beyond million in disaster emergency aid so that and meet our other obligations. forestlands in the region, and it is stag- the Forest Service can take on the gering, the amount of destruction that So I ask unanimous consent to with- work it needs to take on to assure that draw the amendment. has occurred. we don’t have the destruction from I compliment the Senator and thank The PRESIDING OFFICER. Without fires we have seen in prior years. him for offering the amendment and objection, the amendment is with- In my own State alone, we have seen assure him of my support and rec- drawn. what happens when you have the fire ommendation that we accept it. Mr. SALAZAR. Mr. President, par- situation getting out of control. In Mr. SALAZAR. Mr. President, re- liamentary inquiry: What is the pend- 1994, the Storm King fire near Glen- garding Senate amendment No. 3637 to ing business? wood Springs ended up with the deaths H.R. 4939, I believe it is important to The PRESIDING OFFICER (Mr. AL- of over 14 firefighters. Back in 2002, we clarify the intent of this amendment. EXANDER). The amendment of the Sen- had another fire, the Hayman fire, The intent of Senate amendment No. ator from North Carolina. which caused 138,000 acres of national 3637 is similar to Senate amendment Mr. BURR. Mr. President, would the Forest Service lands to be burned No. 3645; however, due to technical con- Senator from Colorado yield for a ques- across 4 different counties. These kinds siderations I had to redraft the amend- tion? If the Senator would allow me, it of fires are the kinds we are seeing ment. The intent of Senate amendment is my understanding we would be able across our entire country, and we need No. 3637 is to provide $20 million to the to voice vote my amendment that is to make sure we have the resources in Forest Service to address the con- pending right now. If the Senator order to be able to fight the fires we sequences of Hurricane Katrina and would allow me to do that, we could are going to be seeing in the weeks and other hurricanes of the 2005 season, as dispose of this amendment in 30—I months ahead throughout our great the Senate Appropriations originally have been told I am incorrect. Nation. reported. My amendment retains that The PRESIDING OFFICER. The Sen- What I am doing with this amend- $20 million for the gulf coast and adds ator from Colorado. ment is simply providing the amount another $30 million to reduce the risk Mr. SALAZAR. Mr. President, of money that would be needed to get of catastrophic fires and mitigate the through the Chair, I think it would be us up to the levels for firefighting that effects of widespread insect infesta- appropriate for my friend from North we had during the prior year. It is tions throughout the entire National Carolina to have a conversation about something that is essential to our Forest System. how to move forward with his amend- country, it fits within the framework The need for this additional funding ment. At this point I ask unanimous of addressing disaster emergencies, and is highlighted in the State of Colorado. consent that the pending business be I am hopeful my colleagues in the Sen- In Colorado, the Forest Service expects set aside so I may offer an amendment. ate will agree with me and support this to conduct 35,000 acres of hazardous amendment. fuel reduction work as well as process The PRESIDING OFFICER. Is there Mr. President, I ask for the yeas and timber sales in insect infested areas. objection? Without objection, it is so nays. However there is a capacity for more ordered. The PRESIDING OFFICER. Is there a critical work to be done. Colorado has AMENDMENT NO. 3736 sufficient second? approximately 35,000 additional acres Mr. SALAZAR. Mr. President, I call At this time there is not a sufficient that are approved for hazardous fuel up amendment No. 3736. second. treatments; however the Forest Serv- The PRESIDING OFFICER. The Mr. COCHRAN. Mr. President, if the ice lacks the funds to carry out those clerk will report. Senator will yield, I hope that the Sen- treatments. Colorado also has 12,000 The assistant legislative clerk read ate could accept this on a voice vote. I acres ready for timber sales that would as follows: don’t know that we need to have a roll- benefit the fire and insect situation but call vote. It seems to me to be an for lack of funding are not being car- The Senator from Colorado [Mr. SALAZAR] proposes an amendment numbered 3736. amendment that should be accepted by ried out in fiscal year 2006. I use Colo- the Senate. It calls for the use of—my rado as an example, but this problem Mr. SALAZAR. Mr. President, I ask piece of paper says $50 million, and I exists throughout the Western United unanimous consent that further read- heard the Senator say $30 million, or States where extended drought and in- ing of the amendment be dispensed did I hear him wrong? sect infestations have created dan- with. Mr. SALAZAR. Mr. President, if I gerous conditions ripe for catastrophic The PRESIDING OFFICER. Without may respond to my friend from Mis- fires in 2006. It represents a true emer- objection, it is so ordered. sissippi, the amendment asks for $50 gency. Waiting to address this issue in The amendment is as follows: million because we attempted to make the fiscal year 2007 appropriations

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Is there cepted. well over $100 billion by the end of this further debate? After the devastation of Hurricane week for Katrina relief and recovery, Mr. SALAZAR. Mr. President, I Katrina, millions of Americans opened we haven’t put in any accountability thank the chairman. their hearts, their homes, and their systems to ensure that the money is The PRESIDING OFFICER. The wallets to help the victims in the gulf well spent. question is on agreeing to the amend- coast. Even before Katrina’s winds and I am aware that I am new to this ment. rains died down, Americans across the body, but I am troubled that Senate The amendment (No. 3736) was agreed country called national hotlines and rules are getting in the way of sound to. pledged their hard-earned dollars, their policy. I understand that is how the Mrs. MURRAY. Mr. President, I time, and their prayers to the relief ef- Senate works, so Senator COBURN and I move to reconsider the vote. fort. are here to offer one modest amend- Mr. COCHRAN. Mr. President, I move But they didn’t just pledge—they ment to protect taxpayer dollars. Our to lay that motion on the table. also delivered. They delivered to the amendment addresses no-bid con- The PRESIDING OFFICER. Without tune of $3.5 billion. Many of these do- tracting and is germane to the under- objection, it is so ordered. nations came from working-class fami- lying bill. The Senator from Colorado. lies who didn’t have much to give, but Immediately after the hurricane, Mr. SALAZAR. Mr. President, I they gave what they could. FEMA awarded four $100 million no-bid thank the Senator from Mississippi as Like the American people, President contracts to four large companies—400 well as the floor manager from Wash- Bush made a pledge after the disaster. million taxpayer dollars—without full ington, my distinguished friends, for He pledged he would provide the gulf and open competition. Acting FEMA their assistance on this important coast with the Federal assistance it director David Paulison was asked issue. needed to get back on its feet. With the about these contracts when he testified I yield the floor. bill now before us, the total amount of before the Senate Homeland Security The PRESIDING OFFICER. The Sen- Federal funding for hurricane recovery and Governmental Affairs Committee ator from Illinois. will exceed $100 billion, and it is safe to on October 6, 2005, and he said the fol- Mr. OBAMA. Mr. President, what is say more money will be needed in the lowing: the pending amendment? months and years to come. I have been a public servant for a long time The PRESIDING OFFICER. The But in order to make good on the and I have never been a fan of no-bid con- tracts. Sometimes you have to do them be- Coburn amendment is the pending President’s pledge, we need to do more. cause of the expediency of getting things amendment. We need to pledge to be responsible done. And I can assure you that we are going AMENDMENT NO. 3810 stewards of taxpayer dollars. We owe to look at all of those contracts very care- Mr. OBAMA. Mr. President, I ask this to the Americans who donated fully. All of those no-bid contracts, we are unanimous consent to set aside the their own funds to hurricane relief ef- going to go back and rebid. pending business so I may call up my forts and to those who trust us each Senator COBURN and I expected Direc- amendment No. 3810. day with the tax money they send to tor Paulison to stick to his word and The PRESIDING OFFICER. Is there Washington. Unfortunately, we haven’t rebid these contracts. But a month and objection? done a very good job so far of deliv- a half passed, and the contracts still Without objection, it is so ordered. ering on this pledge. had not been rebid. So last November, The clerk will report. Yesterday, Senator COBURN and I we introduced an amendment to the The assistant legislative clerk read came to the floor to detail the numer- tax reconciliation bill expressing the as follows: ous instances of waste, fraud, and sense of the Senate that FEMA should abuse in the use of Katrina funds. We immediately rebid these contracts. Our The Senator from Illinois [Mr. OBAMA] pro- poses an amendment numbered 3810. know that FEMA spent nearly $880 mil- colleagues agreed and the amendment lion in taxpayer money on 25,000 tem- passed by unanimous consent. Mr. OBAMA. Mr. President, I ask porary housing trailers stored around After our amendment passed, both unanimous consent that the reading of the country, including 11,000 that are Senator COBURN and I met again with the amendment be dispensed with. currently rusting away in a field in Ar- Director Paulison and again he assured The PRESIDING OFFICER. Without kansas. us these contracts would be rebid. Yet, objection, it is so ordered. There are reports of prime contrac- surprisingly enough, these contracts The amendment is as follows: tors charging upward of $30 per cubic still have not been rebid. And to add (Purpose: To provide that none of the funds yard for debris removal—work that ac- insult to injury, FEMA said in March appropriated by this Act may be made tually costs subcontractors as little as that the contracts would not be rebid available for hurricane relief and recovery contracts exceeding $500,000 that are $6 per cubic yard. after all. In fact, the contracts have ac- awarded using procedures other than com- As the Washington Post reported, tually been extended, despite the fact petitive procedures) four large companies are charging that GAO found three of these four On page 253, between lines 19 and 20, insert 1,500-percent markups—1,500-percent firms had wasted millions of dollars in the following: markups—to cover damaged roofs with taxpayer funds. ACCOUNTABILITY IN HURRICANE RECOVERY plastic tarps. The abuse doesn’t stop with these CONTRACTING Senator COBURN and I have tried to four contracts. We learned 2 weeks ago SEC. 7032. None of the funds appropriated address these problems by offering a that the Army Corps of Engineers by this Act that are made available for relief sensible package of amendments to en- missed an opportunity to negotiate a and recovery efforts related to Hurricane sure fiscal accountability and trans- lower price on a $40 million contract Katrina and the other hurricanes of the 2005 parency. We have proposed the appoint- for portable classrooms in Mississippi. season may be used by an executive agency ment of a chief financial officer to Instead, a no-bid and overpriced con- to enter into any Federal contract exceeding oversee the spending of Federal fund- tract was awarded to an out-of-State $500,000 through the use of procedures other ing. We have proposed limits on the firm. I have often heard it said that the than competitive procedures as required by amount of overhead expenses a con- definition of insanity is doing the same the Federal Acquisition Regulation and, as applicable, section 303(a) of the Federal tractor can charge the Federal Govern- thing over and over again and expect- Property and Administrative Services Act of ment, and we have proposed that the ing a different result. Frankly, what 1949 (41 U.S.C. 253(a)) or section 2304(a) of details of all large Katrina contracts be we are doing with Katrina funding bor- title 10, United States Code. posted on the Internet. ders on insanity. We in Congress keep

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.043 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3880 CONGRESSIONAL RECORD — SENATE May 2, 2006 on trusting FEMA to enter into com- Dole Kohl Reid before we have the final vote on this petitive contracts even though there is Domenici Kyl Roberts bill to discuss what is in this bill that Dorgan Landrieu Salazar no evidence that it has any intention Durbin Lautenberg Santorum is not emergency, that is not an obliga- of doing so. Ensign Leahy Sarbanes tion by the Federal Government, that The amendment we are offering Feingold Levin Schumer is not prudent or fiscally wise. I will Feinstein Lieberman today is only our effort to say enough Sessions not spend the time on that at this Frist Lincoln Shelby Graham Lott is enough. Our amendment requires all Smith time. Grassley Lugar Federal agencies to follow competitive Snowe AMENDMENT NO. 3641, DIVISION XIX Gregg Martinez bidding procedures for any Katrina-re- Hagel McCain Specter Mr. COBURN. I ask unanimous con- lated contracts exceeding $500,000. It is Harkin McConnell Stabenow sent division XIX be brought up. a commonsense amendment. It is a Hatch Menendez Stevens The PRESIDING OFFICER (Mr. Hutchison Mikulski Sununu good-government amendment. Eight CHAMBLISS). The measure is pending. Inhofe Murkowski Talent months after Katrina, there is no Inouye Murray Thomas Mr. COBURN. Mr. President, this is longer any emergency that justifies a Isakson Nelson (FL) Thune an amendment that removes $11.3 mil- no-bid contract that might have been Jeffords Nelson (NE) Vitter lion from our Corps of Engineers, Sac- Johnson Obama Voinovich entered into in the days after Katrina. Kennedy Pryor Warner ramento River Bank Protection If there is an emergency, it is getting Kerry Reed Wyden Project in California. I have no lack of understanding of control of how the money is being NOT VOTING—2 spent by FEMA. the potential flooding problems occur- Enzi Rockefeller The American people deserve the ring in San Francisco and south of benefits of competition on Government The amendment (No. 3810) was agreed there in California and the way the contracts. Competition is good for to. rain patterns have changed. I am not American business. It is also good for Mrs. MURRAY. I move to reconsider wishing to defeat anything that will government. It helps ensure high qual- the vote, and I move to lay that mo- make a real difference on that. ity and low cost. That is what the tion on the table. This amendment is about a program American people have the right to ex- The motion to lay on the table was that is 46 years old that, according to pect. That is what our amendment agreed to. the Corps’ own statement, is 95 percent seeks to deliver. AMENDMENT NO. 3641, DIVISION XII, WITHDRAWN complete, that we have already spent Before we spend another dollar in the Mr. COBURN. Mr. President, I ask $131 million on, that $10.6 million is gulf coast, let’s make sure we have unanimous consent to set aside the being spent this year, as we speak, on some transparency and accountability pending amendment and call up this program. in place to ensure that Federal money amendment No. 3641, division XII, and I In this supplemental, they are asking is helping those people who need it the ask unanimous consent for its with- for another $11 million for this pro- most, instead of lining the pockets of drawal. gram. I don’t doubt that the $11 million contractors. In our rush to give money The PRESIDING OFFICER. Without will be needed. But it won’t even get to the gulf coast 8 months ago, we objection, it is so ordered. there under this emergency supple- didn’t do that. It was understandable. AMENDMENT NO. 3641, DIVISION XIII, WITHDRAWN mental, through the Corps’ own admis- We were all shell-shocked by what had Mr. COBURN. And I ask unanimous sion, until after September when the happened. But the American people, consent to withdraw division XIII. new year starts. and more importantly the victims of The PRESIDING OFFICER. Without First of all, it does not meet the defi- Katrina, have paid a heavy price. I urge objection, it is so ordered. nition of ‘‘emergency,’’ that it should we not repeat that mistake. I urge my AMENDMENT NO. 3641, DIVISION XIV, WITHDRAWN meet in coming through this bill. What does this program do? This pro- colleagues to support Senator COBURN Mr. COBURN. Mr. President, I ask and me in this effort. unanimous consent division XIV be gram solves and prevents levee erosion Mr. President, I understand the Sen- withdrawn. problems while providing fish and wild- ator from Oklahoma does not wish to The PRESIDING OFFICER. Without life mitigation. That is what the pro- speak on the amendment, so I ask for objection, it is so ordered. gram does. It has been going since 1960. We had $6.3 million included in the the yeas and nays. AMENDMENT NO. 3641, DIVISION XV, WITHDRAWN energy and water appropriations bill The PRESIDING OFFICER. Is there a Mr. COBURN. Mr. President, I ask last year and an additional $10.96 mil- sufficient second? There is a sufficient unanimous consent division XV be lion. The Corps also stated that $57 second. withdrawn. million more is needed for the final Is there further debate? If not, the The PRESIDING OFFICER. Without completion of this project. question is on agreeing to the amend- objection, it is so ordered. This says a lot about the Corps of En- ment. The clerk will call the roll. AMENDMENT NO. 3541, DIVISION XVI, WITHDRAWN gineers and their ability to get things The legislative clerk called the roll. Mr. COBURN. Mr. President, I ask done. Although I might agree we need Mr. MCCONNELL. The following Sen- unanimous consent to withdraw divi- to eventually spend the money for this ator was necessarily absent: the Sen- sion XVI. project, it certainly ought to be paid ator from Wyoming (Mr. ENZI). The PRESIDING OFFICER. Without for and come out of the energy and Mr. DURBIN. I announce that the objection, it is so ordered. water appropriations because the Senator from West Virginia (Mr. AMENDMENT NO. 3641, DIVISION XVII, WITHDRAWN money will not get there to be utilized. ROCKEFELLER) is necessarily absent. Mr. COBURN. Mr. President, I ask They have not even spent the money The PRESIDING OFFICER. Are there unanimous consent to withdraw divi- appropriated on the spend-out this any other Senators in the Chamber de- sion XVII. year. siring to vote? The PRESIDING OFFICER. Without I am not, in substance, against com- The result was announced—yeas 98, objection, it is so ordered. pleting this project. It comes back to nays 0, as follows: AMENDMENT NO. 3641, DIVISION XVIII, the same things we have been talking [Rollcall Vote No. 106 Leg.] WITHDRAWN about. Is it an emergency that we do it YEAS—98 Mr. COBURN. Mr. President, I ask now? And if, in fact, it is an emer- Akaka Brownback Cochran unanimous consent for the withdrawal gency, will the money get there and Alexander Bunning Coleman of division XVIII. make a difference? It won’t. Allard Burns Collins The PRESIDING OFFICER. Without I am asking this go through the reg- Allen Burr Conrad Baucus Byrd Cornyn objection, it is so ordered. ular process, through the energy and Bayh Cantwell Craig Mr. COBURN. Mr. President, I with- water appropriations, that it be au- Bennett Carper Crapo drew amendments for things I still do thorized to the extent that the Sen- Biden Chafee Dayton not agree with that are in this bill. I ators from California would like to Bingaman Chambliss DeMint Bond Clinton DeWine am not going to spend the time in the have it, and that we do it in regular Boxer Coburn Dodd Senate now, but I will spend the time order.

VerDate Aug 31 2005 01:15 May 03, 2006 Jkt 049060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.060 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3881 It would be different if we thought its job correctly the first, third, fourth, With that, I yield the floor, and I this money was really going to make a fifth, up to the 46th time. offer time to the opponents of my difference with the problems in Cali- Enough is enough. No venture would amendment. fornia, but it is not. It will not change ever continue to receive such high Mrs. FEINSTEIN. Mr. President, I one thing in terms of how the Corps op- funding with this track record. am joined in the Senate by my friend erates this program this year. By the Two other questions I think should and colleague, Senator BOXER. We are time the money would get there, it be asked. Does the Corps lack the re- joined at the hip in opposition to this. would have to be reprogrammed any- sources to fund the emergency needs? If there ever was a disaster waiting to how. According to the Office of Management happen, it is the levee situation in the I have some other problems with this and Budget, the Corps of Engineers had State of California. I will take a few program. Ask yourself: If we have $4.5 billion in unobligated balances last minutes to explain why. spent $131 million plus $6.3 million, $137 year and has an estimate of $5.8 billion Let me begin with this fact. We have million already, and the Corps says it in unobligated balances this year. Ac- a comparison of flood protection levels is 95 percent complete, and then they cording to the Corps itself, as of March for major river cities. Sacramento is say they need another $51 million to 30, their unobligated scheduled carry- the only city in the Nation with 85- complete it, how can it be 95 percent over was $1.49 billion. They have the year protection. All comparable cit- complete? money to do this right now. ies—New Orleans, 250-year flood protec- This is not about the need. This is The Sacramento Corps office will tion; Omaha, 250 years; Dallas, 500 about the inefficiencies within the have unobligated balances by the end years; Kansas City, St. Louis, Tacoma, Corps. This is about whether we can of 2006 in excess of $13.5 million. 500 years. get the money to solve a problem that I ask again: Why are we going to bor- The problem is, much of this area is is deemed an emergency at this time, row money when we have the money? 20 feet or more below the river, below but I seriously doubt whether that has If, in fact, it is an emergency, the the flood basins. been the fact. Corps has the money in unobligated I stood in a home in Sacramento on The Corps has been cited on numer- balances to accomplish it. All we need Saturday. It was 20 feet below the level ous occasions by the GAO for its inabil- is an authorization to do that. of the river. That is the problem. The ity to predict costs, stay within the How do we prioritize Federal funds in sedimentary base of soils there is peat, forecasted budget. In fact, some of California? In fiscal year 2006, Cali- and it is easily crumbled. What you have are 2,600 miles of lev- GAO’s strong criticisms have come in fornia has 549 earmarks costing $733 ees—some owned by the Federal Gov- regard to this very work in the Sac- million. In addition, it received $10 ernment, some by the State, some by ramento area. million in earmarks for museums private owners. These levees become I made the point in an earlier amend- alone. That expenditure alone would eroded. And because of the heavy ment with Senator OBAMA that the have been enough to pay for nearly all rain—the heaviest rainfall, I believe, Corps made $5 a cubic yard on every- of this requested work. that I can remember in California— thing we removed in Katrina. That is Are the following museum earmarks there is deep concern about these lev- over 30 million cubic yards. That is $150 more important than protecting the ees. million the Corps took out of the city of Sacramento: $200,000 for the Let me show you the specific area we Homeland Security and the emergency California State Mining and Mineral are talking about. Shown in this pic- appropriations. Why don’t we spend Museum; $550,000 for development and ture is the Sacramento Pocket Area. that money on this? Why do we borrow construction of Noah’s Park at the The Governor, Mr. POMBO of the House, more money against our children and Skirball Cultural Center; $4.35 million and a number of other public officials grandchildren to accomplish this wor- for repairs of Sala Burton Maritime were right in this area—standing right thy goal? Museum, in San Francisco; $300,000 to here—a short time ago. We flew over When I ask those questions, we do the city of San Jacinto for improve- the area. These are homes, all 20 feet not get any answers. No one answers ments to the museum/Extudillo prop- below the river area. There are several the question, can we efficiently be good erty; $175,000 for the M.H. de Young Me- places in this area that are priority stewards of our children and our grand- morial Museum; $500,000 for the con- needs for restoration immediately. children’s money? When is enough struction of a museum also at the San The Governor has declared a state of enough? If this project is, indeed, an Francisco Fine Arts Museum. emergency. The Governor has advanced emergency, as we are being told, we Just the museum earmarks alone State moneys. The Governor has said need to be asking the tough questions. would take care of this. So instead, this is of urgent priority. The fact of How long does it take to shore up lev- what we are going to do, we are going the matter is, at any time, places along ees near Sacramento—46 years for the to borrow money because we do not this levee could go. You would flood Corps to do this job? I have a real have the money to pay for this. 100,000 people in 20 feet of water. Many sneaking suspicion 10 years from now Attempting to attach more funds for would be unable to evacuate. You the Corps will continue to ask us for the project, the project in its 46th year, would have real catastrophe. money to shore up levees in Sac- outside of the regular budget process, The Army Corps of Engineers, ramento. And if that is the case and is an abuse of taxpayer resources, through Colonel Light, the commander they have not completed it, it means takes advantage of the emergency ap- of the Sacramento District, came back. they will not have done a good job on propriations process intended to deal We sat down with Senator COCHRAN, the very job we ask them to do, which only with the most urgent and imme- the chairman of the committee, Sen- is something I contend anyway. diate needs of the devastated gulf re- ator BYRD, Senator DOMENICI, and Sen- These funds may, in fact, be needed. gion, and to provide for our soldiers in ator REID. It was all explained that If that is the case, the Corps of Engi- battle. there is an emergency. Earthquake neers has failed miserably. Senator BOXER said on May 1, 2005, probabilities, for a major earthquake I intend, in my oversight committee, the war should be paid for in the budg- equal to 1906 in San Francisco or high- to ask for an explanation of every et, not in an emergency supplemental. er, are 62 percent by 2030. If there is an penny the Corps has spent on the river The war is known. The cost of the war earthquake equal to what took place in bank protection near Sacramento. Rep- was anticipated by some people that California, the likelihood is that this resentatives of this city and taxpayers this administration fired. The cost of entire area would be flooded and hun- all across the country should be out- this war is spinning out of control. dreds of thousands of people could be raged regarding the irresponsibility of The same can be said for this project. involved. the Corps in carrying out this project. This project was authorized in 1960. It Now, this bill provides $23 million in Forty years and over $130 million later, has received over $100 million and its contingent emergency funding. This we are asked to give the Corps an addi- future costs are known. This should be particular division is $11.3 million. tional $11 million in emergency appro- addressed in the regular appropriations Funding would become available only priations, money we will have to bor- process, not in an emergency supple- if the President requests the money row, all because the Corps cannot do mental. and certifies that it is an emergency.

VerDate Aug 31 2005 03:07 May 03, 2006 Jkt 049060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.063 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3882 CONGRESSIONAL RECORD — SENATE May 2, 2006 As I say, on February 24, the Gov- tell you that these rivers are at his- Mr. COBURN. Will the Senator yield ernor proclaimed this state of emer- toric highs right now. And it is as the for one additional question? gency. He cited 24 critical erosion sites. river begins to decline that they worry Mrs. FEINSTEIN. Yes, I will. That has been changed to 29 because of most because the fear is the water sub- Mr. COBURN. Does it concern you at ongoing erosions due to the current siding will take with it portions of this all that over the 46 years of this high water level. levee. project the engineering by the Corps of Today, there are 400 people from Sac- The work has to be done. Engineers for these levees is requiring ramento who were worried enough It is kind of interesting. I often tell a them to go back now, in 29 places, and about it that they have come to the story of when I was mayor, and the di- fix what they should have done right Capitol to lobby for these funds. The rector of Public Works came to me and the first time? Does that concern you money can become available as soon as said: Madam Mayor, I think if there at all? the President signs the bill and cer- was an earthquake, the rim of Candle- Mrs. FEINSTEIN. Well, of course it tifies the contingent emergency. stick Park would come down. And I does. Of course it concerns me. But we The Sacramento River Bank Protec- thought: What is the likelihood of learn in this business. And I think tion Project is the Federal project that that? I said: How much does it cost? He Katrina was a big learning lesson for repairs these critical erosion sites. told me. And then I thought: I now all of us. And we have not done right This additional funding will ensure know this. I have an obligation to do by our infrastructure. that these sites are repaired in this something about it. We found the One of the problems is, as we have to construction season. Both the State, money. We repaired the rim. And who cut discretionary spending that is non- Senator BOXER, and I have looked very would have thought that the Giants defense, not entitlements, the only carefully: Is this money that could be would have been in the second game of thing we are cutting—we are cutting 18 used this fiscal year, before the end of the World Series, at 5 o’clock, when the percent of what we spend every year. September, on these sites? The answer Loma Prieta earthquake hit, and the These are Federal levees. They are is clearly, yes. rim of Candlestick Park—had it come owned by the Federal Government. Today, President Bush announced he down—would have killed 20,000 people There is a responsibility to protect the is expediting environmental review to sitting directly below it. people behind them. allow construction work on the sites to I am telling you that these levee Mr. COBURN. Will the Senator yield proceed as quickly as possible. banks could breach. I am telling you for one additional question? So President Bush, Governor that 100,000 people and 33,000 homes—as Mrs. FEINSTEIN. Of course. Schwarzenegger, and the Senate Appro- shown right here—could lose their lives Mr. COBURN. Would it make sense to priations Committee all recognize how and their homes. And the evacuation you that we could, in a supplemental, important it is to repair the weakened difficulty is enormous. change the authorization under the levees along the Sacramento River. It seems to me that once we know emergency process so that the Sac- Mr. President, 174 actively eroding this as public officials, we have an ab- ramento Corps could use their $13.5 sites on levee banks have been identi- solute obligation to do something million they are going to have in unob- fied. The highest priority is 29 of these about it. ligated balances at the end of this sites. That is what we are trying to re- The Appropriations Committee has year? We could do that just as well as pair as soon as possible to prevent sub- agreed. The money can be used this fis- borrow an additional $10.9 million divisions, such as this one shown in cal year. And both my colleague and I against our children; could we not? this picture, from being inundated with believe very strongly we should vote Mrs. FEINSTEIN. Well, I have not 20 feet of water. ‘‘no’’ on this amendment. I stood there. I saw it. I saw the dif- looked at this. I was at the Napa River, I would like to yield the floor to my where we have a big flood project, and ference in height. And that is a phe- colleague. I know she is here some- nomenon on the levee. Some might say there is a problem there. The corps where. there told me they could not transfer housing should have never been built Mr. COBURN. Will the Senator yield funds above a certain amount. And I there, but the fact is it was. for a question? The critical sites we are asking Mrs. FEINSTEIN. I certainly will. believe there was some provision in a money for stretch along 137 miles of Mr. COBURN. When you were chang- prior supplemental to prevent the the Sacramento River. They include ing Candlestick Park, you did not bor- transferring of that money. areas of the river in the city of Sac- row money from future generations of Let me say this to the Senator. Do I ramento, and that is this pocket area. Americans to do that? You found it believe this is a life emergency? Yes. Now, these homes sit virtually in the within the budget? I believe that is cor- Do I believe that any day these 100,000 shadow of the levee system, and mod- rect; is it not? people and 33,000 homes could be flood- eling by Sacramento show that a Mrs. FEINSTEIN. Well, it is inter- ed? Yes. Why? Because I know they are breached levee would result in the area esting. City and county budgets have 20 feet below the water level. I know flooding to depths of 17 to 20 feet. to be balanced. The only budgets that the water level is the highest it has This area is called the ‘‘Pocket’’ be- do not have to be balanced are the ever been. I know the levees are eroded. cause the homes sit in a pocket by a State budget, at least in California, I know what they call ‘‘boils’’ are pop- broad curve in the river. and the Federal budget. But we had to ping up all over. Mr. President, 33,000 homes are here; balance our budget, so, yes, I did have I know it could happen. And when it 100,000 people live right here. Colonel to find the money by taking it from happens, it happens so fast because Light, the commander of the Sac- other places. That is true. there is so much water. So because I ramento District of the Corps, has indi- Mr. COBURN. Will the Senator yield know it, and now you know it, we have cated to me, to Senator COCHRAN, to for an additional question? an obligation to do something about it. Senator BYRD, to Senator DOMENICI, to Mrs. FEINSTEIN. I will. And that is what the Government is Senator REID, that this money can be Mr. COBURN. I have said I do not here for: to save lives in the event of an utilized by the Corps now. The reason deny this work needs to be done. Can emergency. they cannot transfer funds is because you foresee that the environmental im- We also know that earthquake prob- prior legislation of this body and the pact assessments for all this will be abilities are way up, and this could be other body prohibits the transfer of completed in time for this money to be devastating. So this work has to be funds above a certain amount in a used this fiscal year? done. We are asking for money in the timely and effective manner. Mrs. FEINSTEIN. Yes. Because I am Energy and Water bill. We will have ad- The repairs consist largely of armor- told the declaration of emergency by ditional money there. We are going ing the levees with rock. Of the 29 the State and the contingent emer- through the regular channels. But this sites, repairs for 5 have been designed gency by the President, which he said high priority work should be done now. already, and the remainder will be de- he would declare this morning, effec- And we should get the money there as signed in the next few months. tively clears that for this particular fast as we possibly can. I do not need to tell you what a work on these particular high-priority It could happen tomorrow, it could major flood would do. I do not need to sites. happen the next day, the next week. I

VerDate Aug 31 2005 02:28 May 03, 2006 Jkt 049060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.065 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3883 could not live with myself if it hap- provements in the Sacramento region. These tection in many places and have made flood pened, and, respectfully, you could not funds are for identified improvements that protection the Sacramento regional Congres- live with yourself if it happened be- can be completed this fiscal year in federally sional delegation’s number one public safety cause you now know it can happen. authorized flood control projects. issue. I support these funds and want to assure Sacramento must achieve a minimum of The PRESIDING OFFICER. The Sen- you that this is a necessary and urgent time 200-year flood protection immediately. ator from California is recognized. for Congress to act. Moreover, any invest- FULL FEDERAL PARTNERSHIP: A CRITICAL Mrs. BOXER. Mr. President, I wish to ment at this time decreases the chances that ELEMENT say to Senator FEINSTEIN how much I Congress will have to respond in the future While local and state leadership are unified appreciate her leadership on this in the with another far more expensive emergency in making flood protection a priority, it is Appropriations Committee. I wish to funding bill to address a widespread flood essential that FY 2007 appropriations fully say to the chairman of the committee disaster in California. fund the $89,240,000 federal share of Sac- how much I appreciate his under- I ask that you recognize this as necessary ramento’s authorized flood protection pro- emergency funding and support this as part gram. Appropriations are critical to con- standing of what we are going through of the supplemental appropriations bill. in our State with historic rains, his- tinuing levee improvements on the Sac- Sincerely, ramento and American rivers and Folsom toric flooding. I thank the Appropria- ARNOLD SCHWARZENEGGER. tions Committee for listening to Sen- Dam—a necessary part of protecting the re- gion’s livelihood and achieving a minimum ator FEINSTEIN when she transmitted a THE SACRAMENTO REGION IS AT GREAT- of 200-year flood protection. request from the two of us and also ER RISK OF FLOODING THAN ANY Similarly, it is essential that federal part- from our Governor. This is a bipartisan OTHER MAJOR U.S. METROPOLITAN ners support and reward state and local ef- request. AREA—FULL FEDERAL PARTNERSHIP forts to enhance flood protection. These ef- I ask unanimous consent to have IS CRITICAL TO PROTECTING THIS forts, which are sustained by state and local VITAL REGION printed in the RECORD a letter written funding initiatives, should be incorporated SACRAMENTO: A REGION AT RISK to Senator COBURN from Governor into the traditional federal/local flood pro- Schwarzenegger. I also ask unanimous The city of Sacramento is at the con- tection partnership using appropriate cred- fluence of two great rivers, the Sacramento iting and reimbursement arrangements. This consent to have printed in the RECORD and the American. And while these rivers is necessary in order to expedite project per- information regarding the Sacramento help shape the Sacramento region’s identity, mitting, contracting, and construction ac- region. they also pose a very real, very serious tivities. There being no objection, the mate- risk—flooding. Mrs. BOXER. I am going to read part rial was ordered to be printed in the A catastrophic flood will devastate lives, of this letter. He says: property and the economy. Nearly a half- RECORD, as follows: Our work to restore structural integrity to STATE OF CALIFORNIA, million residents who make the city of Sac- our levee system began over a year ago. We OFFICE OF THE GOVERNOR, ramento their home will be impacted. That cannot wait for a disaster to strike and must Sacramento, CA, May 2, 2006. number grows to over 2.2 million people use the lessons of Katrina and act now. Prior Hon. TOM COBURN, within the six-county region surrounding the to Katrina, New Orleans had a 250-year level U.S. Senate, Russell Senate Office Building, city. Regionally, one million jobs will be af- of flood protection. Washington, DC. fected by a catastrophic flood and the direct DEAR SENATOR COBURN: I am writing re- and indirect economic loss of property and And then the Governor says: garding your proposed amendment to the economic activity could total nearly $30 bil- Sacramento has 100-year level of flood pro- supplemental appropriations bill that seeks lion. The Sacramento region represents over tection. to block additional funds needed to repair $73.3 billion annually in gross regional prod- That is optimistic. Most experts tell California’s Central Valley levee system. uct. As you may know, I am working very A major flood in the Sacramento region us that it is an 85-year level. And closely with Senator Feinstein and members will send economic shockwaves rippling whether it is 85 years or 100 years, it is of the California Congressional Delegation to throughout the region and state. These in- the lowest of any major city in the secure additional federal funds to share in clude serious impacts to principal transpor- U.S. the costs of repairing California’s Central tation arteries such as interstates 5 and 80, The Governor writes: Valley levee system. The need for funding railway thoroughfares, and Sacramento It is only a matter of time before there is and quick action could not be more urgent International Airport. This jeopardizes over a significant levee breach or system failure. $2.6 billion in Central Valley agriculture and and that is why I have made it my top pri- This is important for the Senator ority to work with our State Legislature to livestock production—a vital national re- enact a major infrastructure bond initiative source. from Oklahoma to hear. I know he has that would dedicate $2.5 billion in state The Sacramento region is a civic, commer- been very gracious in filling me in on funds for urgently needed levee repairs along cial, healthcare and economic hub for great- this and saying: I didn’t go after your this federally authorized flood control sys- er California and must be protected. The other items but just this one. But the tem. Sacramento region serves as the capital of fact is, this one is as important as all Our work to restore structural integrity to California—the world’s sixth largest econ- the rest. The Corps has told us they our levee system began over a year ago. We omy. Sacramento area levees protect nearly need these funds to move forward. one million acres of farmland in the Sac- cannot wait for a disaster to strike and must Here is what the Governor says: use the lessons of Katrina and act now. Prior ramento Valley. At least 10 major hospital to Katrina, New Orleans had a 250-year level facilities are found within the region. In ad- Such [a flooding] event would flood valu- of flood protection. Sacramento has a 100- dition, the Sacramento metropolitan region able farmland that produces food for [our] year level of flood protection. This is the serves as a ‘‘nucleus’’ for state and federal entire nation. lowest of any major city in the United civic activity, providing a home to 1,300 gov- I say to my friend from Oklahoma, States. It is only a matter of time before ernment facilities supplying over 200,000 pub- please, listen to us, because the food there is a significant levee breach or system lic sector jobs. supply for the entire Nation is at failure. Such an event would flood valuable Given all that the city, region, state and stake, according to Governor farmland that produces food for the entire even the nation stand to lose, it is aston- nation. All of Sacramento and other Central ishing that the Sacramento region has the Schwarzenegger, Senator FEINSTEIN, Valley towns would be flooded. According to lowest level of flood protection of any major myself, and a bipartisan delegation in modeling done by the City and County of U.S. metropolitan area. The 1986 high-water the Congress. Sacramento, a single levee breach would event demonstrated the region’s population The Governor says: cause flooding in many areas of the City centers are extremely vulnerable. It is esti- All of Sacramento and other Sacramento with depths over 15 feet. A flood event of this mated that six hours of additional rain dur- Valley towns would be flooded. According to magnitude would cut off Southern Califor- ing that time would have led to catastrophic modeling [that has been done], a single levee nia’s water supply. Such an event would also failure of the region’s flood protection sys- breach would cause flooding in many areas of cause a major economic disruption in Cali- tem. the City with depths over 15 feet. A flood fornia and across the nation. Most troubling Since 1986, federal, state and local inter- event of this magnitude would cut off South- is without action, the lives of thousands of ests have invested over $400 million in levee ern California’s water supply. Californians are at risk. improvements, reservoir re-operations and I say to my friend from Oklahoma, in As you know, Senators Feinstein and floodplain restoration, but critical flood pro- Boxer have worked very closely with Chair- tection deficits, including erosion, stability, this body we are all equal, two Sen- men Cochran and Domenici to include funds levee heights and underseepage, still exist. ators from every State. We have 37 mil- in the pending supplemental appropriations These deficits prevent the Sacramento re- lion people in my State. Sacramento is bill for certain levee and flood control im- gion from achieving even 100-year flood pro- a huge growth area. I will get into the

VerDate Aug 31 2005 03:07 May 03, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.066 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3884 CONGRESSIONAL RECORD — SENATE May 2, 2006 numbers in a minute. We are not talk- money from future generations to do it conservative by taking away $11 mil- ing about a few people being hurt. We rather than make the hard decisions of lion. It is reckless. I hope and pray are talking about a catastrophe. We trimming something else. That is im- that my colleagues are listening to this are talking about farmland. We are portant. debate and are looking at these pic- talking about the State’s water supply. Mrs. BOXER. That is what I just tures and understanding what we are About two-thirds of the water supply said. I said the Senator doesn’t oppose talking about. in the State comes from that northern us doing this. He doesn’t want it in this The Sacramento area faces a triple area. bill. That is my understanding of his flood threat, and it faces it now. We When my friend started, he was very position. I couldn’t disagree with you have a confluence of two major rivers, nice and said he doesn’t doubt the fact more. When my friend quoted me and I the threat of a deteriorating flood con- that the Sacramento levees are a prob- said Iraq should have been in the budg- trol system, and the threat of near lem, and that San Francisco has been et, that is exactly how I feel, because record precipitation this year. We are having problems. I wrote down what he we knew about it. Frankly, we didn’t talking about 165,000 homes, nearly said. He said: San Francisco and the know about this, that we were going to 500,000 residents, the State capital, and area south of there. This is the area have the kind of events we have had, many businesses providing 200,000 jobs. north of San Francisco. This is Sac- the rain and the rain and the rain. I It is also the hub of the six-county re- ramento. I don’t think my friend real- will go into the details of how much gional economy, providing hundreds of ly, with all due respect, gets the intri- rain we have had compared to other thousands of jobs. A major flood along cacies of what we are dealing with years and the fact that anything can the lower Sacramento or American here. There is a difference between happen now. Rivers would cripple the region’s econ- north of San Francisco and south be- The weather patterns are changing. omy. I will go into that tomorrow be- cause north of San Francisco is where When I lived in the bay area in Cali- cause Senator FEINSTEIN and I each we have delta—again, two-thirds of the fornia so many years ago, it is too long have 15 minutes in the morning. I will water supply of our State—the farm- to remember, when I first came here in save some of my talk for then. land and all the rest. South of San the 1960s, you never had rain in March, California has the world’s fifth larg- Francisco, we have Silicon Valley. let alone April. It was dry. It was dry est economy, and we are quibbling over That has other issues. But right now, really from mid-February on. It has $11 million that the Corps says it needs we are talking about the Sacramento been moving forward, and we have to fix up these riverbanks. How out- area, which is north. March as one of the rainiest months rageous, how shortsighted, how foolish. The Governor goes on to talk about and then April. We had a month this I don’t understand why my friend is the economic disruption. Because we year—April—where we had rain almost doing this. We talked. He feels deeply are such a large State, people say when every day. It is unheard of. You can see about it. I respect that. I voted with California sneezes, the country gets a how muddy this is. You can see the him a couple of times. I have been very cold. It is an expression that speaks to breaks here in the riverbank. careful, picking and choosing, sticking the power of our State in terms of eco- I will show you another picture on with the committee when I felt the nomic productivity. And in terms of the other side where there is not as committee was right, joining my the goods coming across into the ports much development but the same thing friend. But I don’t understand this one. of California and going all across into has occurred. These trees were on the This one is inexplicable. your State and everybody else’s—this other side of the riverbank. Look at The average family understands that region is the bread basket. So we ask these trees. They are now buried in the if they have a problem with their roof, you to back off this amendment. water. So if we don’t go ahead with the they fix it. They don’t put it off. They This is so not a partisan issue. The Corps now, when the Corps tells us we fix it so that their home is not de- Governor writes: need to do this now, we are going to stroyed. It is straightforward. As you know, Senators Feinstein and lose this riverbank. We are going to Let’s look at the pocket again. They Boxer have worked closely with Chairmen lose the levees. And then it is too late. call this the pocket of Sacramento; Cochran and Domenici to include funds in My friend says he wants to save 112,000 people are at risk, and you can the pending supplemental . . . for certain money. It reminds me of the old adage see clearly where this riverbank has levee and flood control improvements . . . of penny wise and pound foolish. It is a deteriorated. On New Year’s Day, Cali- I support these funds and want to assure colloquialism, but the fact is, you have you that this is a necessary and urgent time fornians in the northern and central for Congress to act. to prevent things. This is an emer- parts of our State awoke to flooding gency circumstance, as the Governor The Governor came here. He met that cost the State $200 million. We are said. These levees could break. Now we with Senator DOMENICI and many Sen- talking about $11 million so we can have a snowmelt. That snowmelt oc- ators. He said: mitigate what comes next. But precipi- curs, that water gets deeper, the pres- . . . any investment at this time decreases tation after January 1 has kept river the chances that Congress will have to re- sure in that river increases, and the levels very high, further stressing and spond in the future with another far more riverbank begins to disappear, leaving eroding our critical flood control infra- expensive emergency funding bill to address those levees exposed. structure. a widespread flood disaster in California. I wish to refer to a document put to- Precipitation, including snow pack, I ask that you recognize this as a gether by the Chamber of Commerce in as the snows melt, is nearly twice the necessary emergency funding bill. Sup- Sacramento. It reads, ‘‘Sacramento: A normal amount, 174 percent of normal, port this. Region at Risk.’’ Cities and counties and that is just as of last week. And I want to show a picture. Senator don’t like to say, especially chambers the snows are just now starting to FEINSTEIN showed us a version of this. of commerce, we are at risk. They melt. They all tell a story better than I don’t like to say that because they We have another threat to this area. could. Here you have the Sacramento want to have investment. They want My colleague, Senator FEINSTEIN, said River. Here you have thousands and people to come in. They don’t go about it beautifully: How would we feel if we thousands of people. Here you have the saying: We are in danger. And when a did something on this Senate floor levees, and here you have the riverbed. chamber of commerce goes out and today that turned our backs on this And what has happened, if my friend says: We are in danger—and these are issue and then we had a tragedy? would like to take a look at this—I Republicans mostly, and these are as We would not feel very good about it. know he doesn’t question that we need conservative as my friend from Okla- So I am going to save the rest of my a project; he questions whether it be- homa; they know that an investment is talk until tomorrow. But I am going to longs in this bill. I understand. not wasteful spending if, in fact, we are say to you, Mr. President, again thank Mr. COBURN. Will the Senator yield going to save money at the end of the you. It is very rare that we have such for a question? day. How much would we have saved if bipartisan cooperation in our State. Mrs. BOXER. Yes. we had built stronger, better levees in This is not a Republican issue or a Mr. COBURN. I question how we are Louisiana? Untold, probably billions. I Democratic issue. We will have Repub- paying for it. We are borrowing the don’t think my friend is at all a fiscal licans suffer if we have a problem and

VerDate Aug 31 2005 02:28 May 03, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.068 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3885 we will have Democrats suffer. We are That is what it is all about. We could But the money isn’t paid for. It is bor- Californians united. Our Governor has have reprogrammed money within the rowed. So when you take $10.9 million, recognized the crisis. He declared a Corps to get this done. The Governor take your calculator out and put it at state of emergency earlier this year to could ask the legislature for $11 mil- 30 years and amortize it at 6 percent, expedite improvement of this system. lion to get this done starting tomor- you will come up to about $55 million. Everything we did in this bill we row. If there are 29 sites, what we do That is what we are actually going to cleared with the Army Corps and they know about the Corps is it doesn’t do pay to do this $10.9 million because we say they can use this money. They anything fast. In this project, we know are borrowing the money. That is my need this money. They are going to what they have done over the last 46 point. I am not against doing it, not move forward with these repairs. So years has not been sufficient because against getting it done, against preven- my friend from Oklahoma can make they are having these problems. We tion. What I am against is borrowing the case every which way he wants. He will finish the debate tomorrow morn- the money against the future of this can use rhetoric and say anything he ing. The point is, I don’t deny that this country because we refuse to make the wants. The bottom line is this, and I needs to get done. If it is the case that hard choices. will quote Representative Dan Lun- has been made by the Senators from With that, I yield the floor. gren, a Republican, who is very well re- California, then why hasn’t it already Mrs. BOXER. Mr. President, I cannot spected among our Republican friends been done? If there is this impending allow certain things that were said to in this body. He said: emergency, why hasn’t California go unchallenged. My friend says this is Today the Sacramento region has half the ponied up to put up the $11 million that not about paying your share, after he flood protection and twice the risk as did the is so desperately needed right now to said it was about that. He made a big city of New Orleans prior to Katrina. The pay for it, rather than asking the rest point, why doesn’t California do some- cost of recovering from a flood-related dis- of the country’s children and grand- thing? Of course, we are doing some- aster far exceeds the price of guarding children? If this bill had come to the thing. We abide by the law. I have to against it. floor paid for, I would not be out here. say to my friend, if something happens Unlike other issues where we have But it is not paid for. We are going to in California, a bread basket of this come to the floor and it has been Re- go write the bills and bonds to pay for country in many ways, there is going publican versus Democrat, I can hon- this $11 million. Maybe that is what we to be suffering throughout this coun- estly say to you that I stand here rep- should do. Maybe that is the priority try. If something happens to this econ- resenting a bipartisan, strong majority we should have. But I would think that omy, let alone the 112,000 people who in my State and, hopefully, in the Sen- the rest of the American people ought live in this pocket, this particular ate, that says this: The 2005 hurricane to say, where are you getting the amendment will put them at greater season taught us some hard lessons— money? risk. that we neglect shoring up eroded and We are not making hard choices. We My friend says he believes in preven- damaged flood control infrastructure are passing it down the line. I agree if tion. He is a doctor. I am sure he does for major metropolitan areas at our something were to happen, the cost and I am sure he does a wonderful job peril. would be much greater. I am a physi- at that. But he doesn’t believe in pre- We always say we must learn from cian and I believe in prevention. That vention right now, I will tell you that. history. We must surely learn from re- is what this debate is all about, pre- Because that is what Senator FEIN- cent history. Sometimes we forget his- venting America from becoming a sec- STEIN, Governor Schwarzenegger, and tory that occurred way back, but we ond-rate economy because we refuse to both Democratic candidates for Gov- certainly should remember history make hard decisions here on how we ernor—everybody agrees this has to be from a year ago. spend money. That is what this is done. This is a Federal project. This is I urge my colleagues to vote a re- about. I don’t deny the desire to ad- not a State project. This is a Federal sounding no on this Coburn amend- dress this issue. That doesn’t have any- project with a State share. The Army ment and to take a stand for innocent thing to do with it. But if it is an emer- Corps has a responsibility which they people in this valley, in this area, these gency as described at the present time, have stepped up to the plate to do, and farmlands, these farmers, and the econ- why doesn’t California fix it? Why they told us they need these funds. As omy, and don’t take out $11 million hasn’t California ponied up the $11 mil- far as not paying for this, we know that could do so much good to restore lion, which is a small amount there. It that emergencies get special treatment these banks. is the fifth largest economy in the around here because they are emer- I thank the Chair. world. They can come up with $11 mil- gencies. My friend says, why is this an I yield the floor. lion. emergency? Take a look at this. This The PRESIDING OFFICER. The Sen- Mrs. BOXER. Will the Senator yield? isn’t the way a river is supposed to ator from Oklahoma is recognized. Mr. COBURN. Yes. look, the way a riverbank is supposed Mr. COBURN. Mr. President, the ar- Mrs. BOXER. Does the Senator not to look. This isn’t the way a tree that guments that have been made by the know that this is a federally author- was on the land is supposed to look, Senators from California, in terms of ized project? Is the Senator unaware of when it was on the other side of the needing to fix things, are probably ac- that? riverbank. When you get the second curate. But I am sitting here thinking Mr. COBURN. I understand that. highest predicted snow pack melt to myself, if it would take only $11 mil- Mrs. BOXER. Cost sharing goes along known to the history since they start- lion to take care of this, and to know with this project just as with every ed taking down the record, in the his- that the earliest this money is going to other project. So for the Senator to tory of California, yes, you have an be there is 8 weeks, if I were Governor stand up and suggest that we don’t pay emergency. of California, I would find $11 million. I into this project is simply false. I know my friend from Oklahoma left would get that tomorrow. If it is not Mr. COBURN. Reclaiming my time, the floor. I hope he joins me in a pay- going to get done tomorrow, we ought since it is a question, this isn’t about as-you-go budget because I have voted to be asking why not, if the threat is whether you pay your share. It is about for that every year. Frankly, right be- that great and it imperils that much of whether it is an emergency. If it is an fore the Bush administration, we had the economy and that many people. emergency, then why wasn’t it done surpluses. Now we have deficits. I will I still raise the same questions. I am last time? Why are we going back—why admit that. I support pay-as-you-go not denying this needs to get done. I isn’t a Corps that spent 46 years doing budgeting. I have voted for it. We can am denying how we pay for it. We are this project going back to repair what talk about that another day. But this not making the hard choices to cut they didn’t do right in the first place? is a true emergency, just as I believe something else out of the bill to pay I am going back to the main point funding the veterans home in Mis- for this because it is a higher priority. and then I am through. I will talk sissippi was, which I was sorry I didn’t No, what we are doing is taking the again in the morning. Where is the get a chance to vote on. I listened to money from future generations because money coming from? Had the money the debate. I could hardly believe my we refuse to make those hard choices. been paid for, I would not be out here. ears that the Senator from Oklahoma

VerDate Aug 31 2005 02:28 May 03, 2006 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.070 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3886 CONGRESSIONAL RECORD — SENATE May 2, 2006 was objecting to making sure that our The assistant legislative clerk pro- and insert in lieu thereof ‘‘$129,800,000, to re- veterans, elderly veterans, could go ceeded to call the roll. main available until September 30, 2007: Pro- home. What is wrong? Something is Mr. COCHRAN. Mr. President, I ask vided, That the amount provided under this wrong here with these debates. I don’t unanimous consent that the order for heading is designated as an emergency re- quirement pursuant to section 402 of H. Con. know where the heart is, where the the quorum call be rescinded. Res. 95 (109th Congress), the concurrent reso- soul is. I don’t know where the com- The PRESIDING OFFICER. Without lution on the budget for fiscal year 2006.’’. mon sense is. objection, it is so ordered. SEC.—Notwithstanding any other provision I pray and hope that tomorrow, come Mr. COCHRAN. Mr. President, I ask of this Act, the amount provided for ‘‘Diplo- morning, we are able to get the votes unanimous consent that there now be a matic and Consular Programs’’ shall be to keep this funding in the supple- period for the transaction of morning $1,392,600,000. mental. Again, I thank Senator COCH- business, with Senators permitted to Mr. MENENDEZ. Mr. President, last RAN. I thank the Chair for his patience. speak for up to 10 minutes each. Sunday, thousands of Americans gath- I yield the floor. Mr. MENENDEZ. Reserving the right ered here in Washington, DC, and in The PRESIDING OFFICER. The Sen- to object. other cities across the country to focus ator from New Jersey is recognized. The PRESIDING OFFICER. Objec- our attention on the horrific acts being Mr. MENENDEZ. Mr. President, I ask tion is heard. The Senator from New committed a world away in Darfur, unanimous consent that the pending Jersey. Sudan. But it wasn’t a gathering of the amendment be set aside. Mr. MENENDEZ. If I may ask the powerful, although politicians and ce- Mr. ENSIGN. Objection. Presiding Officer a parliamentary ques- lebrities were there. It was a gathering The PRESIDING OFFICER. Objec- tion: If we were to proceed to the Sen- of the American community—of high tion is heard. ator’s unanimous consent request, school students, of members of syna- The Senator from New Jersey is rec- would that obviate the ability to offer gogues and colleges, of churches, of ognized. people of all races, ethnicities, and re- Mr. MENENDEZ. Mr. President, I an amendment during that time pe- ligions. In fact, the movement to stop want to reiterate my motion simply to riod? genocide in Darfur has been led by have an opportunity to offer an amend- The PRESIDING OFFICER. It would. some of the youngest in our society. ment. I think it is an emergency, and Mr. MENENDEZ. Then I have to ob- In New Jersey, students in middle it is a moral imperative to deal with ject. schools have raised funds for refugees. the issue in Darfur, Sudan. So I hope The PRESIDING OFFICER. Objec- Young people at colleges have led the the mere opportunity to have a debate tion is heard. movement to divest from Sudan. They on the floor of the Senate would be al- Mr. COCHRAN. Mr. President, I sug- are not the leaders of the future; they lowed. gest the absence of a quorum. are the leaders of today. I ask unanimous consent that the The PRESIDING OFFICER. The I know that as I stand here calling pending amendment be set aside. clerk will call the roll. for action, I am not alone. In my home The PRESIDING OFFICER. Is there Mr. MENENDEZ. Mr. President, I ask State of New Jersey, high school stu- objection? The Senator from Nevada unanimous consent that the order for Mr. ENSIGN. Reserving the right to the quorum call be rescinded. dents started a nonprofit organization object, I support the Senator from New The PRESIDING OFFICER. Without called Help Darfur Now which raises Jersey. I support the intent of his objection, it is so ordered. awareness and funds for the refugees in amendment and realize there is a se- Mr. MENENDEZ. Mr. President, I ask the Sudan. vere emergency in Darfur about which unanimous consent that the pending Newark, NJ, is the headquarters of many of us feel strongly, and we need amendment be set aside. the Darfur Rehabilitation Project, a to do something there. During consid- The PRESIDING OFFICER. Is there national group started by the Sudanese eration of this bill, we have been trying objection? people living in the United States who to hold the line on spending, to Mr. ENSIGN. Reserving the right to lobby for humanitarian aid, interven- reprioritize. If there is something else object, what I understand is that the tion, and conflict resolution in the the Senator can offer as an offset for Senator from New Jersey is going to Sudan. And across the country, Ameri- this increase in spending, I would be send an amendment to the desk that cans are signing petitions, partici- more than happy to let the amendment has an offset for the funding for Darfur, pating in marches, holding townhall be debated and voted on. But without and with that as a modification to the events and contacting their elected of- an offset, I object. unanimous consent request, I will not ficials to demand that the dire needs of The PRESIDING OFFICER. Objec- object. the Darfurian people be addressed. It tion is heard. The Senator from New The PRESIDING OFFICER. Without seems to me as representatives of the Jersey. objection, it is so ordered. people, it is our job to act. Here in Congress, many of our fellow Mr. MENENDEZ. Mr. President, I say AMENDMENT NO. 3777, AS MODIFIED colleagues in the Senate and in the to my distinguished colleague, if I Mr. MENENDEZ. Mr. President, I House of Representatives have led the may, that we have talked with both call up my amendment that is at the fight for real action to address the the chairman’s staff and with others desk with a modification and ask unan- genocide in Darfur, and I certainly sa- who express the view that this is a imous consent that it be considered at lute them for their hard work. moral imperative and have suggested this time. offsets, none of which have been ac- When we talk about genocide, it The PRESIDING OFFICER. Without seems to me it is almost impossible for cepted. So it is very difficult to have a objection, it is so ordered. The clerk position in which we all agree there is any of us to take the intellectual un- will report the amendment, as modi- derstanding of what that means: the a moral imperative to act and then we fied. reject every offset that is proposed. number of people killed, over what pe- The assistant legislative clerk read riod of time, and for what reason, and Understanding the Senator’s concern, as follows: but also understanding that genocide to comprehend the dimensions of such The Senator from New Jersey [Mr. MENEN- does not have an offset to it, I once atrocities. DEZ], for himself, Mr. LEAHY, Mr. DURBIN, The truth is that each of the esti- again ask unanimous consent that the Mr. SARBANES, Mr. LAUTENBERG, Mr. DODD, mated 200,000 to 400,000 people mur- pending amendment be set aside. and Mr. OBAMA, proposes an amendment The PRESIDING OFFICER. Is there numbered 3777, as modified. dered in Darfur was a father, a mother, a sister, a daughter, or son slaughtered objection? The amendment is as follows: Mr. ENSIGN. Objection. by their own countrymen whose ethnic The PRESIDING OFFICER. Objec- On page 89, line 9, strike ‘‘$69,800,000, to re- makeup and religion was similar to main available until September 30, 2007: Pro- tion is heard. vided, That the amount provided under this their own. Each of these people has a Mr. COCHRAN. Mr. President, I sug- heading is designated as an emergency re- family who mourns them and a com- gest the absence of a quorum. quirement pursuant to section 402 of H. Con. munity that lost them. The PRESIDING OFFICER. The Res. 95 (109th Congress), the concurrent reso- Many of us here cannot imagine what clerk will call the roll. lution on the budget for fiscal year 1006.’’. life is like for the at least 2 million

VerDate Aug 31 2005 02:28 May 03, 2006 Jkt 049060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.071 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3887 who have been displaced in this con- In fact, China, because of its rule that the international community vowed: flict. Those who have survived have the it doesn’t involve itself in any way in Never again. Never again. After we saw scars of watching their relatives and the domestic affairs of other countries, the gruesome slaughter of approxi- neighbors murdered, raped, and sub- has no problem buying oil from a gov- mately 800,000 Tutsis in less than 100 jected to other horrors we cannot ernment committing genocide in the days in Rwanda, we swore: Never again. imagine. Sudan. Then there is the issue of Never again, however, is an empty For the hundreds of thousands of peo- Osama bin Laden, who has denounced promise—it is an empty promise—if we ple who fled to Chad, the terror con- the idea of U.N. troops and in his most do not take action to stop the murder tinues as they face new attacks in this recent audiotape broadcast called on of innocent people when we know it is expanding conflict. Samantha Power, Muslims to fight such a force. happening. who is a Pulitzer Prize winning expert In the past, some steps have been Once again we find ourselves in a po- on genocide, has pointed out that many taken on the part of the United States sition to make that choice, and history women face the essence of a Sophie’s and the international community to is going to judge what we do—not what choice: They can either leave their vil- address the crisis in Darfur, but the vi- we say about never again but what we lages and camps to gather firewood, olence continues. Congress has appro- do when we have the power to do it. facing the likelihood of rape or attack priated funds for African Union peace- For even as I stand here today, I know by the jingaweit, or starve inside the keeping, food aid, and support for refu- the number of dead and displaced per- camp. gees. The United Nations Security sons in Darfur continues to grow. It is in this dire context that the Council has passed various resolutions Genocide is not Sudan’s problem, it is World Food Program announced that it raising concerns about war crimes not Africa’s problem, it is the world’s would be forced to cut the rations to committed in Darfur. The Government problem. It is our problem. And by fail- feed those who are affected by the con- of Sudan and the two rebel groups in- ing to take part in the solution, we flict in Darfur. This means people al- volved are now in negotiations, and I have become part of the problem. As ready facing a humanitarian crisis will know that Deputy Secretary of State Americans and as human beings, we have a moral obligation to help those now only receive half of the rec- Zoellick is there now trying to reach a who are suffering the consequences of ommended level of calories per day. final agreement with the rebels. Yet, genocide and who cannot help them- Even worse are reports that at least despite all of these measures, the sad selves. Now is not the time to forget 200,000 people have been displaced since truth remains that the people of Darfur that obligation, and history will judge January, and that many of those can- face a bleak future of uncertainty, suf- us by the actions we take or fail to not be reached or helped by aid agen- fering, and death. It is time that we take in the next days as we move for- cies. take additional action to stop the A recent article in the New York ward on this amendment. genocide in the Sudan. Jan Egeland, one of the top U.N. hu- Times quoted one senior humanitarian That is why this amendment that I manitarian officials, has said, ‘‘Africa aid official as saying: have had other colleagues join me in is the biggest drama of our time; no- The situation for humanitarian workers would provide $60 million to support where else in the world are so many and the United Nations has never been as bad U.N. peacekeeping in Darfur. I cer- lives at stake as in Africa.’’ Now is the as it is now. The space for us to work is just tainly wish to thank the cosponsors of getting smaller and smaller. time to act. this amendment—Senators LEAHY, Some people might say that the fis- Not surprisingly, the Sudanese Gov- DURBIN, SARBANES, DODD, OBAMA, LAU- cal 2007 budget proposal allocates suffi- ernment, which is supporting the TENBERG, WYDEN, and STABENOW—for cient funds to help the people of the groups that conduct this campaign of their support and for their efforts. Sudan. I would say you cannot put a death and destruction, continues to The African Union troops in Darfur price on human lives. Genocide is not a hinder any attempts by the inter- are clearly overwhelmed by the chal- horror of the past; it is the reality, un- national community to assess the situ- lenge at hand. This amendment would fortunately, of the present. It is an ation and provide aid to the millions of provide critical funding to equip inter- emergency we must face today. The $60 refugees. Just this month, the Suda- national troops and restore law and million this amendment offers will nese Government denied entry into the order to the region of Darfur. Although help put an end to the senseless murder country to Mr. Jan Egeland, a top U.N. the intervention of U.N. troops has not and displacement of the people of official on humanitarian issues. Last been authorized, this amendment Darfur. If American lives were at week, Sudan refused to grant visas to would assure that when it is accom- stake, I am certain we would find the officials who intended to conduct a plished, the money is there, and it will money to act. I hope we have both the U.N. military assessment on planning a increase pressure on the African Union, humanity and the commitment to say peacekeeping operation in Darfur. the Khartoum Government, and the ‘‘never again,’’ to make sure that we do So in a region the size of Texas, 7,000 international community to make sure so in this case. Simon Wiesenthal said, African Union troops have been put in that a U.N. force is put in place in ‘‘For evil to flourish, it only requires place to protect the people of Darfur. Darfur. good men to do nothing.’’ Let us act While I believe the African Union force For those who would question the now to put an end to this evil. is better than nothing, their troop amount—even though it is now offset— I hope my colleagues will see that in numbers are clearly too small. They proposed in this amendment, I would the face of genocide, this is money well are underfunded, underequipped, and like to point out that my amendment spent. I certainly hope we are per- lack a mandate to protect civilians. I adds the same level of funding to the mitted to respond to a moral impera- agree with many of the experts who Contributions for International Peace- tive because history will judge each have said that we need to at least tri- keeping account that has already been and every one of us for how we act in ple the size of the African Union force approved in the House supplemental the face of the genocide going on in as a bridge until we can get a U.N. appropriations bill. There is no other Darfur and in the Sudan. I hope that force operational in Darfur. I also way to get these funds to protect the when it comes time for a vote on this think the President and others have people of Darfur. They are not in the amendment, the chairman will actu- the right idea of using NATO forces to current funds appropriated for fiscal ally be able to accept the amendment provide logistical support while letting year 2006. I think we can all agree that as offset as it is now. I find it some- countries with Muslim populations genocide in Darfur constitutes an times difficult to hear that we have a take the lead on the ground. emergency—an emergency to which moral imperative, that we say ‘‘never Of course, we face some obstacles to this body has a moral obligation to re- again,’’ and yet we put up roadblocks getting a U.N. force into the Sudan and spond. for fulfilling and responding to that controlling the situation. First, the Genocide is not a new phenomenon. moral imperative, and when we offer Chinese continuously stand in the way We have witnessed this hatred and in- solutions to it, there are those who do of the United Nations. Let’s make it humanity many times over the past not like the solution of offsets. simple: The Chinese buy oil from the century. After the world learned the The bottom line is, if it were one of Sudanese, and they don’t want to stop. horrors of the Holocaust, America and us—if it were one of us—thank God we

VerDate Aug 31 2005 04:46 May 03, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.073 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3888 CONGRESSIONAL RECORD — SENATE May 2, 2006 live in the greatest country in the port of the peacekeeping mission. I am New Mexico’s neighbor to the east, world, and it is not, but if it were one hopeful that the House and Senate will Texas, has lost 5,000 head of cattle, of us, if it were our family suffering the soon—very soon—resolve the dif- 5,500 miles of fence, and 4.9 million slaughter, would we be content with ferences between the versions of the acres have burned due to recent the councils of patience and delay? I bill and send it to the President for his wildfires. Severe drought also exists in daresay the answer is no. That is why signature as soon as possible. Millions New Mexico, which is currently facing I feel so passionately that we have an of men, women, and children are wait- one of its worst droughts in the past opportunity to fulfill the commitment ing and praying for us to act and to act 125 years. It is anticipated that great to say ‘‘never again.’’ now. hardship will result in New Mexico as a Mr. President, I yield the floor. I am proud to join with Senator result of this drought. These conditions Ms. STABENOW. Mr. President. MENENDEZ and with colleagues on both require emergency measures be under- The PRESIDING OFFICER. The Sen- sides of the aisle in this critical fund- taken in both States. ator from Michigan. ing amendment regarding the U.N. Although the Appropriations Com- Ms. STABENOW. Mr. President, I peacekeeping mission to put an end to mittee is silent on the intent of the ap- thank my colleague, Senator MENEN- the genocide and bring peace to the propriation to the Emergency Con- DEZ, for his eloquent statement and for people of Darfur. This is an oppor- servation Program, ECP, within the sponsoring this incredibly important tunity for all of us together to do Department of Agriculture, it is my amendment. I am proud to be a cospon- something that will address literally understanding that of the $17 million sor with him and a number of my col- the lives of people who have no one else made available to the ECP in this leg- leagues. It is incredibly important that to turn to but those of us who under- islation, $12 million is to be provided to we act and that we act now. stand what is going on and have the the State of Texas and $5 million is to As Senator MENENDEZ described his ability to act. be provided to the State of New Mex- amendment, it would add $60 million to So on behalf of the human race, I ico. The amendment did not originally address the shortfall in the U.S. con- urge this amendment and other actions include ECP funding, so I want to espe- tribution to the United Nations for be taken as soon as possible. We must cially thank Senator HUTCHISON for her international peacekeeping and to fund act, and we must act now. leadership in requesting that these a U.N. peacekeeping force in Darfur. Mr. President, I yield the floor. funds be included for ECP. The situation in Darfur is alarming, BIOMETRICS Mr. BENNETT. I appreciate the con- and it is a true emergency. In fact, Mr. BYRD. Mr. President, the com- cerns of the distinguished senior Sen- words can’t describe how much of an mittee report accompanying the fiscal ator from New Mexico regarding the emergency this is. Approximately 3.5 year 2006 Iraq/Katrina supplemental ap- ECP provision ontained in title III of million men, women, and children in propriations bill includes the following this legislation. The Senator’s under- the western Darfur region of the Sudan provision: ‘‘The Committee is aware standing of the intent of the ECP ap- are in a fight for their lives against the that the Defense Science Board is propriation is correct. Sudanese Government-sponsored cam- studying the management of the De- Mrs. HUTCHISON. I, too, concur with paign of violence and forced starvation. partment of Defense’s biometrics pro- this assumption with Mr. BENNETT and Since the conflict began in February of gram and will make recommendations Mr. DOMENICI. I appreciate their sup- 2003, recent estimates are that there on whether or not the current struc- port and work on this important provi- are as many as 400,000—400,000—Suda- ture is meeting the needs of the sion. nese people who have died, and more warfighters dependent on the system in Mr. DOMENICI. I thank the distin- than 2 million who have been displaced. Iraq and in the Global War on Terror. guished Senator from Utah, Mr. BEN- By some estimates, 500 people perish The Committee directs no management NETT, and the distinguished Senator every day in Darfur. Five hundred peo- changes be made until the Defense from Texas, Mrs. HUTCHISON for their ple perished today, if those estimates Science Board completes its study and consideration and explanation of this are correct, 500 more will die tomor- informs the Congress of its rec- important matter. row, and 500 more will die the next day. ommendation.’’ Mr. LIEBERMAN. Mr. President, If this is not genocide, I don’t know Would it be the understanding of the Senator BROWNBACK and I wanted to what is, and we must act to stop it as Senator from Hawaii that any new or tell you about our amendment 3741 and soon as possible. ongoing organization, personnel, or the progress we are making on one key The United States has taken the lead management changes within the Army, aspect of the avian flu preparedness in the international community to pro- to include the Biometrics Fusion Cen- front. As we speak, the HHS and vide humanitarian aid and to support ter, be ceased until the Defense Science USAID are collaborating to administer the African Union peacekeeping mis- Board report is complete and briefed to the global avian influenza network for sion in Darfur. However, we must do Congress? surveillance—GAINS program. GAINS more. Clearly we have not done what Mr. INOUYE. Mr. President, that is a smart and targeted investment in we should and we have not done it fast would be my understanding. the USG’s fight against avian flu since enough if 500 people are dying every Mr. BYRD. Does the Senator also wild birds can carry the deadly disease day. agree that until the Defense Science and thus have the potential to spread We must ensure that our contribu- Board, DSB, study is complete and it. HHS and USAID have invested $6 tion to the United Nations Contribu- briefed to Congress, the Biometrics Fu- million from fiscal year 2006 arvian flu tions for International Peacekeeping sion Center should continue to execute supplemental appropriations to estab- Activities account is paid in full so its mission to acquire, test, evaluate, lish GAINS. GAINS will require an- that we are credible when we support a and integrate biometrics, as well as to other $4 million to complete and $10 U.N. peacekeeping mission in Darfur. develop and implement storage meth- million for fiscal year 2007. Senator This amendment helps make that pos- ods for biometrics templates? BROWNBACK and I are pleased to see sible. We must also apply pressure to Mr. INOUYE. I do agree with the dis- that the health appropriations com- the Sudanese Government so that they tinguished ranking member of the full mittee, led by Senators SPECTER and take action to stop the killing or face committee. He has accurately clarified HARKIN, is helping to allocate $200 mil- the consequences of their actions. We this matter. lion in part to carry out global and do- must not sit idly by any longer as peo- Mr. BYRD. I thank my distinguished mestic surveilliance to undertake ac- ple die from a coordinated government- colleague for his comments. tivities of this sort. Our amendment sponsored campaign of violence and EMERGENCY CONSERVATION PROGRAM doesn’t add more money to the avian forced starvation. Mr. DOMENICI. As the Senate is flu supplemental, but it makes clear I am also proud to be a cosponsor of aware, the Southwestem United States HHS’s commitment to GAINS, which the Darfur Peace and Accountability has been devastated by a severe we applaud. Act which calls for assistance to the drought which has resulted in numer- GAINS will systematically test and African Union peacekeepers and urges ous deleterious effects to that part of monitor wild birds, captive wild birds, the President to press for NATO sup- the country. and birds in the wildlife/pet trade to

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In- fraud, and to decide whether to join the cluding those running north-south deed, thanks to this law, more than $17 suit. In addition, my amendment al- through the Americas. billion has been recovered on behalf of lows the administration to seek addi- GAINS is a global surveillance pro- the American taxpayer. Under the tional extensions to keep a case sealed gram supported by an international False Claims Act, whistleblowers are upon a showing of extraordinary cir- network including conservation organi- given a powerful incentive to come for- cumstances. And nothing prevents the zations, bird groups, the poultry indus- ward and expose instances of fraud. Department of Justice from joining a try, vaccine developers, and academic The statute allows them to sue con- case at a later date. institutions representing more than 5 tractors suspected of defrauding the As a matter of good faith to our million members. government, and then to keep a por- troops and to the American taxpayer, With HHS and USAID’s leadership, tion of the recovered funds as a reward. we need to move aggressively against the Wildlife Conservation Society’s, But there is a problem—a big prob- corruption and war profiteering in WCS presence in 56 countries around lem. Scores of lawsuits have been Iraq, Afghanistan, and elsewhere. the world, and the presence of its glob- brought against contractors suspected Stuart Bowen, the Special Inspector al partners, GAINS has a presence in of fraud in Iraq and Afghanistan, in- General for Iraq Reconstruction, has virtually every key country related to cluding Halliburton subsidiary Kellogg issued a number of reports on waste avian influenza. Data shared among Brown and Root. But the Department and fraud in Iraq. He reported that the these partners in the GAINS network of Justice has allowed only one of Coalition Provisional Authority failed will deliver real-time data on viral those suits to go forward in the courts; to account for the expenditure of near- strains carried by wild birds. that lawsuit resulted in a major recov- ly $9 billion in taxpayer funds. The Additional funds for international ery of fraudulently collected payments. money simply disappeared into a black Western Hemisphere work are welcome For reasons that I cannot fathom, the hole. More recently, he reported on a but must be integrated with the exist- Department of Justice is systemati- case of fraud uncovered in the Iraqi ing GAINS system. Parallel efforts cally delaying these law suits and pre- city of Hillah. Here’s how the Special waste limited resources. Like intel- venting the recovery of perhaps bil- Inspector General described it to the ligence data, disease surveillance data lions of dollars in taxpayer money. Wall Street Journal: ‘‘There was no must be shared to be effective in pre- Cases filed under the False Claims oversight anywhere near the [perpetra- venting the enemy—avian influenza in Act are automatically sealed. They tors] at any time, and they did not be- this case—from progressing. The USG cannot go to trial—in fact, they cannot lieve they would be caught. They con- should not fund the creation of sepa- even be publicly disclosed—until the sidered it a free-fraud zone.’’ rate international wild bird surveil- Department of Justice makes a deci- The Hillah fraud, alone, cost tax- lance programs. Instead, these pro- sion about whether to join them. Under payers nearly $100 million. And this is grams must work together. the statute, these decisions are sup- just the tip of the iceberg, as reports of GAINS is a sensible approach to posed to be made within 60 days. But, fraud continue to pour in. The inspec- gather scientific data for the public do- with just one exception, the Depart- tor general’s own Hotline, which has main in as close to real time as pos- ment of Justice has refused to take a been in operation a little more than 2 sible to combat a looming public position on any of the suits related to years, had received 449 cases of fraud, health emergency. Iraq and Afghanistan, some of which waste, abuse, mismanagement, and re- AMENDMENT 3775 were filed more than 3 years ago. In- prisal in Iraq as of January 30. Instead Mr. HARKIN. Mr. President, more stead, the Department has repeatedly of delaying the prosecution of fraud than 3 years into the Iraq war, we have filed for and received indefinite exten- under the False Claims Act, the De- had report after report documenting sions of seal. partment of Justice should be leading rampant corruption and profiteering on As a result, with one exception, every the charge to criminals and war profit- the part of defense contractors, as well single whistleblower lawsuit has been eers to justice. as lax oversight by government offi- effectively blocked by the Department I commend our colleague, the junior cials. A major reason why this is con- of Justice. Fraud has gone unpunished. Senator from North Dakota, Mr. DOR- tinuing largely unchecked is that the Billions of taxpayer dollars continue to GAN, for chairing a Democratic Policy Department of Justice has been sys- be squandered in Iraq, Afghanistan, Committee hearing in February 2005 on tematically delaying whistleblower law and elsewhere. And courageous whistle- the issue of waste, fraud, and abuse in suits brought under the False Claims blowers, who have come forward often Iraq. He heard testimony from Alan Act. Earlier today, I filed an amend- at great personal risk, have been left in Grayson, an attorney who represented ment designed to break this logjam by a legal limbo. As one attorney put it: whistleblowers in the one and only case requiring the Department of Justice to ‘‘The Bush administration has made a allowed by the Department of Justice allow these cases to go forward after a conscious decision to sweep the cases to go forward under the False Claims maximum 1-year review period. I am under the rug for as long as possible. Act. Mr. Grayson described what hap- pleased that Senator JOHNSON is co- And the more bad news that comes out pened to one of those whistleblowers, a sponsoring this amendment. of Iraq, the more motivation they have former FBI agent, who refused to go The cost of the wars in Iraq and Af- to do so.’’ along with the fraud. Said Mr. Gray- ghanistan has risen dramatically in This situation is unacceptable. My son: ‘‘He was held at gunpoint, stripped each of the last 3 years. The Congres- amendment would prevent the Depart- of his weapons and security identifica- sional Research Service reports that ment of Justice from imposing undue tion, and then he was released defense- we are now spending $10 billion a secrecy on false claim civil actions re- less on the streets of Baghdad.’’ month in Iraq, alone. One reason for lated to government spending on Iraq Waste, fraud, and abuse are a fact of these runaway costs is the widespread and Afghanistan by simply requiring life in any war. But in past wars, we corruption in the contracting process: the Department of Justice to make a have had aggressive oversight by con- shoddy work, nonwork, stealing, fraud, decision about joining such cases with- gressional investigative committees. kick-backs, bribes, insider dealings, in- in 1 year, or 4 months in the case of During World War II, the Truman Com- flated billings, and on and on. cases that have already been filed. mission worked relentlessly to root out The waste of billions of dollars in There will be protections against the corruption and war profiteering—a taxpayer money is bad enough. But release of information that could be Democratic Senator investigating a this widespread corruption is also im- detrimental to national security. But, Democratic administration. Senator peding our war effort, slowing recon- after the 1-year period, the allegations Truman denounced war profiteering as

VerDate Aug 31 2005 02:28 May 03, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.027 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3890 CONGRESSIONAL RECORD — SENATE May 2, 2006 ‘‘treason’’—and he was exactly right; it rock, minerals, and soil, analyze their My condolences and prayers go out to is treason and a betrayal of the troops chemical compositions, measure tem- George’s family, and I offer them my in the field. peratures of the Martian surface, and deepest sympathies. Family, friends, Unfortunately, in the current wars in relay this data back to Earth. and fellow soldiers will no longer be Iraq and Afghanistan, there has been In honor of their achievements, the able to enjoy the company of PFC only negligible congressional oversight Iverson students will attend the na- George R. Roehl, Jr. Yet memories of and investigation of war profiteering. tional Space Day 2006 ceremony at this young patriot will last forever That leaves the False Claims Act as NASA’s Goddard Space Flight Center with those who were fortunate enough the last best hope for taxpayers to re- and meet former Senator John Glenn. to have had the opportunity to know cover, yet the Department of Justice They will also have the opportunity to him. He realized a calling and chose to has systematically delayed lawsuits share their knowledge by displaying employ his youthful energy and consid- brought under the act. their project to more than 2,000 sixth erable talents for his country. He un- My amendment will directly address graders from the Washington, DC area. derstood that the freedoms and oppor- this latter problem. By all means, the Their success is reflective of their tunities provided by this Nation need Department of Justice should have hard work, dedication, and creativity continuous defense and that they are ample time to review cases brought as well as Mervin Iverson Elementary among the most precious gifts he can under the False Claims Act. But after a School’s strong commitment to aca- give to his family and loved ones. Be- maximum of 1 year, those cases should demic excellence. Please join me in cause of him, the safety and liberty of be allowed to go forward in the courts honoring Mervin Iverson Elementary each and every American is more se- so that justice is served. School and its Stellar Design Chal- cure. May God bless George Ronald This is a strictly nonpartisan amend- lenges team on this extraordinary ac- Roehl, Jr. complishment. ment. It is all about protecting tax- f payer dollars and ensuring that our f LOCAL LAW ENFORCEMENT troops in the field are not put at risk HONORING OUR ARMED FORCES because of corrupt contractors. I urge ENHANCEMENT ACT OF 2005 PRIVATE FIRST CLASS GEORGE RONALD ROEHL, Mr. SMITH. Mr. President, I rise my colleagues to support this amend- JR. ment. Mr. GREGG. Mr. President, I rise today to speak about the need for hate f today with a heavy heart and a deep crimes legislation. Each Congress, Sen- ator KENNEDY and I introduce hate MORNING BUSINESS sense of gratitude to pay tribute to a brave young man, PFC George Ronald crimes legislation that would add new Mr. ENSIGN. Mr. President, I ask Roehl, Jr., of Manchester, NH, for his categories to current hate crimes law, unanimous consent that there now be a service and his supreme sacrifice for sending a signal that violence of any period of morning business with Sen- his country. kind is unacceptable in our society. ators permitted to speak for up to 10 George was born on January 24, 1985, Likewise, each Congress I have come to minutes each. in Manchester, NH. He graduated from the floor to highlight a separate hate The PRESIDING OFFICER (Mr. Franklin High School, Franklin, NH, in crime that has occurred in our coun- BURR). Without objection, it is so or- 2003 and entered the United States try. dered. Army on November 2, 2004. He subse- In April 2006 the beatings of two gay f quently graduated from basic combat men in separate attacks took place in RECOGNITION OF MERVIN training and advanced individual train- northeast Fort Lauderdale, FL. The IVERSON ELEMENTARY SPACE ing at Ft. Knox, KY, and was assigned first attack involved a gay man who DAY DESIGN CHALLENGE TEAM to Bravo Troop, 7th Squadron, 10th was riding his bicycle. When he passed Cavalry, 1st Brigade, 4th Infantry Divi- a man on the sidewalk, the man yelled Mr. REID. Mr. President, I rise today sion at Ft. Hood, TX, where he served a gay slur and then beat him. Minutes to congratulate Shane Buckley, Brett as a Scout dismount. after the first attack a group of men Hyde, and Luis Rangel of Mervin George, the oldest of five children, forced a gay man into their car, took Iverson Elementary School on their se- risked everything to fight for the val- him to a local park, then beat and lection as a Stellar Design Challenges ues we Americans hold dear, in a coun- robbed him. According to reports, both team for Space Day 2006. I also want to try halfway around the world. Trag- attacks appear to have been motivated recognize their teacher, Katheryn ically, on April 11, 2006, this coura- by the victim’s sexual orientation. Grimes, for her outstanding leadership geous young soldier and two of his I believe that the Government’s first and guidance of the team. comrades died as a result of injuries duty is to defend its citizens, to defend Space Day is an international cele- sustained in Taji, Iraq when an impro- them against the harms that come out bration of the achievements and oppor- vised explosive device detonated near of hate. The Local Law Enforcement tunities in space exploration aimed at their Bradley Fighting Vehicle and Enhancement Act is a symbol that can inspiring students to pursue careers in they subsequently came under small become substance. I believe that by science, technology, engineering, and arms fire during combat operations. passing this legislation and changing mathematics. It reaches hundreds of His awards and decorations include the current law, we can change hearts and thousands of teachers and millions of Bronze Star Medal, the Purple Heart, minds as well. students around the world. Past events the Army Good Conduct Medal, the Na- f in support of Space Day have taken tional Defense Service Medal, the Iraq place in over 25 countries on 6 con- Campaign Medal, the Global War on ADDITIONAL STATEMENTS tinents. Terrorism Service Medal, the Army Created by the Challenger Center for Service Ribbon, the Overseas Service RECOGNITION OF A DUAL CELE- Space Science Education, Space Day Ribbon, and the Combat Action Badge. Design Challenges is a national com- Patriots from the State of New BRATION FOR THE CITY OF petition that encourages students to Hampshire have served our Nation with KERMAN create innovative solutions to the chal- honor and distinction from Bunker Hill ∑ Mrs. BOXER. Mr. President, I rise to lenges of space exploration. The 21 to Baghdad—and George served in that recognize a dual celebration for the Stellar Design Challenges teams were fine tradition. Daniel Webster said, city of Kerman, CA. This year marks selected from more than 259 teams who ‘‘God grants liberty only to those who the 100th anniversary of Kerman as a participated in the competition, mak- love it, and are always ready to guard city in Fresno County and also the 60th ing these students’ work even more im- and defend it.’’ George was one of those anniversary of its incorporation as an pressive. proud and dedicated volunteers who be- official city. The Mervin Iverson Elementary lieved in fighting for our country and In 1891, the Southern Pacific Rail- School team designed a tool to help re- guarding our precious liberty, and for road Company constructed a new line searchers on Mars. The remotely oper- that we will always owe our sincere between Tracy and Fresno. A non- ated tool would collect samples of gratitude. descript watering tank and pump along

VerDate Aug 31 2005 03:07 May 03, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.029 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3891 that line was given the name Collis as cents an hour picking celery, yet the to the President of the United States a tribute to Collis P. Huntington, a strength of character for which he has the following enrolled bill and joint member of the famed ‘‘Big Four’’ of come to be known was only just begin- resolution: western railroading. The first inhab- ning to emerge. By 17, Portillo was S. 592. An act to amend the Irrigation itant, the caretaker of the pump and working for the Civilian Conservation Project Contract Extension Act of 1998 to ex- tank, resigned his job after just a few Corps, helping develop bridges and tend certain contracts between the Bureau of months, not because of the demands of campgrounds, many of which are still Reclamation and certain irrigation water the job but, rather, because the area in use today throughout the State, in- contractors in the States of Wyoming and Nebraska. was too desolate and barren. cluding in Yosemite National Park. S.J. Res. 28. Joint resolution approving the As a speculative venture, the Bank of In 1942, only 30 days after being mar- location of the commemorative work in the California purchased a large tract of ried, Portillo was drafted by the U.S. District of Columbia honoring former Presi- land in every county in California. The Army and sent to join the Allied strug- dent Dwight D. Eisenhower. arid land around what became Kerman gle in Europe during the height of f was chosen as the allotment for Fresno World War II. While serving in the County. After the death of its pro- Army, Portillo honed his boxing skills EXECUTIVE AND OTHER moter, the once prominent bank be- to a fine art and often challenged his COMMUNICATIONS came insolvent and its holdings were fellow soldiers. Portillo returned to Na- The following communications were liquidated. In 1910, the property in tional City after being honorably dis- laid before the Senate, together with Fresno County caught the attention of charged and after receiving four bronze accompanying papers, reports, and doc- two Los Angeles capitalists, William G. service stars as a Sergeant in Company uments, and were referred as indicated: Kerckoff and Jacob Mansar, who saw A 378th Infantry. EC–6598. A communication from the Direc- the tract as an opportunity to purchase After returning home, Portillo dedi- tor, Office of Human Resources Management, a rich water supply from the newly cated himself to improving his commu- Consumer Product Safety Commission, constructed Enterprise Canal. Mr. nity by establishing positive programs transmitting, pursuant to law, the Commis- sion’s report on Category Rating; to the Kerckoff and Mr. Mansar combined the for otherwise troubled neighborhood youth. He was able to keep many of Committee on Commerce, Science, and first three letters of their names and Transportation. renamed the area ‘‘Kerman.’’ these kids off the streets and out of EC–6599. A communication from the Sec- Since its incorporation in 1946, trouble by teaching them the sport of retary of Transportation, transmitting, pur- Kerman has experienced steady growth boxing. With an emphasis on sports- suant to law, a report entitled ‘‘Nonmilitary while retaining its identity and char- manship and discipline, Portillo has Helicopter Urban Noise Study’’; to the Com- acter as a predominately agrarian com- made a positive impact in the lives of mittee on Commerce, Science, and Transpor- munity. Today, Kerman has joined countless children and young adults. tation. His success inspired the creation of the EC–6600. A communication from the Attor- with other thriving cities on the west ney Advisor, Department of Transportation, side of Fresno County along the Inter- Casa Knight, the Casa Men’s Club, transmitting, pursuant to law, the report of state 5 corridor by reaching out to in- Santos and Peewees for boys, and the action on a nomination for the position of dustry through the development of an Knightetts. These recreational groups Administrator, Maritime Administration, re- industrial park. have become fundamental vehicles for ceived on April 27, 2006; to the Committee on From a remote outpost that was once social mobility, encouraging positive Commerce, Science, and Transportation. deemed too isolated for a watering self-image and motivation in both an EC–6601. A communication from the Attor- tank operator to one of the fastest extracurricular and academic capacity. ney Advisor, Department of Transportation, It is with great pleasure that I com- transmitting, pursuant to law, the report of growing cities in Fresno County, the a nomination for the position of Adminis- city of Kerman has served as a shining mend Manuel Portillo for his pas- trator, Federal Transit Administration, re- example to the importance of agri- sionate commitment to helping others ceived on April 27, 2006; to the Committee on culture in California and also to the and tireless efforts to improve the Commerce, Science, and Transportation. virtues of community spirit and diver- broader San Diego community. I wish EC–6602. A communication from the Acting sity. him great success in the future.∑ Director, Office of Sustainable Fisheries, Na- As the residents of Kerman continue f tional Marine Fisheries Service, National to work together to make their city a Oceanic and Atmospheric Administration, MESSAGE FROM THE PRESIDENT transmitting, pursuant to law, the report of better place to call home, I congratu- a rule entitled ‘‘Temporary Rule, Removal of late them on their auspicious dual A message from the President of the United States was communicated to Georges Bank Yellowtail Flounder Trip landmark anniversaries and wish them Limit’’ (I.D. No. 032406B) received on April continued success and good fortune.∑ the Senate by Ms. Evans, one of his 27, 2006; to the Committee on Commerce, secretaries. f Science, and Transportation. f EC–6603. A communication from the Acting HONORING MANUEL PORTILLO Director, Office of Sustainable Fisheries, Na- EXECUTIVE MESSAGE REFERRED ∑ Mrs. BOXER. Mr. President, I rise tional Marine Fisheries Service, National today to honor a remarkable citizen of As in executive session the Presiding Oceanic and Atmospheric Administration, my home State of California, Mr. Officer laid before the Senate a mes- transmitting, pursuant to law, the report of sage from the President of the United a rule entitled ‘‘Fisheries Off West Coast Manuel Portillo, as National City dedi- States and in the Western Pacific; Pacific cates the Casa de Salud Manuel States submitting a nomination which was referred to the Committee on Coast Groundfish Fishery Annual Specifica- Portillo Youth Center in his honor. tions and Management Measures; Inseason Throughout his lifetime, Mr. Portillo Banking, Housing, and Urban Affairs. Adjustments’’ (I.D. No. 112305B) received on has played an exemplary role in em- (The nomination received today is April 27, 2006; to the Committee on Com- powering and improving the lives of printed at the end of the Senate merce, Science, and Transportation. children and young adults throughout proceedings.) EC–6604. A communication from the Acting the San Diego community. His tireless f Director, Office of Sustainable Fisheries, Na- tional Marine Fisheries Service, National efforts to improve his beloved commu- MEASURES READ THE FIRST TIME Oceanic and Atmospheric Administration, nity and his selfless service to our Na- The following bill was read the first transmitting, pursuant to law, the report of tion has made a tangible difference for time: a rule entitled ‘‘Atlantic Highly Migratory Species; Atlantic Shark Quotas and Season countless people. The will and vision of S. 2700. A bill to amend the Clean Air Act Lengths’’ ((RIN0648–AU17) (I.D. No. 012006B)) Mr. Portillo serves as an inspiration to to provide for a Federal Fuels List, and for received on April 27, 2006; to the Committee us all. other purposes. on Commerce, Science, and Transportation. Born in 1920, Mr. Portillo rose from f humble beginnings to become a leader EC–6605. A communication from the Pro- gram Analyst, Federal Aviation Administra- in the San Diego community. As a ENROLLED BILL AND JOINT RESOLUTION PRESENTED tion, Department of Transportation, trans- youth, he developed a passion for the mitting, pursuant to law, the report of a rule sport of boxing that he still enjoys The Secretary of the Senate reported entitled ‘‘Airworthiness Directives; Rolls- today. At age 12, he was earning 25 that on April 27, 2006, she had presented Royce Deutschland Models Tay 650–15 and

VerDate Aug 31 2005 02:40 May 03, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.024 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3892 CONGRESSIONAL RECORD — SENATE May 2, 2006 651–54 Turbofan Engines’’ ((RIN2120–AA64) mitting, pursuant to law, the report of a rule Taiwan in the World Health Organization (Docket No. 2001–NE–02)) received on April entitled ‘‘Airworthiness Directives; Airbus Act, 2004; to the Committee on Foreign Rela- 25, 2006; to the Committee on Commerce, Model A320–111, –211, –212, –214, –231, –232, and tions. Science, and Transportation. –233 Airplanes’’ ((RIN2120–AA64) (Docket No. EC–6625. A communication from the Assist- EC–6606. A communication from the Pro- 2005–NM–217)) received on April 25, 2006; to ant Secretary, Legislative Affairs, Depart- gram Analyst, Federal Aviation Administra- the Committee on Commerce, Science, and ment of State, transmitting, pursuant to tion, Department of Transportation, trans- Transportation. law, the Millennium Challenge Corporation mitting, pursuant to law, the report of a rule EC–6615. A communication from the Pro- (MCC)’s Fiscal Year 2005 Annual Report; to entitled ‘‘Airworthiness Directives; Turbo- gram Analyst, Federal Aviation Administra- the Committee on Foreign Relations. meca Artouste III Series Turboshaft En- tion, Department of Transportation, trans- EC–6626. A communication from the gines’’ ((RIN2120–AA64) (Docket No. 99–NE– mitting, pursuant to law, the report of a rule Human Resources Specialist, Office of the 33)) received on April 25, 2006; to the Com- entitled ‘‘Airworthiness Directives; General Assistant Secretary for Administration and mittee on Commerce, Science, and Transpor- Electric Company CF6–45A, CF6–50A, CF6– Management, Department of Labor, trans- tation. 50C, and CF6–50E Series Turbofan Engines’’ mitting, pursuant to law, the report of the EC–6607. A communication from the Pro- ((RIN2120–AA64) (Docket No. 2005–NE–21)) re- designation of an acting officer and a nomi- nation for the position of Administrator, gram Analyst, Federal Aviation Administra- ceived on April 25, 2006; to the Committee on Wage and Hour Division, Employment tion, Department of Transportation, trans- Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule EC–6616. A communication from the Presi- Standards Administration, received on May 1, 2006; to the Committee on Health, Edu- entitled ‘‘Airworthiness Directives; Pratt dent of the United States, transmitting, pur- cation, Labor, and Pensions. and Whitney JT8D Series Turbofan Engines’’ suant to law, a report relative to the pro- EC–6627. A communication from the Regu- ((RIN2120–AA64) (Docket No. 98–ANE–48)) re- posed acquisition of Ross Catherall US Hold- lations Coordinator, Centers for Medicare ceived on April 25, 2006; to the Committee on ings Inc., by Dubai International Capital and Medicaid Services, Department of Commerce, Science, and Transportation. LLC, a subsidiary of Dubai Holding LLC; to Health and Human Services, transmitting, EC–6608. A communication from the Pro- the Committee on Banking, Housing, and pursuant to law, the report of a rule entitled gram Analyst, Federal Aviation Administra- Urban Affairs. ‘‘Amendment to the Interim Final Regula- tion, Department of Transportation, trans- EC–6617. A communication from the Acting tion for Mental Health Parity’’ (RIN0938– mitting, pursuant to law, the report of a rule Director, Federal Emergency Management AN80) received on May 1, 2006; to the Com- entitled ‘‘Airworthiness Directives; Airbus Agency, Department of Homeland Security, mittee on Health, Education, Labor, and Model A330–200 and –300 Series Airplanes, transmitting, pursuant to law, a report that Pensions. Model A340–200 and –300 Series Airplanes, and funding for the State of Florida as a result of EC–6628. A communication from the Regu- Model A340–541 and A340–642 Airplanes’’ the emergency conditions resulting from the lations Coordinator, Centers for Medicare ((RIN2120–AA64) (Docket No. 2005–NM–250)) influx of evacuees from areas struck by Hur- and Medicaid Services, Department of received on April 25, 2006; to the Committee ricane Katrina beginning on August 29, 2005, Health and Human Services, transmitting, on Commerce, Science, and Transportation. and continuing, has exceeded $5,000,000; to pursuant to law, the report of a rule entitled EC–6609. A communication from the Pro- the Committee on Banking, Housing, and ‘‘Medicaid Program; State Allotments for gram Analyst, Federal Aviation Administra- Urban Affairs. Payment of Medicare Part B Premiums for tion, Department of Transportation, trans- EC–6618. A communication from the Coun- Qualifying Individuals: Federal Fiscal Year mitting, pursuant to law, the report of a rule sel for Legislation and Regulations, Office of 2006’’ (RIN0938–AO31) received on May 1, 2006; entitled ‘‘Airworthiness Directives; Housing, Department of Housing and Urban to the Committee on Finance. Turbomeca S.A. Arrius Models 2B, 2B1, and Development, transmitting, pursuant to law, EC–6629. A communication from the Regu- 2F Turboshaft Engines’’ ((RIN2120–AA64) the report of a rule entitled ‘‘Mortgage Time lations Coordinator, Centers for Medicare (Docket No. 2000–NE–12)) received on April Limits for Supplemental Claims for Addi- and Medicaid Services, Department of 25, 2006; to the Committee on Commerce, tional Insurance Benefits’’ ((RIN2502–AI31) Health and Human Services, transmitting, Science, and Transportation. (FR–4957–F–02)) received on May 1, 2006; to pursuant to law, the report of a rule entitled EC–6610. A communication from the Pro- the Committee on Banking, Housing, and ‘‘Medicare Program; Inpatient Psychiatric gram Analyst, Federal Aviation Administra- Urban Affairs. Facilities Prospective Payment System Pay- tion, Department of Transportation, trans- EC–6619. A communication from the Execu- ment Update for Rate Year Beginning July 1, mitting, pursuant to law, the report of a rule tive Secretary and Chief of Staff, U.S. Agen- 2006 (RY 2007)’’ (RIN0938–AN82) received on entitled ‘‘Airworthiness Directives; cy for International Development, transmit- May 1, 2006; to the Committee on Finance. Raytheon Model DH.125, HS.125, and BH.125 ting, pursuant to law, the report of action on EC–6630. A communication from the Regu- Series Airplanes; Model BAe.125 Series 800A, a nomination for the position of Adminis- lations Officer, Social Security Administra- 800B, 1000A, and 1000B Airplanes; and Model trator, received on May 1, 2006; to the Com- tion, transmitting, pursuant to law, the re- Hawker 800 and 1000 Airplanes’’ ((RIN2120– mittee on Foreign Relations. port of a rule entitled ‘‘Civil Monetary Pen- AA64) (Docket No. 2005–NM–017)) received on EC–6620. A communication from the Assist- alties, Assessments and Recommended Ex- April 25, 2006; to the Committee on Com- ant Secretary, Legislative Affairs, Depart- clusions’’ (RIN0960–AG08) received May 1, merce, Science, and Transportation. ment of State, transmitting, pursuant to 2006; to the Committee on Finance. EC–6631. A communication from the Chief, EC–6611. A communication from the Pro- law, the Department’s ‘‘Report to Congress Publications and Regulations Branch, Inter- gram Analyst, Federal Aviation Administra- on Arms Control, Nonproliferation and Dis- nal Revenue Service, Department of the tion, Department of Transportation, trans- armament Studies Completed in 2004’’; to the Treasury, transmitting, pursuant to law, the mitting, pursuant to law, the report of a rule Committee on Foreign Relations. report of a rule entitled ‘‘Exempt Facility entitled ‘‘Airworthiness Directives; EC–6621. A communication from the U.S. Bonds for Qualified Highway or Surface Aviointeriors S.p.A., Series 312 Box Mounted Global AIDS Coordinator, Department of Freight Transfer Facilities Notice’’ (Notice Seats; Correction’’ ((RIN2120–AA64) (Docket State, transmitting, pursuant to law, a re- 2006–45) received on May 1, 2006; to the Com- No. FAA–2005–20848)) received on April 25, port entitled ‘‘The President’s Emergency mittee on Finance. 2006; to the Committee on Commerce, Plan for AIDS Relief: Report on Education’’; EC–6632. A communication from the Chief, Science, and Transportation. to the Committee on Foreign Relations. Publications and Regulations Branch, Inter- EC–6612. A communication from the Pro- EC–6622. A communication from the Assist- nal Revenue Service, Department of the gram Analyst, Federal Aviation Administra- ant Secretary, Legislative Affairs, Depart- Treasury, transmitting, pursuant to law, the tion, Department of Transportation, trans- ment of State, transmitting, pursuant to report of a rule entitled ‘‘Life/Non-Life mitting, pursuant to law, the report of a rule law, the Department’s Fiscal Year 2005 An- Tracking Rule’’ ((RIN1545–BE86)(TD 9258)) re- entitled ‘‘Airworthiness Directives; Bom- nual Report on U.S. Government Assistance ceived on May 1, 2006; to the Committee on bardier Model CL–600–1A11, CL–600–2A12, and to Eastern Europe under the Support for Finance. CL–600–2B16 Airplanes’’ ((RIN2120–AA64) East European Democracy (SEED) Act and EC–6633. A communication from the Sec- (Docket No . 2005–NM–156)) received on April the Fiscal Year 2005 Report on U.S. Govern- retary, Department of Agriculture, transmit- 25, 2006; to the Committee on Commerce, ment Assistance to and Cooperative Activi- ting, pursuant to law, the Department’s an- Science, and Transportation. ties with Eurasia; to the Committee on For- nual report entitled ‘‘Assessment of the Cat- EC–6613. A communication from the Pro- eign Relations. tle, Hog, and Poultry Industries’’; to the gram Analyst, Federal Aviation Administra- EC–6623. A communication from the Assist- Committee on Agriculture, Nutrition, and tion, Department of Transportation, trans- ant Administrator, Bureau for Legislative Forestry. mitting, pursuant to law, the report of a rule and Public Affairs, U.S. Agency for Inter- EC–6634. A communication from the Sec- entitled ‘‘Airworthiness Directives; Bom- national Development, transmitting, pursu- retary, Department of Agriculture, transmit- bardier Model DHC–8–400 Series Airplanes’’ ant to law, the Agency’s Buy American Act ting, a report of draft legislation entitled ((RIN2120–AA64) (Docket No. 2005–NM–144)) Report for Fiscal Year 2004; to the Com- ‘‘Agriculture Conservation Experienced received on April 25, 2006; to the Committee mittee on Foreign Relations. Services Act of 2006’’; to the Committee on on Commerce, Science, and Transportation. EC–6624. A communication from the Assist- Agriculture, Nutrition, and Forestry. EC–6614. A communication from the Pro- ant Secretary, Legislative Affairs, Depart- EC–6635. A communication from the Legis- gram Analyst, Federal Aviation Administra- ment of State, transmitting, pursuant to lative Affairs Branch Chief, Natural Re- tion, Department of Transportation, trans- law, a report relative to the Participation of sources Conservation Service, Department of

VerDate Aug 31 2005 02:40 May 03, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.044 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3893 Agriculture, transmitting, pursuant to law, pursuant to law, the report of a rule entitled INTRODUCTION OF BILLS AND the report of a rule entitled ‘‘Grassland Re- ‘‘Fomesafen; Pesticide Tolerance’’ (FRL No. JOINT RESOLUTIONS serve Program Final Rule’’ (RIN0578–AA38) 8062–6) received on May 1, 2006; to the Com- received on April 28, 2006; to the Committee mittee on Agriculture, Nutrition, and For- The following bills and joint resolu- on Agriculture, Nutrition, and Forestry. estry. tions were introduced, read the first EC–6636. A communication from the Con- EC–6645. A communication from the Prin- and second times by unanimous con- gressional Review Coordinator, Animal and cipal Deputy Associate Administrator, Office sent, and referred as indicated: Plant Health Inspection Service, Department of Policy, Economics, and Innovation, Envi- By Mr. ALLEN (for himself and Mr. of Agriculture, transmitting, pursuant to ronmental Protection Agency, transmitting, WARNER): law, the report of a rule entitled ‘‘Gypsy pursuant to law, the report of a rule entitled S. 2690. A bill to designate the facility of Moth Generally Infested Areas; Ohio, West ‘‘Flumioxazin; Pesticide Tolerance’’ (FRL the United States Postal Service located at Virginia, and Wisconsin’’ (APHIS–2006–0029) No. 8057–5) received on May 1, 2006; to the 8801 Sudley Road in Manassas, Virginia, as received on May 1, 2006; to the Committee on Committee on Agriculture, Nutrition, and the ‘‘Harry J. Parrish Post Office’’; to the Agriculture, Nutrition, and Forestry. Forestry. Committee on Homeland Security and Gov- EC–6637. A communication from the Con- EC–6646. A communication from the Prin- ernmental Affairs. gressional Review Coordinator, Animal and cipal Deputy Associate Administrator, Office By Mr. CORNYN (for himself, Mr. Plant Health Inspection Service, Department of Policy, Economics, and Innovation, Envi- ALLEN, Mr. ENZI, Mr. LOTT, Mr. AL- of Agriculture, transmitting, pursuant to ronmental Protection Agency, transmitting, LARD, and Mr. BENNETT): law, the report of a rule entitled ‘‘Tuber- pursuant to law, the report of a rule entitled culosis in Captive Cervids; Extend Interval ‘‘Azoxystrobin; Pesticide Tolerance’’ (FRL S. 2691. A bill to amend the Immigration for Conducting Reaccreditation Test’’ (Dock- No. 8063–2) received on May 1, 2006; to the and Nationality Act to increase competitive- et No. 04–094–2) received on May 1, 2006; to Committee on Agriculture, Nutrition, and ness in the United States, and for other pur- the Committee on Agriculture, Nutrition, Forestry. poses; to the Committee on the Judiciary. and Forestry. EC–6647. A communication from the Prin- By Mr. LEVIN (for himself and Mr. EC–6638. A communication from the Con- cipal Deputy Associate Administrator, Office DEWINE): gressional Review Coordinator, Animal and of Policy, Economics, and Innovation, Envi- S. 2692. A bill to suspend temporarily the Plant Health Inspection Service, Department ronmental Protection Agency, transmitting, duty on certain microphones used in auto- of Agriculture, transmitting, pursuant to pursuant to law, the report of a rule entitled motive interiors; to the Committee on Fi- law, the report of a rule entitled ‘‘States Ap- ‘‘Boscalid; Pesticide Tolerance’’ (FRL No. nance. proved To Receive Stallions and Mares From 8064–4) received on May 1, 2006; to the Com- By Mr. BURNS: CEM-Affected Regions; Indiana’’ (APHIS– mittee on Agriculture, Nutrition, and For- S. 2693. A bill to prevent congressional re- 2006–0020) received on May 1, 2006; to the estry. apportionment distortions; to the Com- Committee on Agriculture, Nutrition, and EC–6648. A communication from the Prin- mittee on Homeland Security and Govern- Forestry. cipal Deputy Associate Administrator, Office mental Affairs. EC–6639. A communication from the Ad- of Policy, Economics, and Innovation, Envi- By Mr. CRAIG (for himself and Mr. ministrator, Agricultural Marketing Serv- ronmental Protection Agency, transmitting, GRAHAM): ice, Department of Agriculture, transmit- pursuant to law, the report of a rule entitled S. 2694. A bill to amend title 38, United ting, pursuant to law, the report of a rule en- ‘‘Dimethenamid-p; Pesticide Tolerances for States Code, to remove certain limitation on titled ‘‘Oranges, Grapefruit, Tangerines, and Emergency Exemptions’’ (FRL No. 7770–8) re- attorney representation of claimants for vet- Tangelos Grown in Florida; Modifying Proce- ceived on May 1, 2006; to the Committee on erans benefits in administrative proceedings dures and Establishing Regulations to Limit Agriculture, Nutrition, and Forestry. before the Department of Veterans Affairs, Shipments of Small Sizes of Red Seedless EC–6649. A communication from the Chair- and for other purposes; to the Committee on Grapefruit’’ (FV05–905–2 FIR) received on man, United States Sentencing Commission, Veterans’ Affairs. May 1, 2006; to the Committee on Agri- transmitting, pursuant to law, the report on By Mr. CORNYN (for himself and Mr. culture, Nutrition, and Forestry. amendments to federal sentencing guide- LIEBERMAN): EC–6640. A communication from the Ad- lines, policy statements and official com- S. 2695. A bill to provide for Federal agen- ministrator, Agricultural Marketing Serv- mentary; to the Committee on the Judiciary. cies to develop public access policies relating ice, Department of Agriculture, transmit- EC–6650. A communication from the Asso- to research conducted by employees of that ting, pursuant to law, the report of a rule en- ciate Attorney General, Department of Jus- agency or from funds administered by that titled ‘‘Tart Cherries Grown in the States of tice, transmitting, pursuant to law, the De- agency; to the Committee on Homeland Se- Michigan, et al.; Change in Certain Provi- partment’s 2005 annual report on certain ac- curity and Governmental Affairs. sions/Procedures Under the Handling Regula- tivities pertaining to the Freedom of Infor- By Mr. TALENT (for himself, Mrs. LIN- tions for Tart Cherries’’ (FV06–930–1 FR) re- mation Act (FOIA); to the Committee on the COLN, Mr. COLEMAN, Ms. LANDRIEU, ceived on May 1, 2006; to the Committee on Judiciary. Mr. PRYOR, Mr. BOND, Mr. DORGAN, Agriculture, Nutrition, and Forestry. EC–6651. A communication from the Direc- and Mr. VITTER): EC–6641. A communication from the Ad- tor, Administrative Office of the United S. 2696. A bill to extend all of the author- ministrator, Agricultural Marketing Serv- States Courts, transmitting, pursuant to izations of appropriations and direct spend- ice, Department of Agriculture, transmit- law, the Director’s annual report on applica- ing programs under the Farm Security and ting, pursuant to law, the report of a rule en- tions for court orders made to federal and Rural Investment Act of 2002 until after im- titled ‘‘Marketing Order Regulating the Han- state courts to permit the interception of plementing legislation for the Doha Develop- dling of Spearmint Oil Produced in the Far wire, oral, or electronic communications ment Round of World Trade Organization ne- West; Salable Quantities and Allotment Per- during calendar year 2005; to the Committee gotiations is enacted into law, and for other centages for the 2006–2007 Marketing Year’’ on the Judiciary. purposes; to the Committee on Agriculture, (FV06–985–1 FR) received on May 1, 2006; to Nutrition, and Forestry . the Committee on Agriculture, Nutrition, f By Mr. LUGAR (for himself, Mr. BIDEN, and Forestry. EC–6642. A communication from the Ad- EXECUTIVE REPORTS OF Mr. KERRY, and Mr. OBAMA): ministrator, Agricultural Marketing Serv- COMMITTEES S. 2697. A bill to establish the position of the United States Ambassador for ASEAN; ice, Department of Agriculture, transmit- The following executive reports of ting, pursuant to law, the report of a rule en- to the Committee on Foreign Relations . titled ‘‘Apricots Grown in Designated Coun- nominations were submitted: By Mr. ALLARD (for himself and Mr. ties in Washington; Temporary Suspension By Ms. COLLINS for the Committee on SALAZAR): of Container Regulations’’ (FV06–922–1 IFR) Homeland Security and Governmental Af- S. 2698. A bill to establish the Granada Re- received on May 1, 2006; to the Committee on fairs. location Center National Historic Site as an Agriculture, Nutrition, and Forestry. Mark D. Acton,* of Kentucky, to be a Com- affiliated unit of the National Park System; EC–6643. A communication from the Prin- missioner of the Postal Rate Commission for to the Committee on Energy and Natural Re- cipal Deputy Associate Administrator, Office a term expiring October 14, 2010. sources. of Policy, Economics, and Innovation, Envi- Uttam Dhillon,* of California, to be Direc- By Mr. BROWNBACK (for himself and ronmental Protection Agency, transmitting, tor of the Office of Counternarcotics En- Mr. LIEBERMAN): pursuant to law, the report of a rule entitled forcement, Department of Homeland Secu- S. 2699. A bill to promote the research and ‘‘Glufosinate Ammonium; Pesticide Toler- rity. development of drugs related to neglected ance’’ (FRL No. 8060–3) received on May 1, *Nomination was reported with rec- and tropical diseases, and for other purposes; to the Committee on the Judiciary. 2006; to the Committee on Agriculture, Nu- ommendation that it be confirmed sub- trition, and Forestry. By Mr. BURR (for himself and Mr. EC–6644. A communication from the Prin- ject to the nominee’s commitment to ALLEN): cipal Deputy Associate Administrator, Office respond to requests to appear and tes- S. 2700. A bill to amend the Clean Air Act of Policy, Economics, and Innovation, Envi- tify before any duly constituted com- to provide for a Federal Fuels List, and for ronmental Protection Agency, transmitting, mittee of the Senate. other purposes; read the first time.

VerDate Aug 31 2005 04:46 May 03, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.047 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3894 CONGRESSIONAL RECORD — SENATE May 2, 2006 SUBMISSION OF CONCURRENT AND sor of S. 1799, a bill to amend title II of kota (Mr. JOHNSON) was added as a co- SENATE RESOLUTIONS the Social Security Act to provide that sponsor of S. 2503, a bill to amend the The following concurrent resolutions the reductions in social security bene- Internal Revenue Code of 1986 to pro- and Senate resolutions were read, and fits which are required in the case of vide for an extension of the period of referred (or acted upon), as indicated: spouses and surviving spouses who are limitation to file claims for refunds on By Mr. BAYH: also receiving certain government pen- account of disability determinations by S. Res. 459. A resolution expressing the sions shall be equal to the amount by the Department of Veterans Affairs. sense of the Senate regarding United States which two-thirds of the total amount S. 2510 participation and agreement in the Doha De- of the combined monthly benefit (be- At the request of Mr. DURBIN, the velopment Round of the World Trade Organi- fore reduction) and monthly pension name of the Senator from New York zation; to the Committee on Finance. exceeds $1, 200, adjusted for inflation. (Mr. SCHUMER) was added as a cospon- By Mr. COLEMAN (for himself, Mr. S. 1840 sor of S. 2510, a bill to establish a na- FEINGOLD, and Mr. DAYTON): S. Res. 460. A resolution expressing the At the request of Mr. THUNE, the tional health program administered by sense of the Senate that the United States name of the Senator from Maine (Ms. the Office of Personnel Management to should increase its support to the people of COLLINS) was added as a cosponsor of S. offer health benefits plans to individ- Somalia in their efforts to end decades of vi- 1840, a bill to amend section 340B of the uals who are not Federal employees, olence, establish lasting peace, form a demo- Public Health Service Act to increase and for other purposes. cratically elected and stable central govern- the affordability of inpatient drugs for S. 2557 ment, and become an effective partner in Medicaid and safety net hospitals. eradicating radicalism and terrorism from At the request of Mr. SPECTER, the their country and the region; to the Com- S. 1923 name of the Senator from Colorado mittee on Foreign Relations. At the request of Ms. SNOWE, the (Mr. SALAZAR) was added as a cospon- By Mr. LOTT (for himself, Mr. DURBIN, name of the Senator from Mississippi sor of S. 2557, a bill to improve com- Mr. LUGAR, and Mr. BIDEN): (Mr. COCHRAN) was added as a cospon- petition in the oil and gas industry, to S. Res. 461. A resolution supporting and sor of S. 1923, a bill to address small strengthen antitrust enforcement with commending the supporters of the Jefferson business investment companies li- regard to industry mergers, and for Awards for Public Service for encouraging all citizens of the United States to embark censed to issue participating deben- other purposes. on a life of public service and recognizing tures, and for other purposes. S. 2614 those citizens who have already performed S. 2140 At the request of Mr. THUNE, the extraordinary deeds for their community and At the request of Mr. HATCH, the name of the Senator from Colorado country; considered and agreed to. names of the Senator from Montana (Mr. SALAZAR) was added as a cospon- By Mr. DEMINT: (Mr. BURNS), the Senator from Arizona sor of S. 2614, a bill to amend the Solid S. Con. Res. 92. A concurrent resolution en- couraging all 50 States to recognize and ac- (Mr. KYL) and the Senator from Ala- Waste Disposal Act to establish a pro- commodate the release of public school pu- bama (Mr. SESSIONS) were added as co- gram to provide reimbursement for the pils from school attendance to attend off- sponsors of S. 2140, a bill to enhance installation of alternative energy re- campus religious classes at their churches, protection of children from sexual ex- fueling systems. synagogues, houses of worship, and faith- ploitation by strengthening section S. 2616 based organizations; to the Committee on 2257 of title 18, United States Code, re- At the request of Mr. SANTORUM, the the Judiciary. quiring producers of sexually explicit name of the Senator from Mississippi f material to keep and permit inspection (Mr. COCHRAN) was added as a cospon- ADDITIONAL COSPONSORS of records regarding the age of per- sor of S. 2616, a bill to amend the Sur- formers, and for other purposes. S. 311 face Mining Control and Reclamation S. 2178 At the request of Mr. SMITH, the Act of 1977 and the Mineral Leasing name of the Senator from New Jersey At the request of Mr. SCHUMER, the Act to improve surface mining control (Mr. MENENDEZ) was added as a cospon- name of the Senator from New Jersey and reclamation, and for other pur- sor of S. 311, a bill to amend title XIX (Mr. MENENDEZ) was added as a cospon- poses. of the Social Security Act to permit sor of S. 2178, a bill to make the steal- S. CON. RES. 91 States the option to provide medicaid ing and selling of telephone records a At the request of Mr. NELSON of Flor- coverage for low-income individuals in- criminal offense. ida, the name of the Senator from Mis- fected with HIV. S. 2292 souri (Mr. TALENT) was added as a co- S. 511 At the request of Mr. SPECTER, the sponsor of S. Con. Res. 91, a concurrent At the request of Mr. DEMINT, the name of the Senator from New Mexico resolution expressing the sense of Con- name of the Senator from Florida (Mr. (Mr. BINGAMAN) was added as a cospon- gress that the President should post- MARTINEZ) was added as a cosponsor of sor of S. 2292, a bill to provide relief for humously award the Presidential S. 511, a bill to provide that the ap- the Federal judiciary from excessive Medal of Freedom to Leroy Robert proved application under the Federal rent charges. ‘‘Satchel’’ Paige. Food, Drug, and Cosmetic Act for the S. 2322 S. RES. 420 drug commonly known as RU–486 is At the request of Mr. ENZI, the name At the request of Mr. SMITH, the deemed to have been withdrawn, to of the Senator from Mississippi (Mr. name of the Senator from Pennsyl- provide for the review by the Comp- LOTT) was added as a cosponsor of S. vania (Mr. SANTORUM) was added as a troller General of the United States of 2322, a bill to amend the Public Health cosponsor of S. Res. 420, a resolution the process by which the Food and Service Act to make the provision of expressing the sense of the Senate that Drug Administration approved such technical services for medical imaging effective treatment and access to care drug, and for other purposes. examinations and radiation therapy for individuals with psoriasis and psori- S. 1687 treatments safer, more accurate, and atic arthritis should be improved. At the request of Ms. MIKULSKI, the less costly. S. RES. 458 name of the Senator from Delaware S. 2401 At the request of Mr. ALEXANDER, the (Mr. CARPER) was added as a cosponsor At the request of Mr. BAUCUS, the names of the Senator from Mississippi of S. 1687, a bill to amend the Public name of the Senator from Colorado (Mr. LOTT) and the Senator from Ne- Health Service Act to provide waivers (Mr. SALAZAR) was added as a cospon- braska (Mr. HAGEL) were added as co- relating to grants for preventive health sor of S. 2401, a bill to amend the Inter- sponsors of S. Res. 458, a resolution af- measures with respect to breast and nal Revenue Code of 1986 to extend cer- firming that statements of national cervical cancers. tain energy tax incentives, and for unity, including the National Anthem, S. 1799 other purposes. should be recited or sung in English. At the request of Ms. MIKULSKI, the S. 2503 AMENDMENT NO. 3599 name of the Senator from Washington At the request of Mrs. LINCOLN, the At the request of Mr. LUGAR, the (Ms. CANTWELL) was added as a cospon- name of the Senator from South Da- names of the Senator from Louisiana

VerDate Aug 31 2005 04:46 May 03, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.036 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3895 (Ms. LANDRIEU) and the Senator from amendment No. 3708 proposed to H.R. AMENDMENT NO. 3747 Florida (Mr. NELSON) were added as co- 4939, a bill making emergency supple- At the request of Mr. REED, the sponsors of amendment No. 3599 pro- mental appropriations for the fiscal names of the Senator from Massachu- posed to H.R. 4939, a bill making emer- year ending September 30, 2006, and for setts (Mr. KERRY), the Senator from gency supplemental appropriations for other purposes. Connecticut (Mr. LIEBERMAN) and the the fiscal year ending September 30, AMENDMENT NO. 3717 Senator from Massachusetts (Mr. KEN- 2006, and for other purposes. At the request of Mr. BIDEN, the NEDY) were added as cosponsors of AMENDMENT NO. 3628 names of the Senator from Oregon (Mr. amendment No. 3747 intended to be pro- At the request of Ms. LANDRIEU, her WYDEN) and the Senator from New Jer- posed to H.R. 4939, a bill making emer- name was added as a cosponsor of sey (Mr. LAUTENBERG) were added as gency supplemental appropriations for amendment No. 3628 proposed to H.R. cosponsors of amendment No. 3717 in- the fiscal year ending September 30, 4939, a bill making emergency supple- tended to be proposed to H.R. 4939, a 2006, and for other purposes. mental appropriations for the fiscal bill making emergency supplemental At the request of Mr. SARBANES, his year ending September 30, 2006, and for appropriations for the fiscal year end- name was added as a cosponsor of other purposes. ing September 30, 2006, and for other amendment No. 3747 intended to be pro- AMENDMENT NO. 3657 purposes. posed to H.R. 4939, supra. At the request of Mr. LEAHY, the AMENDMENT NO. 3718 AMENDMENT NO. 3748 name of the Senator from Oregon (Mr. IDEN At the request of Mr. B , the At the request of Mr. SALAZAR, the WYDEN) was added as a cosponsor of names of the Senator from Illinois (Mr. name of the Senator from Kentucky amendment No. 3657 intended to be pro- DURBIN), the Senator from Vermont (Mr. BUNNING) was added as a cosponsor posed to H.R. 4939, a bill making emer- (Mr. LEAHY), the Senator from Con- gency supplemental appropriations for of amendment No. 3748 intended to be necticut (Mr. DODD), the Senator from proposed to H.R. 4939, a bill making the fiscal year ending September 30, Washington (Ms. CANTWELL), the Sen- 2006, and for other purposes. emergency supplemental appropria- ator from California (Mrs. BOXER), the tions for the fiscal year ending Sep- AMENDMENT NO. 3667 Senator from Massachusetts (Mr. KEN- tember 30, 2006, and for other purposes. At the request of Ms. LANDRIEU, her NEDY), the Senator from Massachusetts AMENDMENT NO. 3756 name was added as a cosponsor of (Mr. KERRY), the Senator from Oregon amendment No. 3667 intended to be pro- (Mr. WYDEN), the Senator from Florida At the request of Mr. BAYH, the name posed to H.R. 4939, a bill making emer- (Mr. MARTINEZ) and the Senator from of the Senator from Louisiana (Ms. gency supplemental appropriations for Maine (Ms. SNOWE) were added as co- LANDRIEU) was added as a cosponsor of the fiscal year ending September 30, sponsors of amendment No. 3718 in- amendment No. 3756 intended to be pro- 2006, and for other purposes. tended to be proposed to H.R. 4939, a posed to H.R. 4939, a bill making emer- AMENDMENT NO. 3668 bill making emergency supplemental gency supplemental appropriations for At the request of Ms. LANDRIEU, her appropriations for the fiscal year end- the fiscal year ending September 30, name was added as a cosponsor of ing September 30, 2006, and for other 2006, and for other purposes. amendment No. 3668 proposed to H.R. purposes. AMENDMENT NO. 3759 4939, a bill making emergency supple- AMENDMENT NO. 3719 At the request of Mr. LEVIN, the mental appropriations for the fiscal At the request of Mr. BIDEN, the name of the Senator from Illinois (Mr. year ending September 30, 2006, and for names of the Senator from Illinois (Mr. DURBIN) was added as a cosponsor of other purposes. DURBIN), the Senator from Washington amendment No. 3759 intended to be pro- AMENDMENT NO. 3681 (Ms. CANTWELL), the Senator from Cali- posed to H.R. 4939, a bill making emer- At the request of Ms. LANDRIEU, her fornia (Mrs. BOXER), the Senator from gency supplemental appropriations for name was added as a cosponsor of Massachusetts (Mr. KERRY) and the the fiscal year ending September 30, amendment No. 3681 intended to be pro- Senator from Oregon (Mr. WYDEN) were 2006, and for other purposes. posed to H.R. 4939, a bill making emer- added as cosponsors of amendment No. AMENDMENT NO. 3777 gency supplemental appropriations for 3719 intended to be proposed to H.R. At the request of Mr. MENENDEZ, the the fiscal year ending September 30, 4939, a bill making emergency supple- names of the Senator from Oregon (Mr. 2006, and for other purposes. mental appropriations for the fiscal WYDEN) and the Senator from Michigan AMENDMENT NO. 3695 year ending September 30, 2006, and for (Ms. STABENOW) were added as cospon- At the request of Mr. OBAMA, the other purposes. sors of amendment No. 3777 proposed to name of the Senator from New York AMENDMENT NO. 3721 H.R. 4939, a bill making emergency sup- (Mrs. CLINTON) was added as a cospon- At the request of Mr. NELSON of Flor- plemental appropriations for the fiscal sor of amendment No. 3695 proposed to ida, the name of the Senator from New year ending September 30, 2006, and for H.R. 4939, a bill making emergency sup- Mexico (Mr. BINGAMAN) was added as a other purposes. plemental appropriations for the fiscal cosponsor of amendment No. 3721 in- year ending September 30, 2006, and for tended to be proposed to H.R. 4939, a AMENDMENT NO. 3801 other purposes. bill making emergency supplemental At the request of Mr. LEAHY, the AMENDMENT NO. 3696 appropriations for the fiscal year end- name of the Senator from Oregon (Mr. At the request of Mr. OBAMA, the ing September 30, 2006, and for other WYDEN) was added as a cosponsor of name of the Senator from New York purposes. amendment No. 3801 intended to be pro- (Mrs. CLINTON) was added as a cospon- AMENDMENT NO. 3727 posed to H.R. 4939, a bill making emer- sor of amendment No. 3696 intended to At the request of Mr. DODD, his name gency supplemental appropriations for be proposed to H.R. 4939, a bill making and the name of the Senator from Lou- the fiscal year ending September 30, emergency supplemental appropria- isiana (Ms. LANDRIEU) were added as 2006, and for other purposes. tions for the fiscal year ending Sep- cosponsors of amendment No. 3727 pro- AMENDMENT NO. 3803 tember 30, 2006, and for other purposes. posed to H.R. 4939, a bill making emer- At the request of Mr. FEINGOLD, the AMENDMENT NO. 3697 gency supplemental appropriations for names of the Senator from Maine (Ms. At the request of Mr. OBAMA, the the fiscal year ending September 30, COLLINS), the Senator from Vermont name of the Senator from New York 2006, and for other purposes. (Mr. LEAHY), the Senator from Colo- (Mrs. CLINTON) was added as a cospon- AMENDMENT NO. 3734 rado (Mr. SALAZAR), the Senator from sor of amendment No. 3697 proposed to At the request of Mr. BINGAMAN, the West Virginia (Mr. BYRD) and the Sen- H.R. 4939, a bill making emergency sup- name of the Senator from Texas (Mrs. ator from Iowa (Mr. HARKIN) were plemental appropriations for the fiscal HUTCHISON) was added as a cosponsor of added as cosponsors of amendment No. year ending September 30, 2006, and for amendment No. 3734 intended to be pro- 3803 intended to be proposed to H.R. other purposes. posed to H.R. 4939, a bill making emer- 4939, a bill making emergency supple- AMENDMENT NO. 3708 gency supplemental appropriations for mental appropriations for the fiscal At the request of Ms. LANDRIEU, her the fiscal year ending September 30, year ending September 30, 2006, and for name was added as a cosponsor of 2006, and for other purposes. other purposes.

VerDate Aug 31 2005 02:40 May 03, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.039 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3896 CONGRESSIONAL RECORD — SENATE May 2, 2006 AMENDMENT NO. 3809 tions will be able to stay and work in when determining Congressional appor- At the request of Mr. OBAMA, the the United States. The bill will allow tionment. name of the Senator from Oklahoma companies to retain highly skilled and If these trends continue, we will have (Mr. COBURN) was added as a cosponsor educated workers. millions more illegal aliens counted in of amendment No. 3809 intended to be The SKIL bill requires the govern- the 2010 Census. The result will be proposed to H.R. 4939, a bill making ment to change its processes so that more seats lost in States that have ac- emergency supplemental appropria- companies do not waste valuable re- tually increased in population of law- tions for the fiscal year ending Sep- sources. If a worker has been in the abiding U.S. residents. tember 30, 2006, and for other purposes. U.S. and has complied with all immi- Thankfully, my State of Montana AMENDMENT NO. 3810 gration laws, he should be allowed to cannot lose any more seats in the At the request of Ms. LANDRIEU, her renew his visa here in the U.S. Why House of Representatives. We are down name was added as a cosponsor of make that worker go to a consulate to our last one. Other States, however, amendment No. 3810 proposed to H.R. when all of the processing can be done will not be so fortunate. 4939, a bill making emergency supple- here in the U.S.? Law-abiding citizens should not have mental appropriations for the fiscal The SKIL bill exempts from annual to lose representation because millions year ending September 30, 2006, and for visa limit any foreign student grad- of illegal immigrants ignore our laws. other purposes. uating from a U.S. university with a That is why today, I am introducing the Fair and Accurate Representation At the request of Mr. OBAMA, the Master’s or PhD in essential fields. name of the Senator from New York Foreign workers with extraordinary Act. This bill will exclude the masses of illegal aliens in this country from (Mrs. CLINTON) was added as a cospon- skills, such as a Nobel Prize winner or sor of amendment No. 3810 proposed to an international scholar—should not being part of the Congressional appor- H.R. 4939, supra. have to wait for a visa. The President tionment process. If we act now, we can get started on has also called for an increase in H–1B f reforming this process in time for the visas. 2010 Census. The voting rights of law- STATEMENTS ON INTRODUCED As Chair of the Immigration sub- abiding citizens should not be diluted BILLS AND JOINT RESOLUTIONS committee, I have seen how immigra- by those who choose to enter this coun- By Mr. CORNYN (for himself, Mr. tion—both legal and illegal—affects all try illegally. I call upon my colleagues ALLEN, Mr. ENZI, Mr. LOTT, Mr. aspects of our lives. I am pleased that in the Senate to join me in correcting ALLARD, and Mr. BENNETT): there is so much discussion about im- this process, so that those who lawfully S. 2691. A bill to amend the Immigra- migration and about improving ave- reside in this country receive fair and tion and Nationality Act to increase nues for workers to enter our country. accurate representation. competitiveness in the United States, But immigration today will shape the and for other purposes; to the Com- country that our children grow up in. By Mr. CRAIG (for himself and mittee on the Judiciary. And so there needs to be more discus- Mr. GRAHAM): Mr. CORNYN. Mr. President, today I sion about the kinds of immigration S. 2694. A bill to amend title 38, am introducing a bill that will reform that will most benefit our economy and United States Code, to remove certain our immigration policies to make the our country. limitation on attorney representation United States more competitive, called I am introducing the SKIL bill be- of claimants for veterans benefits in the Securing Knowledge, Innovation, cause I don’t believe enough attention administrative proceedings before the and Leadership, or ‘‘SKIL’’ bill. Other has been focused on legal immigrants, Department of Veterans Affairs, and original cosponsors of this legislation especially the highly skilled workers for other purposes; to the Committee include Senators ALLARD, ALLEN, BEN- who contribute to our economy and on Veterans’ Affairs. NETT, ENZI, and LOTT. comply with our laws. It is my hope Mr. CRAIG. Mr. President, I have Our ability to innovate is crucial to that this legislation will allow U.S. sought recognition today to comment the success of our economy. By invest- companies to retain a highly educated on legislation that the distinguished ing in science and technology, we revo- workforce until we can channel more Senator from South Carolina, Senator lutionize our economy and improve the American students into the math, GRAHAM, and I are introducing. This world. The President has responded to science, and engineer pipeline. The bill will provide veterans with the this need by proposing the American SKIL bill is yet another important right to hire counsel to represent them Competitiveness Initiative. And I am a piece of the U.S. competitiveness agen- in proceedings before the Department proud co-sponsor of legislation that has da, and I urge my colleagues to cospon- of Veterans Affairs (VA) and will help been introduced in the Senate: the Pro- sor this important legislation. ensure that all who represent veterans tecting America’s Competitive Edge are held to the highest standards of (PACE bills) and National Innovation By Mr. BURNS: professional and ethical conduct. Act. S. 2693. A bill to prevent congres- As President Abraham Lincoln elo- But there is still more that can be sional reapportionment distortions; to quently expressed nearly 150 years ago, done. Immigration policy must be part the Committee on Homeland Security this Nation has an obligation ‘‘to care of any discussion of competitiveness. and Governmental Affairs. for him who shall have borne the bat- The United States does not produce Mr. BURNS. Mr. President, over the tle, and for his widow, and his orphan.’’ enough engineers—China graduates last few months, we have discussed at In keeping with that charge, the Fed- four times as many engineers as the length the problem of illegal immigra- eral Government provides a wide array U.S., and within a few years, approxi- tion. What many may not realize is of benefits to veterans and their de- mately 90 percent of all scientists and that illegal immigration affects our pendents, through an administrative engineers in the world will be in Asia. system of representation as well. system that is intended to be informal, Foreign students fill that gap right After the 1990 Census, my State of claimant-friendly, and non-adversarial. now in the U.S., but then our immigra- Montana lost one of its two seats in During recent years, however, vet- tion policy—not our economy—forces the House of Representatives. Ten erans’ organizations, VA, and others them to return home because there are years later, our great State had grown have observed that this system has be- not enough highly skilled work visas. to more than 900,000 residents, but still come increasingly complex. Enhanced In the long run, we must improve our did not gain a seat. legal requirements and layers of proce- schools and encourage more U.S. stu- Meanwhile, we have an estimated 12 dural steps intended to protect the dents to study engineering and mathe- million illegal aliens in this country rights of veterans have increased both matics. But we also must adapt immi- today, and all of them will be a factor the complexity of the system and how gration policy so that when U.S. stu- to determine which States gain or lose long it takes to process a claim. At the dents are educated in engineering a seat in the House of Representatives same time, with the Nation at war and fields, there will be U.S. jobs for them after the Census in 2010. This is because servicemembers deployed around the to fill. With the SKIL bill, foreign stu- current policy tells us to count every- world, the disability claims filed by re- dents who graduate from U.S. institu- one in this country, illegal or not, turning veterans have become more

VerDate Aug 31 2005 02:40 May 03, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.040 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3897 complex. Many of these claims are The paternalistic restriction that with authority to set restrictions on based on disabilities caused by environ- prevents veterans from hiring counsel the amount of fees that could be mental exposures, traumatic brain in- may have been advisable 150 years ago, charged in any case before VA. Finally, juries, psychological trauma, severe but—as one veterans’ organization re- in order to avoid any drain on existing combat wounds, and other highly com- cently testified before the Veterans’ VA resources, VA would have authority plex medical conditions, which by their Affairs Committee—there is now no to impose on attorneys a registration nature may entail complex questions of logic to it ‘‘except history.’’ It has en- fee to defray any costs associated with causality or intricate factual or legal dured for far too long and it is now allowing them to practice before VA. analyses. time to embrace Justice Oliver Wendell In sum, this legislation will take Despite the increasing complexity of Holmes’ admonition that it is ‘‘revolt- measures to ensure that the interests many cases, all 24 million living vet- ing’’ for a law to persist ‘‘in blind imi- of veterans will be protected, while al- erans are prohibited from hiring a law- tation of the past.’’ It is time to repeal lowing them to decide for themselves yer to help them navigate the VA sys- this archaic law and to allow our Na- whether they want to hire a lawyer. I tem. It is only after a veteran has tion’s veterans the option of hiring ask my colleagues to support this spent months and even years exhaust- counsel. groundbreaking legislation. ing the extensive VA administrative Having said all that, I want to be I ask unanimous consent that the process that the veteran then may re- clear that I am not suggesting that at- text of the bill be printed in the tain counsel—a process that often torneys should be considered necessary RECORD. takes 3 or more years to complete. As in order to obtain VA benefits. Above There being no objection, the text of the National Organization of Veterans’ all, we must ensure that the system the bill was ordered to be printed in Advocates (NOVA) testified before the continues to serve veterans in a claim- the RECORD, as follows: Veterans’ Affairs Committee last year, ant-friendly, non-adversarial manner— S. 2694 ‘‘[t]his is too late in the process for regardless of the presence of an attor- Be it enacted by the Senate and House of Rep- counsel to be truly effective’’ because ney or any other representative—and resentatives of the United States of America in by that time the evidentiary record ‘‘is we must strive to reduce the complex- Congress assembled, effectively closed.’’ On the other hand, ities of this vast system. I hope that SECTION 1. SHORT TITLE. NOVA testified that, if attorneys were veterans’ organizations across the This Act may be cited as the ‘‘Veterans’ retained at an earlier stage of the proc- country will join me in pursuing those Choice of Representation Act of 2006’’. ess, they could be helpful in obtaining goals. SEC. 2. ATTORNEY REPRESENTATION IN VET- and presenting necessary evidence and I also want to be clear that, although ERANS BENEFITS CLAIMS CASES BE- I believe veterans should have the op- FORE THE DEPARTMENT OF VET- in ensuring that VA timely and accu- ERANS AFFAIRS. tion to hire attorneys, they should not rately processes claims. (a) QUALIFICATIONS AND STANDARDS OF CON- So, with the potential for lawyers to be discouraged in any way from uti- DUCT FOR INDIVIDUALS RECOGNIZED AS AGENTS help veterans successfully navigate lizing the free services now provided by OR ATTORNEYS.— this increasingly complex system, why many dedicated representatives of vet- (1) ADDITIONAL QUALIFICATIONS AND STAND- does the government prohibit veterans erans’ service organizations. Those rep- ARDS FOR AGENTS AND ATTORNEYS GEN- from retaining counsel? This restric- resentatives are an important and val- ERALLY.—Subsection (a) of section 5904 of tion, which dates back to the Civil uable resource that veterans and their title 38, United States Code, is amended— War, was born out of concern that un- families will undoubtedly continue to (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; (B) by striking the second sentence; and scrupulous attorneys would improperly rely on for many generations to come. (C) by adding at the end the following new take large portions of veterans’ dis- The availability of this resource, how- paragraphs: ability benefits as compensation for ever, is no reason to restrict veterans’ ‘‘(2) The Secretary may prescribe in regu- their services. And some will argue access to other options. If a veteran lations qualifications and standards of con- that this concern is equally warranted would rather hire an attorney, we duct for individuals recognized under this today. should not stand in the way. section, including the following: Although I understand this long- At the same time, however, we ‘‘(A) A requirement that, before being rec- standing desire to protect veterans’ should ensure that anyone who rep- ognized, an individual— disability compensation, I would ask resents a veteran is held to the highest ‘‘(i) show that such individual is of good moral character and in good repute, is quali- my colleagues to consider a simple standards of professional and ethical fied to render claimants valuable service, question posited in a recent editorial: conduct and that any fee charged to a and is otherwise competent to assist claim- ‘‘If American soldiers are mature and veteran is patently reasonable. To that ants in presenting claims; and responsible enough to choose to risk end, this legislation will allow veterans ‘‘(ii) has such level of experience and spe- their lives for their country, shouldn’t the right to hire an attorney at any cialized training as the Secretary shall they be considered competent to hire a time and it will heighten the expecta- specify. lawyer?’’ I believe the obvious answer tions on all individuals who represent ‘‘(B) A requirement that the individual fol- to that question is ‘‘yes.’’ veterans. low such standards of conduct as the Sec- Particularly for veterans of to day’s Specifically, this legislation will retary shall specify. ‘‘(3) The Secretary may prescribe in regu- All-Volunteer Force—which has been allow VA to ensure that all attorneys lations restrictions on the amount of fees described as the ‘‘best-trained, best- who practice before VA have adequate that an agent or attorney may charge a equipped, best-led fighting force in the training or experience in this special- claimant for services rendered in the prepa- history of the world’’—this paternal- ized area of law to competently rep- ration, presentation, and prosecution of a istic restriction is simply outdated. resent veterans and that they conform claim before the Department. These highly trained, highly skilled to specified standards of ethical and ‘‘(4)(A) The Secretary may, on a periodic veterans have the ability—and should professional conduct. It would also basis, collect from individuals recognized as have the right—to decide whether or allow VA to ensure that all veterans’ agents or attorneys under this section a reg- istration fee. not to hire a lawyer. representatives are honest, profes- ‘‘(B) The Secretary shall prescribe the This is a right that is not denied to sional, and law abiding; that they amount and frequency of collection of such individuals seeking other earned bene- avoid further delaying or complicating fees. The amount of such fees may include an fits from the government. In fact, if a the system by presenting frivolous amount, as specified by the Secretary, nec- veteran were to seek Social Security claims or arguments; and that they essary to defray the costs of the Department benefits for disabilities suffered during conduct themselves with due regard for in recognizing individuals under this section, military service, the veteran would be the non-adversarial nature of the sys- in administering the collection of such fees, permitted to hire an attorney—while tem. in administering the payment of fees under the same veteran seeking benefits from For veterans who opt to hire an at- subsection (d), and in conducting oversight of agents or attorneys. VA for the same disabilities would be torney, this legislation would provide ‘‘(C) Amounts so collected shall be depos- prohibited from hiring an attorney the Secretary of Veterans Affairs with ited in the account from which amounts for based on this remnant of an ancient authority to reduce any attorney fee if such costs were derived, merged with policy. it is excessive or unreasonable and amounts in such account, and available for

VerDate Aug 31 2005 02:40 May 03, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.056 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3898 CONGRESSIONAL RECORD — SENATE May 2, 2006 the same purpose, and subject to the same by striking ‘‘(1)’’ and all that follows That is why today we are introducing conditions and limitations, as amounts in through ‘‘(2)’’. the Federal Research Public Access such account.’’. (g) EFFECTIVE DATE.— Act of 2006, legislation that will refine (2) APPLICABILITY TO REPRESENTATIVES OF (1) IN GENERAL.—The amendments made by the work done by NIH and require that this section shall take effect six months VETERANS SERVICE ORGANIZATIONS.—Section the Federal Government’s leading un- 5902(b) of such title is amended— after the date of the enactment of this Act. (A) by redesignating paragraphs (1) and (2) (2) REGULATIONS.—The Secretary shall pre- derwriters of research adopt meaning- as subparagraphs (A) and (B), respectively; scribe the regulations, if any, to be pre- ful public access policies. (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and scribed under the amendments made by sub- Our legislation is a simple, common (C) by adding at the end the following new section (a) not later than the date specified sense approach that will advance the paragraph: in paragraph (1). public’s access to the research it funds. ‘‘(2) An individual recognized under this (3) CLAIMS.—The amendments made by We hope this access will help accel- section shall be subject to suspension under subsections (b), (c), (d), and (e) shall apply to erate science, innovation, and dis- section 5904(b) of this title on the same basis claims submitted on or after the date speci- covery. as an individual recognized under section fied in paragraph (1). Under our bill, all Federal depart- 5904(a) of this title.’’. ments and agencies that invest $100 (3) APPLICABILITY TO INDIVIDUALS RECOG- Mr. CORNYN (for himself and Mr. million or more annually in research NIZED FOR PARTICULAR CLAIMS.—Section 5903 LIEBERMAN): of such title is amended— S. 2695. A bill to provide for Federal will be asked to develop a public access (A) by inserting ‘‘(a) IN GENERAL.—’’ before agencies to develop public access poli- policy. Each policy will require that all ‘‘The Secretary’’; and cies relating to research conducted by articles that result from federal fund- (B) by adding at the end the following new employees of that agency or from funds ing be deposited in a publicly acces- subsection: sible archive no later than six months ‘‘(b) SUSPENSION.—An individual recognized administered by that agency; to the Committee on Homeland Security and after publication. under this section shall be subject to suspen- Our bill simply says to all research- sion under section 5904(b) of this title on the Governmental Affairs. same basis as an individual recognized under Mr. CORNYN. Mr. President, I rise ers who seek government funding that section 5904(a) of this title.’’. today to join my friend Senator we want the results of your work to be seen by the largest possible audience. (b) ADDITIONAL BASES FOR SUSPENSION OF LIEBERMAN in introducing legislation INDIVIDUALS.—Subsection (b) of section 5904 It will ensure that U.S. taxpayers do that will ensure U.S. taxpayer dollars of such title is amended— not have to pay twice for the same re- are spent wisely, and will help enhance (1) by inserting ‘‘and sections 5902 and 5903 search—once to conduct it, and a sec- America’s ability to compete in the of this title’’ after ‘‘under this section’’; ond time to read it. (2) in paragraph (4), by striking ‘‘or’’ at the global economy. This legislation is an opportunity for Each year, our Federal Government end; our government to better leverage our (3) in paragraph (5), by striking the period invests more than $55 billion on basic investment in research, and to ensure a and inserting a semicolon; and and applied research. That s roughly 40 greater return on that investment, (4) by adding at the end the following new percent of the current two-year budget paragraphs: which is all the more important given for my home State of Texas. the current budget situation. By shar- ‘‘(6) has failed to conduct himself or herself The bulk of this money is spent by with due regard for the non-adversarial na- ing this information quickly and approximately 10 agencies, including: ture of any proceeding before the Depart- broadly with all potential users, we can the National Institutes of Health, Na- ment; advance science, accelerate the pace of ‘‘(7) has presented frivolous claims, issues, tional Science Foundation, NASA, the new discoveries and innovations, and or arguments to the Department; or Department of Energy, and the Depart- improve the lives and welfare of people ‘‘(8) has failed to comply with any other ment of Agriculture. These agencies at home and abroad. condition specified by the Secretary in regu- use the money to fund research which lations prescribed by the Secretary for pur- All Americans will be positively af- is usually conducted by outside re- fected as a result of this bill: patients poses of this subsection.’’. searchers working for universities, (c) REPEAL OF LIMITATION ON HIRING diagnosed with a disease or condition AGENTS OR ATTORNEYS.—Subsection (c) of healthcare systems, and other groups. will be able to use the Internet to ac- section 5904 of such title is amended by Most of the time, researchers will cess the full text of articles containing striking paragraph (1). publish the results of their work in an the latest information on ent and prog- (d) MODIFICATION OF REQUIREMENTS TO FILE academic journal. The NIH, for exam- nosis; students at small institutions ATTORNEY FEE AGREEMENTS.—Such sub- ple, estimates that roughly 65,000 arti- section is further amended— will have equal access to research arti- cles are published each year that re- cles they need to complete assignments (1) by redesignating paragraph (2) as para- port on research either partially or en- graph (1); and and further their studies; researches (2) in that paragraph, as so redesignated— tirely funded by NIH. will have their findings more broadly (A) by striking ‘‘in a case referred to in Unfortunately, as it stands now, and more quickly disseminated, pos- paragraph (1) of this subsection’’; most Americans have little—to no— sibly sparking further discovery and (B) by striking ‘‘after the Board first timely access to this wealth of infor- innovation makes a final decision in the case’’; mation, despite the fact that their tax The Internet has dramatically al- (C) by striking ‘‘with the Board at such dollars paid for the research. Some tered how the world gathers and shares time as may be specified by the Board’’ and Federal agencies, with the NIH chief information. The Internet gives the inserting ‘‘with the Secretary pursuant to amongst them, have taken some very regulations prescribed by the Secretary’’; homemaker in Houston the ability to and positive steps in the right direction to find volumes of information about a re- (D) by striking the second and third sen- require that these articles reporting on cent medical diagnosis given to a fam- tences. government-funded research be freely ily member. It allows a young commu- (e) ATTORNEY FEES.—Such subsection is available to the public in a timely nity college student in rural West further amended by inserting after para- manner. Texas—a great distance from the near- graph (1), as redesignated by subsection (d)(1) In fact, today marks the one-year an- est research library—to learn the lat- of this section, the following new paragraph niversary of the implementation of a est in scientific discovery and hope- (2): ground breaking public access policy at ‘‘(2)(A) The Secretary, upon the Sec- fully spur him to continue his studies. retary’s own motion or at the request of the NIH developed by Director Elias While a comprehensive competitive- claimant, may review a fee agreement filed Zerhouni. I thank Dr. Zerhouni and his ness agenda is still in the works, ensur- pursuant to paragraph (1) and may order a colleagues for their leadership on this ing greater access to scientific infor- reduction in the fee called for in the agree- important issue and for energizing this mation is one way we can help bolster ment if the Secretary finds that the fee is ex- debate. interest in these important fields and cessive or unreasonable. While Dr. Zerhouni and NIH have move this issue forward while at the ‘‘(B) A finding or order of the Secretary made strong progress, Sen. LIEBERMAN same time helping accelerate the pace under subparagraph (A) may be reviewed by the Board of Veterans’ Appeals under section and I believe more must be done, not of discovery and innovation. Through 7104 of this title.’’. only at NIH and in medical research, this legislation, I hope to ensure that (f) REPEAL OF PENALTY FOR CERTAIN but throughout the Federal Govern- students, researchers, and every Amer- ACTS.—Section 5905 of such title is amended ment and the sciences in general. ican has access to the published results

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of federally funded research, and I ask programs amount to 3⁄4 of one per cent structural changes to the 2002 Farm for my colleagues’ support. of the total Federal budget. For 3⁄4 of Bill, regardless of the fact that CBO es- one per cent our farmers are able to timates it has come in approximately By Mr. TALENT (for himself, sustain an agriculture industry that $13 billion cheaper than anticipated. Mrs. LINCOLN, Mr. COLEMAN, produces 25 million jobs and 3.5 trillion This Administration has also refused Ms. LANDRIEU, Mr. PRYOR, Mr. dollars in economic activity. to provide emergency assistance to ag- BOND, Mr. DORGAN, and Mr. For three quarters of one per cent of riculture producers, despite the fact VITTER): the Federal budget, Americans have a that farmers across the Nation faced S. 2696. A bill to extend all of the au- hedge against ever being held hostage weather-related disasters of all kinds thorizations of appropriations and di- to food imports the way we are now and record high fuel and fertilizer costs rect spending programs under the held hostage to energy imports. Where in 2005. A wet spring, followed by ex- Farm Security and Rural Investment would our security be without the treme drought and rising fuel prices, Act of 2002 until after implementing American family farm? What would it cost farmers in my State $923 million legislation for the Doha Development mean for the United States if our fam- last year. In Arkansas, where one in Round of World Trade Organization ne- ily farmers went out of business, and five jobs is tied to agriculture, this im- gotiations is enacted into law, and for foreign powers could threaten our food pacts the entire State economy. other purposes; to the Committee on as they now threaten our energy? Do All the while, producers wait and Agriculture, Nutrition, and Forestry. we want to rely on Brazil for food the watch as U.S. negotiators offer pro- Mr. TALENT. Mr. President, Amer- way we rely on Venezuela for oil? posals in the WTO that would require ica has the safest, most abundant, best I believe the best way to continue drastic reductions and changes in our tasting, and least expensive food sup- support for this strong sector of our farm support, while our trading part- ply not only in the world, but in the economy is to extend the farm bill ners continue to protect their markets history of the world. There are a lot of until we have a WTO agreement that is with tariffs and subsidies far higher good people in the food and fiber pro- good for American agriculture. I do not than we have in the U.S. duction industry who deserve credit for believe that we should negotiate with I am tired of waiting, and so are my that. But the heart of food production our trading partners and against our- farmers. Very little was accomplished in the United States and the world and selves. at the WTO ministerial in Hong Kong, the center of the rural communities As George Washington wrote in 1796, and trade officials recently announced that produce our food and fiber, is none ‘‘Agriculture is of primary importance. that the April 30th deadline for reach- other than the American family farmer In proportion as nations advance in ing a negotiating framework would and rancher. population and other circumstances of pass without progress. The 2002 Farm I want to assure everyone here of maturity, this truth becomes more ap- Bill is set to expire in September of this. There are a lot of us in Congress parent, and renders the cultivation of next year, and we are no closer to an and in the country that believe in agri- the soil more and more an object of agreement in the WTO than we were culture; we intend to continue sup- public patronage.’’ one year ago. porting policies that help farmers; and America will be more than ever what No doubt our trading partners are we’re not going to apologize to anyone George Washington predicted in 1788 it quite content to take the wait and see would be: the ‘‘storehouse and granary for doing it, especially foreign coun- approach. This Administration has for the whole world.’’ tries that are not negotiating in good made it quite clear that it supports Mrs. LINCOLN. Mr. President, I rise faith with the United States through today to introduce legislation that drastic changes to our farm policy, the WTO. would extend the provisions of the 2002 with or without an agreement in the When I am in Missouri, I hear strong Farm Bill until our trading partners in WTO. Our trading partners are de- support for the current farm bill. Pro- the WTO have at least matched our manding that we dismantle our farm ducers all over the State tell me that commitment to level disparities in program . . . meanwhile they do little they like the programs created in the global agriculture trade. I would like to nothing to show that they are will- farm bill and they want to see it ex- to thank Senator TALENT for working ing to do the same. Why would they? tended, especially when we have the with me on this important piece of leg- This Administration is sending them uncertainty of the current WTO nego- islation to farm families in my State of the very clear message that they agree tiations hanging over the head of our Arkansas and across the Nation. with them . . . and envision 2007 as domestic agriculture industry. This legislation would extend our the year to make those changes. If that It would be unfair to our nation’s ag- current farm bill until one year after is the case, what incentive then do our riculture producers to write a new farm implementing legislation for a WTO trading partners have to come to the bill in the midst of ongoing inter- Doha agreement is enacted. Then . . . negotiating table at all? More impor- national trade negotiations. Today, and only then . . . will Congress know tantly, what does it say about our ne- Senator LINCOLN, and I, with a number what to expect of our trading partners gotiating priorities if we are simply ne- of other members, filed legislation to and what our trading partners expect gotiating with ourselves? extend the current farm bill until the from us. Some may argue that we must Doha round of World Trade Organiza- Four years ago, President Bush, after change our agriculture policy to avoid tion (WTO) negotiations is complete. some noted reluctance, signed into law further litigation against our farm pro- Our Nation’s farmers and their lend- the 2002 Farm Bill. As a member of the grams by WTO countries. But without ers should not be asked to operate Senate Agriculture Committee and a a completed WTO agreement, like the under rules that keep changing. We farmer’s daughter, I played an active one negotiated in the Uruguay Round, must have fair global trading rules in role in that debate and was pleased how are we expected to write new farm place before we write the next farm with the outcome, which I view as a policy that is compliant? Compliant bill. A farm bill extension is a reason- compromise between many different with what? able and sound approach. interests. Most importantly, I view it In my view, and I think many of my Everyone knows that safe food is as a contract between the farmers in colleagues agree, the best course of ac- abundant in the United States. Farm- my State of Arkansas and their gov- tion is to extend the current farm bill ers and farm workers constitute 2 per- ernment. It is meant to offer what lit- until we know the rules of the road. As cent of the total workforce in the tle certainty can exist for those who a member of the Senate Finance Com- United States, yet they help feed the choose to make a living providing the mittee, with jurisdiction over inter- entire world. Unfortunately, some peo- safe and affordable food supply which national trade . . . and as a farmer’s ple in Washington believe that we we as Americans depend on. Unfortu- daughter who understands full well the spend too much in securing that safe nately, certainty is something that’s importance of international markets to and abundant food supply. hard to come by in farm country these the U.S. agriculture industry . . . I am What does this safe and inexpensive days. introducing this legislation to send a food supply cost the Federal taxpayer? This Administration has repeatedly message to our friends in the WTO. We In the United States, domestic support asked Congress to cut funding or make will not negotiate by ourselves . . . we

VerDate Aug 31 2005 02:40 May 03, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.054 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3900 CONGRESSIONAL RECORD — SENATE May 2, 2006 will not make wholesale changes to our the ASEAN–U.S. Enhanced Partner- ing the sad fact that humans have been domestic policies until we know that ship, announced last November by suffering from these diseases for mil- you are willing to do the same. ASEAN leaders and President Bush. lennia. Moreover, research has shown So long as we maintain the status alarming rates of comorbidity of NTD’s quo in our international trade agree- By Mr. ALLARD (for himself and with HIV/AIDS, tuberculosis, and ma- ments, then we should maintain the Mr. SALAZAR): laria, resulting in severe complications status quo with regard to our domestic S. 2698. A bill to establish the Gra- with these already devastating dis- farm policy as well. That is the type of nada Relocation Center National His- eases. message that I wish our trade nego- toric Site as an affiliated unit of the The biggest challenge to finding tiators were sending to our trading National Park System; to the Com- cures for these diseases is the lack of a partners. And that is the message that mittee on Energy and Natural Re- market. Pharmaceuticals are expensive I hope our trading partners receive sources. to develop, and since neglected diseases today. That is the type of certainty Mr. ALLARD. Mr. President, I rise disproportionately affect poor and that America’s farmers need and de- today to introduce my bill to designate marginalized populations in the devel- serve. the Granada Relocation Camp, also oping world, there are fewer incentives The legislation Senator TALENT and I known as Camp Amache, as a National for conducting research and develop- introduce today will provide this cer- Historic Site in Colorado. ment for new treatments. The purpose tainty to our farming communities and The Granada Relocation Camp, which of this act is to encourage drug devel- send a strong signal to our trading is located in Southeast Colorado be- opment by creating market incentives partners. Congress will not make dras- tween the towns of Lamar and Holly on for investment in new research. Spe- tic changes to our farm policy without the Santa Fe Trail, played an impor- cifically, the bill awards a limited pat- a meaningful agreement in the WTO. tant, and sometimes sad, part in ent-term extension or patent-term res- United States history. In the 1800’s toration for certain lifestyle and trop- By Mr. LUGAR (for himself, Mr. travelers that came into Colorado ical disease drugs provided the com- BIDEN, Mr. KERRY, and Mr. along the Santa Fe Trail used it as a pany successfully develops a new FDA- OBAMA): place to buy supplies and rest, and it approved drug for an NTD. In this way, S. 2697. A bill to establish the posi- was known as the ‘‘Gateway to Colo- a drug company can recoup costs for tion of the United States Ambassador rado’’. This put Granada on the map the large investment in NTD research for ASEAN; to the committee on For- and the area was settled in 1873. By 1876 and development. eign Relations. it was one of the largest cities in Colo- With the exception of market incen- Mr. LUGAR. Mr. President, today, I rado and endured a move further west tives, we have all the right ingredients rise to introduce ‘‘The U.S. Ambas- for expansion. to develop new drugs that would dra- sador for ASEAN Act’’, which signals The town is now best known for the matically reduce the number of NTD the importance of bolstering the U.S.– Granada Relocation Camp, Camp cases and improve the quality of ASEAN relationship for our mutual Amache, which was established during human life worldwide. I strongly be- benefit. one of the darker, but just as impor- lieve that this legislation will add the ASEAN was originally established in tant time periods in American history. last remaining step to jumpstart com- 1967. The founding Members, Indonesia, This camp, one of ten interment camps petitive research and development for Malaysia, the Philippines, Singapore in the Nation, was established in Au- combating NTD’s. I urge my colleagues and Thailand, remain as anchor par- gust 1942 by the United States govern- to join in this effort by supporting this ticipants of ASEAN today. Overall ment during World War II as a place to bill. membership has expanded, with ten house the Japanese from the West f countries now comprising ASEAN. coast and was closed on August 15, 1945. Over the years, ASEAN has contrib- Camp Amache was named after SUBMITTED RESOLUTIONS uted to regional stability in East Asia Amache Ochinee Prowers, the wife of and has partnered with the United John Prowers, the founder of the coun- States to combat global terror. In addi- ty in which Granada presides. It be- SENATE RESOLUTION 459—EX- tion to promoting regional peace and came its own little city with 30 blocks PRESSING THE SENSE OF THE stability, ASEAN is committed to ac- of barracks, school rooms, and mess SENATE REGARDING UNITED celerating economic growth, social tents. It also included its own post of- STATES PARTICIPATION AND progress, and cultural development. fice, fire station, police, and hospital. AGREEMENT IN THE DOHA DE- ASEAN is the third largest export While this was a dark moment in VELOPMENT ROUND OF THE market for United States products, and American history, it is still an impor- WORLD TRADE ORGANIZATION has received approximately $90 billion tant part of it. By preserving this site, Mr. BAYH submitted the following in direct investment from U.S. sources. we are preserving our own history. resolution; which was referred to the Nearly 40,000 ASEAN students are Committee on Finance: studying in the United States. By Mr. BROWNBACK (for himself S. RES. 459 The United States maintains bilat- and Mr. LIEBERMAN): Whereas in 2001, World Trade Organization eral relationships with the ASEAN S. 2699. A bill to promote the re- members launched the Doha Development Member countries. However, as ASEAN search and development of drugs re- Agenda, a new round of multilateral trade develops an integrated free trade area lated to neglected and tropical dis- negotiations with a core objective of increas- and addresses matters of common con- eases, and for other purposes; to the ing market access for nonagricultural prod- cern with the United States—ranging Committee on the Judiciary. ucts, such as industrial goods; from environmental and financial chal- Mr. BROWNBACK. Mr. President, Whereas Ministers of World Trade Organi- lenges to avian influenza and ter- today I introduced with my colleague, zation members agreed in the Doha Declara- tion that the aim of the nonagricultural rorism—it is appropriate for the United Senator LIEBERMAN, the Elimination of market access (NAMA) negotiations is to re- States to enhance its overall relation- Neglected Diseases Act of 2006. This duce or eliminate industrial tariffs, with an ship with ASEAN. legislation is designed to confront and emphasis on high tariffs and nontariff bar- With this in mind, my legislation es- combat a group of dangerous parasitic riers; tablishes the position of U.S. Ambas- diseases that together claim more than Whereas, at the 2005 World Trade Organiza- sador for ASEAN, subject to advice and 500,000 lives each year and adversely af- tion Ministerial in Hong Kong, members re- consent of the Senate. I believe this fect millions more. These 13–15 ne- newed this commitment by agreeing to adopt initiative will be an important step in glected tropical diseases, NTD, as they a tariff-cutting formula geared toward the advancing an already positive relation- are called, are the most common infec- reduction or elimination of high tariffs; Whereas, at the 2005 World Trade Organiza- ship. In addition, I am hopeful that tions in the developing world, and in- tion Ministerial in Hong Kong, members once the position is established, the clude such debilitating diseases as lep- agreed once again to reduce or eliminate U.S. Ambassador to ASEAN will help rosy, guinea worm, and trachoma. trade-distorting nontariff barriers, and to facilitate ongoing implementation of Many are described in the Bible, expos- focus on liberalization in certain sectors;

VerDate Aug 31 2005 03:52 May 03, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.058 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3901 Whereas, at the 2005 World Trade Organiza- SENATE RESOLUTION 460—EX- Whereas the United Nations withdrew tion Ministerial in Hong Kong, members PRESSING THE SENSE OF THE United Nations troops from Somalia in 1995; agreed to establish by April 30, 2006, the for- SENATE THAT THE UNITED Whereas 13 conferences dedicated to pro- mulas or approaches (commonly referred to STATES SHOULD INCREASE ITS moting reconciliation or peace have been as ‘‘modalities’’) for tariff reductions and called in order to end the fighting in Soma- SUPPORT TO THE PEOPLE OF lia; that time frame has now been extended; SOMALIA IN THEIR EFFORTS TO Whereas manufactured goods account for Whereas, in October 2002, 21 warring par- END DECADES OF VIOLENCE, ES- over 70 percent of world merchandise trade ties in Somalia took positive action by— and 87 percent of the United States total TABLISH LASTING PEACE, FORM (1) agreeing to a cease fire under the aus- merchandise exports; A DEMOCRATICALLY ELECTED pices of the East African organization known Whereas substantial differences in average AND STABLE CENTRAL GOVERN- as the ‘‘Intergovernmental Authority on De- bound industrial tariff rates among World MENT, AND BECOME AN EFFEC- velopment’’; and Trade Organization members have caused TIVE PARTNER IN ERADICATING (2) beginning a dialogue that was focused vast inequities in the multilateral trading RADICALISM AND TERRORISM on forming a government; Whereas, in September 2003, the parties to system, placing American companies and FROM THEIR COUNTRY AND THE the Kenyan peace process agreed on the workers at a disadvantage; REGION Transitional National Charter for Somalia, Whereas the United States has a simple av- Mr. COLEMAN (for himself, Mr. and thus paved the way for the creation of a erage bound tariff rate of 3.2 percent for in- FEINGOLD, and Mr. DAYTON) submitted unified national government in Somalia; dustrial goods with 38.5 percent of industrial Whereas, in August 2004, the 275-member tariff lines providing for duty-free treat- the following resolution; which was re- ferred to the Committee on Foreign Transitional Federal Assembly of Somalia ment; was assembled in Kenya to reunify and heal Whereas foreign tariffs on industrial goods Relations: Somalia and comprised of 61 delegates from are significantly higher than United States S. RES. 460 the 4 major clans of Somalia and 31 delegates rates, and countries with high industrial tar- Whereas General Mohamed Siad Barre, from an alliance of minority clans located in iff rates provide few, if any, duty-free tariff who came to power in Somalia through a that country; treatment; military coup in 1969, was ousted from power Whereas Abdullahi Yusuf Ahmed, the Whereas many countries that maintain by several armed groups of Somalia in 1991; former leader of Puntland, was elected Presi- high industrial tariffs are benefiting under Whereas, following the collapse of the cen- dent of Somalia by the Transitional Federal the United States Generalized System of tral authority in Mogadishu, the capital of Government on October 10, 2004; Preferences (GSP), a program granting duty- Somalia, rival groups of Somalia devastated Whereas Abdullahi Yusuf Ahmed appointed free treatment to specified products that are the region by— Professor Ali Mohamed Gedi as Prime Min- (1) engaging in an armed struggle for per- imported from more than 140 designated ister in November 2004; sonal political power; and Whereas a limited number of countries on countries and territories; (2) preventing food and medicine from Whereas in 2005, the United States annual the continent of Africa have pledged to send reaching innocent civilians who were suf- peacekeeping troops to Somalia to help pro- deficit for trade in goods reached a new high fering from drought and famine; tect the Transitional Federal Government as of $782,100,000,000; Whereas, during the continued internal the Government seeks to reestablish peace Whereas the United States share of global chaos and destruction in Somalia, hundreds and order; industrial goods trade has shrunk over the of thousands of people have died from— Whereas the international community past decade, and 3,000,000 domestic manufac- (1) violence; should encourage those individuals and orga- (2) starvation; and turing jobs have been lost since June 2000; nizations that have shown commitment to (3) disease; Whereas producers of industrial goods, par- the peace process, including— Whereas the people of Somalia witnessed ticularly manufacturers, are critical to the (1) the African Union; health of the United States economy; the country splinter into— (1) the Republic of Somaliland, which— (2) the Intergovernmental Authority on Whereas greater access to foreign markets (A) is located in the northwest portion of Development; will generate economic growth, raise wages, Somalia; and (3) the Transitional Federal Government; bolster research and development, and in- (B) seeks independence; and crease standards of living; and (2) Puntland, which is an autonomous re- (4) the many clans located in Somalia; Whereas international trade can be a dy- gion located in the northeast portion of So- Whereas escalating tensions and violence namic engine for economic growth and job malia; and between certain clans threaten to weaken creation, provided that America’s entre- (3) a myriad of warlord-controlled fiefdoms the ability of the Transitional Federal Gov- preneurs and innovators are afforded non- that are located in the southern portion of ernment to— discriminatory treatment in the global econ- Somalia; (1) develop capacity; omy: Now, therefore, be it Whereas, on November 9, 1992, President (2) effectively establish stability; and George H. W. Bush authorized Operation Re- (3) enforce the rule of law throughout So- Resolved, That it is the sense of the Senate store Hope, and used the Armed Forces to malia; that the United States should not be a signa- safeguard nongovernmental organizations Whereas the 2004 Country Reports on Ter- tory to any agreement or protocol with re- while the organizations attempted to provide rorism, produced by the Secretary of State spect to the Doha Development Round of the humanitarian assistance to the suffering ci- in accordance with section 140 of the Foreign World Trade Organization negotiations un- vilian population of Somalia; Relations Authorization Act, Fiscal Years less— Whereas the United States led the Unified 1988 and 1989 (22 U.S.C. 2656f), noted that— (1) a NAMA agreement would lead to a sig- Task Force (referred to in this preamble as (1) ‘‘a small number of al-Qa’ida operatives nificant reduction or elimination of the sub- the ‘‘UNITAF’’) in an effort to— in East Africa, particularly Somalia, con- stantial inequities in the average level of in- (1) save lives; and (2) help create a relatively peaceful envi- tinue to pose the most serious threat to dustrial tariff rates of all World Trade Orga- ronment for humanitarian activity in Soma- American interests in the region’’; nization members; lia; (2) ‘‘Somalia’s lack of a functioning cen- (2) substantial increases in market access Whereas, in May 1993, UNITAF handed its tral government, protracted state of violent and United States exports are achieved operations to the United Nations for an oper- instability, long unguarded coastline, porous through reductions in average tariff rates ation subsequently known as the ‘‘United borders, and proximity to the Arabian Penin- applied to manufactured goods; Nations Operation in Somalia’’, giving the sula make it a potential location for inter- (3) sectoral tariff agreements are included people of Somalia hope for peace and sta- national terrorists seeking a transit or that would result in a significant number of bility; launching point to conduct operations else- countries eliminating tariffs on products and Whereas the operation was unfortunately where’’; and in sectors that would increase United States unsuccessful in establishing peace and sta- (3) ‘‘[t]he U.S. government must identify exports; and bility in Mogadishu and other parts of Soma- and prioritize actual or potential terrorist (4) real new market access is achieved lia; sanctuaries. For each, it should have a real- through the dismantling of nontariff bar- Whereas, in March 1994, the Armed Forces istic strategy to keep possible terrorists in- riers, and particularly in sectors of primary withdrew from Somalia after a long and secure and on the run, using all elements of importance to American manufacturers. bloody battle in Mogadishu on October 3, national power’’; 1993; Whereas current political tensions may be Whereas, 1 year after the withdrawal of the exacerbated by the ongoing humanitarian United States, the United Nations withdrew crisis that continues to affect hundreds of all remaining peacekeepers because the secu- thousands of individuals in Somalia, thereby rity conditions in Somalia had further dete- making the task of creating a stable, central riorated; government increasingly difficult;

VerDate Aug 31 2005 03:52 May 03, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.062 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3902 CONGRESSIONAL RECORD — SENATE May 2, 2006 Whereas the Transitional Federal Govern- (IV) the region; Whereas the value of public and commu- ment is incapable of meeting the funda- (D) instruct the United States Permanent nity service was a founding principle of the mental needs of all people of Somalia, in- Representative to the United Nations to re- Government of the United States; cluding— quest that the Security Council take addi- Whereas, for generation after generation, (1) education; tional measures to— the citizens of the United States have de- (2) health care; and (i) evaluate the effectiveness of the exist- sired to pass to the youth of the Nation the (3) other essential services; ing arms embargo on Somalia; and tradition of neighbors helping neighbors Whereas the 2005 Human Rights Report (ii) develop an improved plan to monitor through— published by the Department of State cites and protect the vast land and maritime bor- (1) local community service; significant concerns relating to abuses of ders of Somalia from— (2) volunteerism; and human rights in Somalia, including— (I) smuggling; (3) public service; (1) female genital mutilation; (II) dumping; and Whereas, to build stronger communities, (2) rape; and (III) piracy; and the youth of the United States should be in- (3) political violence; (E) through the Secretaries of State and spired to seek career opportunities in— Whereas the Federal Government has pro- the Treasury, work with international finan- (1) the public sector; vided $476,000,000 for humanitarian assist- cial institutions to incrementally reduce the (2) the nonprofit sector; ance activities since 1990, although a major- crippling international debt of Somalia on (3) the faith-based community; and ity of those funds were distributed during the condition that Somalia upholds demo- (4) Federal, State, and local governments; the early 1990s; cratic and free market principles; Whereas the Jefferson Awards for Public Whereas it is the desire of the United (5) the United States Agency for Inter- Service are a prestigious national recogni- States that the people of Somalia live peace- national Development should increase the tion system that was created on a non- ful, stable, prosperous, and happy lives; assistance that the Agency provides to the partisan basis in 1972 by— Whereas the United States has historically Transitional Federal Government to rebuild (1) Jacqueline Kennedy Onassis; supported the aspirations of the people of So- the national infrastructure of Somalia, and (2) Senator Robert Taft, Jr.; and malia; and place particular emphasis on the promotion (3) Sam Beard; Whereas the compassion of the citizens of of the governmental institutions of Somalia; Whereas the creators of the Jefferson the United States extends across the world (6) the United States should provide train- Awards for Public Service sought to create to embrace every member of the human fam- ing and support to the Transitional National an award similar to the Nobel Prize to en- ily: Now, therefore, be it Government of Somalia to— courage and honor individuals for their Resolved, That it is the sense of the Senate (A) fight terrorism and extremism; and that— achievements and contributions in public (B) strengthen the civil society and grass- (1) the United States is working with the and community service; roots efforts in Somalia that will deny ter- people of Somalia to build a stable and en- Whereas, for over 30 years, the supporters rorist and extremist groups a fertile ground during democratic nation in the Horn of Af- of the Jefferson Awards for Public Service for recruitment in that country; rica that is prosperous and free of civil war; have pioneered the promotion of civic en- (7) the United States, in partnership with (2) to achieve long-lasting peace in the re- gagement by using profiles of individual ex- the United Nations and the international gion, the nascent leadership and governance cellence, the media, and modern technology donor community, must— structures of Somalia must— to attract and recruit all citizens of the (A) heed the calls concerning the signifi- (A) commit themselves to the principles of United States to participate in the demo- cant drought affecting the region that have democracy and the rule of law; and cratic processes of the Nation; and been placed by— (B) pledge to hold popular elections as soon Whereas the Jefferson Awards for Public (i) the United Nations Coordinator for Hu- as Somalia has stabilized; Service have honored award recipients at— manitarian Assistance; (3) the nascent Transitional Federal Gov- (1) the national level, by placing the recipi- (ii) the international community of non- ernment for Somalia should— ents on a ‘‘Who’s Who’’ list of outstanding governmental organizations; and (A) organize itself in 1 city as soon as prac- citizens of the United States; and (iii) regional governments; (2) the local level, by naming the recipi- ticable to— (B) provide sufficient humanitarian assist- ents ‘‘Unsung Heroes’’ who accomplish ex- (i) promote national unity; and ance to those impacted by the drought; and traordinary deeds for the betterment of the (ii) begin the process of reentering the (C) realize that a failure to address the hu- United States while going largely unnoticed: international community; and manitarian emergency could have a negative Now, therefore, be it (B) delay the consideration of the delicate impact on fragile political developments; Resolved, That the Senate— issue regarding the Republic of Somaliland and (1) fully supports the goals and ideals that until an appropriate level of stability has (8) not later than 180 days after the date of the creators instilled into the civic engage- been achieved in Somalia, while under- enactment of this resolution, the Secretary ment initiatives of the Jefferson Awards for standing the critical importance of that of State should present to Congress a status Public Service; and issue for establishing a peaceful Somalia; report on items referred to in paragraphs (4) (2) salutes and acknowledges the American (4) the President should— through (8) that includes— Institute for Public Service and the role (A) commend the efforts of those that have (A) a projection of future challenges re- played by the Jefferson Awards for Public worked to restore a functioning and inter- garding Somalia; and Service in promoting public service in the nationally recognized government in Soma- (B) resource requirements that could United States. lia, including— foreseeably be needed to continue to support (i) the people of Somalia and their rep- f the transition of Somalia to a peaceful and resentatives; democratic country. SENATE CONCURRENT RESOLU- (ii) the African Union; TION 92—ENCOURAGING ALL 50 (iii) the Intergovernmental Authority on f Development; STATES TO RECOGNIZE AND AC- SENATE RESOLUTION 461—SUP- COMMODATE THE RELEASE OF (iv) friendly countries from the continent PORTING AND COMMENDING THE of Africa; and PUBLIC SCHOOL PUPILS FROM (v) nongovernmental organizations; SUPPORTERS OF THE JEFFER- SCHOOL ATTENDANCE TO AT- (B) through the Secretary of State, develop SON AWARDS FOR PUBLIC SERV- TEND OFF-CAMPUS RELIGIOUS a comprehensive interagency stabilization ICE FOR ENCOURAGING ALL CLASSES AT THEIR CHURCHES, and reconstruction strategy that— CITIZENS OF THE UNITED SYNAGOGUES, HOUSES OF WOR- (i) aligns humanitarian, developmental, STATES TO EMBARK ON A LIFE SHIP, AND FAITH-BASED ORGA- economic, political, counterterrorism, and OF PUBLIC SERVICE AND RECOG- NIZATIONS regional strategies; NIZING THOSE CITIZENS WHO (ii) achieves the objectives of the United HAVE ALREADY PERFORMED EX- Mr. DEMINT submitted the following States in Somalia in coordination with the concurrent resolution; which was re- international donor community; and TRAORDINARY DEEDS FOR THEIR COMMUNITY AND COUN- ferred to the Committee on the Judici- (iii) orients current and future programs to ary: meet the objectives described in clause (ii); TRY S. CON. RES. 92 (C) appoint a special envoy to Somalia to— Mr. LOTT (for himself, Mr. DURBIN, (i) help guide and inform United States Mr. LUGAR, and Mr. BIDEN) submitted Whereas the free exercise of religion is an policy and interests in the region; and the following resolution; which was inherent, fundamental, and inalienable right (ii) serve as a liaison between— secured by the 1st amendment to the Con- (I) the United States; considered and agreed to: stitution of the United States; (II) nascent Somali governance institu- S. RES. 461 Whereas the free exercise of religion is im- tions; Whereas one of the defining traditions of portant to the intellectual, moral, civic, and (III) the international donor community; the democracy of the United States is that ethical development of students in the and each person can make a difference; United States;

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Whereas the free exercise of religion must SA 3700 submitted by Mr. DOMENICI (for him- SA 3850. Mr. WYDEN (for himself, Mr. KYL, be conducted in a constitutionally appro- self, Mr. GRASSLEY, and Mr. STEVENS) and in- Mr. LIEBERMAN, Ms. SNOWE, Mr. LAUTEN- priate manner; tended to be proposed to the bill H.R. 4939, BERG, and Mrs. BOXER) submitted an amend- Whereas, in Zorach v. Clauson, 343 U.S. 306 supra; which was ordered to lie on the table. ment intended to be proposed to amendment (1952), the United States Supreme Court held SA 3836. Mrs. BOXER submitted an amend- SA 3665 proposed by Mr. WYDEN to the bill that a statute that provides for the release ment intended to be proposed to amendment H.R. 4939, supra; which was ordered to lie on of public school pupils from school attend- SA 3700 submitted by Mr. DOMENICI (for him- the table. ance to attend religious classes is constitu- self, Mr. GRASSLEY, and Mr. STEVENS) and in- SA 3851. Ms. LANDRIEU submitted an tional if— tended to be proposed to the bill H.R. 4939, amendment intended to be proposed to (1) the programs take place away from supra; which was ordered to lie on the table. amendment SA 3593 submitted by Ms. school grounds; SA 3837. Mr. HARKIN submitted an amend- LANDRIEU and intended to be proposed to the (2) school officials do not promote attend- ment intended to be proposed to amendment bill H.R. 4939, supra; which was ordered to lie ance at religious classes; and SA 3714 proposed by Mrs. MURRAY (for Mr. on the table. (3) the solicitation of students to attend is HARKIN) to the bill H.R. 4939, supra; which SA 3852. Mr. LIEBERMAN (for himself and not done at the expense of public schools; was ordered to lie on the table. Ms. CANTWELL) submitted an amendment in- and SA 3838. Mr. KOHL submitted an amend- tended to be proposed to amendment SA 3700 Whereas the Constitution of the United ment intended to be proposed by him to the submitted by Mr. DOMENICI (for himself, Mr. States and the laws of the States allow the bill H.R. 4939, supra; which was ordered to lie GRASSLEY, and Mr. STEVENS) and intended to school districts of the States to release pub- on the table. be proposed to the bill H.R. 4939, supra; lic school pupils from school attendance to SA 3839. Mr. KOHL submitted an amend- which was ordered to lie on the table. attend religious classes: Now, therefore, be it ment intended to be proposed by him to the SA 3853. Mr. OBAMA (for himself, Mr. Resolved by the Senate (the House of Rep- bill H.R. 4939, supra; which was ordered to lie COBURN, and Mr. KENNEDY) submitted an resentatives concurring), That Congress— on the table. amendment intended to be proposed by him (1) calls on all 50 States to recognize and SA 3840. Mr. JEFFORDS submitted an to the bill H.R. 4939, supra; which was or- accommodate those churches, faith-based or- amendment intended to be proposed by him dered to lie on the table. ganizations, and individuals that wish to re- to the bill H.R. 4939, supra; which was or- SA 3854. Mrs. BOXER submitted an amend- lease public school pupils from school at- dered to lie on the table. ment intended to be proposed to amendment tendance to attend religious classes; and SA 3841. Mr. JEFFORDS submitted an SA 3816 submitted by Mrs. BOXER and in- (2) respectfully requests the President of amendment intended to be proposed to tended to be proposed to the bill H.R. 4939, the United States to proclaim the third week amendment SA 3700 submitted by Mr. supra; which was ordered to lie on the table. of November 2006 as ‘‘Bible Education in DOMENICI (for himself, Mr. GRASSLEY, and SA 3855. Mr. BIDEN submitted an amend- School Time Week’’. Mr. STEVENS) and intended to be proposed to ment intended to be proposed to amendment the bill H.R. 4939, supra; which was ordered AMENDMENTS SUBMITTED AND SA 3717 submitted by Mr. BIDEN and intended to lie on the table. to be proposed to the bill H.R. 4939, supra; PROPOSED SA 3842. Mr. JEFFORDS submitted an which was ordered to lie on the table. SA 3825. Mr. VITTER submitted an amend- amendment intended to be proposed to SA 3856. Mr. JEFFORDS submitted an ment intended to be proposed to amendment amendment SA 3700 submitted by Mr. amendment intended to be proposed to SA 3627 submitted by Mr. VITTER to the bill DOMENICI (for himself, Mr. GRASSLEY, and amendment SA 3700 submitted by Mr. H.R. 4939, making emergency supplemental Mr. STEVENS) and intended to be proposed to DOMENICI (for himself, Mr. GRASSLEY, and appropriations for the fiscal year ending the bill H.R. 4939, supra; which was ordered Mr. STEVENS) and intended to be proposed to September 30, 2006, and for other purposes; to lie on the table. the bill H.R. 4939, supra; which was ordered which was ordered to lie on the table. SA 3843. Mr. JEFFORDS submitted an to lie on the table. SA 3826. Mr. MCCAIN submitted an amend- amendment intended to be proposed to SA 3857. Mr. JEFFORDS submitted an ment intended to be proposed by him to the amendment SA 3700 submitted by Mr. amendment intended to be proposed to bill H.R. 4939, supra; which was ordered to lie DOMENICI (for himself, Mr. GRASSLEY, and amendment SA 3613 submitted by Mr. on the table. Mr. STEVENS) and intended to be proposed to VOINOVICH (for himself, Mr. OBAMA, Mr. SA 3827. Mr. KOHL submitted an amend- the bill H.R. 4939, supra; which was ordered DEWINE, Mr. LEVIN, Ms. STABENOW, Mr. DUR- ment intended to be proposed to amendment to lie on the table. BIN, and Mr. DAYTON) and intended to be pro- SA 3776 submitted by Mr. KOHL and intended SA 3844. Mr. JEFFORDS submitted an posed to the bill H.R. 4939, supra; which was to be proposed to the bill H.R. 4939, supra; amendment intended to be proposed to ordered to lie on the table. which was ordered to lie on the table. amendment SA 3700 submitted by Mr. SA 3858. Mr. ENSIGN (for Mr. MCCAIN) pro- SA 3828. Mr. KOHL submitted an amend- DOMENICI (for himself, Mr. GRASSLEY, and posed an amendment to the bill S. 1003, to ment intended to be proposed to amendment Mr. STEVENS) and intended to be proposed to amend the Act of December 22, 1974, and for SA 3776 submitted by Mr. KOHL and intended the bill H.R. 4939, supra; which was ordered other purposes. to be proposed to the bill H.R. 4939, supra; to lie on the table. SA 3859. Mr. ENSIGN (for Mr. MCCAIN) pro- which was ordered to lie on the table. SA 3845. Mr. JEFFORDS submitted an posed an amendment to amendment SA 3858 SA 3829. Mr. COLEMAN submitted an amendment intended to be proposed to proposed by Mr. ENSIGN (for Mr. MCCAIN) to amendment intended to be proposed to amendment SA 3700 submitted by Mr. the bill S. 1003, supra. amendment SA 3635 submitted by Mr. ALLEN DOMENICI (for himself, Mr. GRASSLEY, and f (for himself and Mr. BURR) and intended to Mr. STEVENS) and intended to be proposed to be proposed to the bill H.R. 4939, supra; the bill H.R. 4939, supra; which was ordered TEXT OF AMENDMENTS to lie on the table. which was ordered to lie on the table. SA 3825. Mr. VITTER submitted an SA 3830. Mr. MCCAIN submitted an amend- SA 3846. Mr. JEFFORDS submitted an ment intended to be proposed by him to the amendment intended to be proposed to amendment intended to be proposed to bill H.R. 4939, supra; which was ordered to lie amendment SA 3700 submitted by Mr. amendment SA 3627 submitted by Mr. on the table. DOMENICI (for himself, Mr. GRASSLEY, and VITTER to the bill H.R. 4939, making SA 3831. Mrs. HUTCHISON submitted an Mr. STEVENS) and intended to be proposed to emergency supplemental appropria- amendment intended to be proposed by her the bill H.R. 4939, supra; which was ordered tions for the fiscal year ending Sep- to the bill H.R. 4939, supra; which was or- to lie on the table. tember 30, 2006, and for other purposes; SA 3847. Mr. JEFFORDS submitted an dered to lie on the table. which was ordered to lie on the table; SA 3832. Mrs. HUTCHISON submitted an amendment intended to be proposed to amendment intended to be proposed by her amendment SA 3700 submitted by Mr. as follows: to the bill H.R. 4939, supra; which was or- DOMENICI (for himself, Mr. GRASSLEY, and At the end of the amendment, add the fol- dered to lie on the table. Mr. STEVENS) and intended to be proposed to lowing: SA 3833. Mrs. BOXER submitted an amend- the bill H.R. 4939, supra; which was ordered (c) The amendments made by subsections ment intended to be proposed to amendment to lie on the table. (a) and (b) shall be effective for the period SA 3700 submitted by Mr. DOMENICI (for him- SA 3848. Mr. JEFFORDS submitted an beginning on the date of enactment of this self, Mr. GRASSLEY, and Mr. STEVENS) and in- amendment intended to be proposed to Act and ending on October 1, 2008. tended to be proposed to the bill H.R. 4939, amendment SA 3700 submitted by Mr. supra; which was ordered to lie on the table. DOMENICI (for himself, Mr. GRASSLEY, and SA 3826. Mr. MCCAIN submitted an SA 3834. Mrs. BOXER submitted an amend- Mr. STEVENS) and intended to be proposed to amendment intended to be proposed by ment intended to be proposed to amendment the bill H.R. 4939, supra; which was ordered him to the bill H.R. 4939, making emer- SA 3700 submitted by Mr. DOMENICI (for him- to lie on the table. gency supplemental appropriations for self, Mr. GRASSLEY, and Mr. STEVENS) and in- SA 3849. Mr. KENNEDY submitted an the fiscal year ending September 30, tended to be proposed to the bill H.R. 4939, amendment intended to be proposed to supra; which was ordered to lie on the table. amendment SA 3688 submitted by Mr. KEN- 2006, and for other purposes; which was SA 3835. Mrs. BOXER submitted an amend- NEDY to the bill H.R. 4939, supra; which was ordered to lie on the table; as follows: ment intended to be proposed to amendment ordered to lie on the table. On page 229, strike lines 5 through 14.

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Mr. KOHL submitted an and for other purposes; which was or- (1) any producer on a farm that received a amendment intended to be proposed to dered to lie on the table; as follows: direct payment for crop year 2005 under title amendment SA 3776 submitted by Mr. Beginning on page 1 of the amendment, I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.); or KOHL and intended to be proposed to strike line 3 and all that follows through the end and insert the following: (2) any dairy producer that was eligible to the bill H.R. 4939, making emergency receive a payment during the 2005 calendar supplemental appropriations for the On page 207, between lines 15 and 16, insert the following: year under section 1502 of the Farm Security fiscal year ending September 30, 2006, (2) NONINSURED PRODUCERS.—Except as pro- and Rural Investment Act of 2002 (7 U.S.C. and for other purposes; which was or- vided in paragraph (3), for producers on a 7982). dered to lie on the table; as follows: farm that were eligible to acquire crop insur- (b) AMOUNT.— Beginning on page 1 of the amendment, ance for the applicable production loss and (1) COVERED COMMODITIES.—Subject to strike line 3 and all that follows through the failed to do so or failed to submit an applica- paragraph (3), the amount of a payment end and insert the following: tion for the noninsured assistance program made to a producer on a farm under sub- On page 207, between lines 15 and 16, insert for the loss, the Secretary shall make assist- section (a)(1) shall be equal to the product the following: ance in accordance with paragraph (1), ex- obtained by multiplying— (2) NONINSURED PRODUCERS.—Except as pro- cept that the payment rate shall be 35 per- (A) 30 percent of the direct payment rate in vided in paragraph (3), for producers on a cent of the established price, instead of 50 effect for the program crop of the farmer; farm that were eligible to acquire crop insur- percent. (B) 85 percent of the program crop base of ance for the applicable production loss and On page 207, line 16, strike ‘‘(2)’’ and insert the farmer; and failed to do so or failed to submit an applica- ‘‘(3)’’. (C) the program payment yield for each tion for the noninsured assistance program Beginning on page 211, strike line 10 and program crop of the farmer. for the loss, the Secretary shall make assist- all that follows through page 213, line 14. (2) DAIRY PAYMENTS.— ance in accordance with paragraph (1), ex- On page 213, line 15, strike ‘‘(f)’’ and insert (A) DISTRIBUTION.—Payments under sub- cept that the payment rate shall be 35 per- ‘‘(e)’’. section (a)(2) shall be distributed in a man- cent of the established price, instead of 50 Beginning on page 228, strike line 4 and all ner that is consistent with section 1502 of the percent. that follows through page 230, line 18 and in- Farm and Rural Investment Act of 2002 (7 On page 207, line 16, strike ‘‘(2)’’ and insert sert the following: U.S.C. 7982). ‘‘(3)’’. SEC. 3021. REPLENISHMENT OF SECTION 32. (B) MAXIMUM AMOUNT.—Subject to para- Beginning on page 211, strike line 10 and (a) DEFINITION OF SPECIALTY CROP.—In this graph (3), the total amount available for pay- all that follows through page 213, line 14. section: ments under subsection (a)(2) shall not ex- On page 213, line 15, strike ‘‘(f)’’ and insert (1) IN GENERAL.—The term ‘‘specialty crop’’ ceed $172,000,000. ‘‘(e)’’. means any agricultural crop. (3) OVERALL LIMITATION.—The Secretary On page 230, strike lines 6 through 18 and (2) EXCEPTION.—The term ‘‘specialty crop’’ shall ensure that no person receives pay- insert the following: does not include— ments under subsection (a) in excess of the SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAY- (A) wheat; per person limitations applicable to pro- MENTS. (B) feed grains; ducers that receive payments under sub- (a) IN GENERAL.—Subject to subsection (b), (C) oilseeds; section (a)(1). the Secretary shall make a supplemental (D) cotton; On page 233, strike lines 3 through line 11. economic loss payment to— (E) rice; On page 233 line 12, strike ‘‘3043’’ and in- (1) any producer on a farm that received a (F) peanuts; or sert ‘‘3042’’. direct payment for crop year 2005 under title (G) dairy. I of the Farm Security and Rural Investment (b) BASE STATE GRANTS.— SA 3829. Mr. COLEMAN submitted an Act of 2002 (7 U.S.C. 7901 et seq.); or (1) IN GENERAL.—The Secretary shall use amendment intended to be proposed to (2) any dairy producer that was eligible to $25,500,000 of funds of the Commodity Credit amendment SA 3635 submitted by Mr. receive a payment during the 2005 calendar Corporation to make grants to the several ALLEN (for himself and Mr. BURR) and States, the District of Columbia, and the year under section 1502 of the Farm Security intended to be proposed to the bill H.R. and Rural Investment Act of 2002 (7 U.S.C. Commonwealth of Puerto Rico to be used to 7982). support activities that promote agriculture. 4939, making emergency supplemental (b) AMOUNT.— (2) AMOUNTS.—The amount of the grants appropriations for the fiscal year end- (1) COVERED COMMODITIES.—Subject to shall be— ing September 30, 2006, and for other paragraph (3), the amount of a payment (A) $500,000 to each of the several States; purposes; which was ordered to lie on made to a producer on a farm under sub- and the table; as follows: section (a)(1) shall be equal to the product (B) $250,000 to each of the Commonwealth On page 3, line 23, strike ‘‘including any’’ obtained by multiplying— of Puerto Rico and the District of Columbia. and insert the following: ‘‘including— (A) 30 percent of the direct payment rate in (c) GRANTS FOR VALUE OF PRODUCTION.— ‘‘(aa) ethanol, when blended into gasoline effect for the program crop of the farmer; The Secretary shall use $49,500,000 of funds of in a concentration of 20 percent by volume; (B) 85 percent of the program crop base of the Commodity Credit Corporation to make and the farmer; and a grant to each of the several States in an ‘‘(bb) any (C) the program payment yield for each amount equal to the product obtained by program crop of the farmer. multiplying— SA 3830. Mr. MCCAIN submitted an (2) DAIRY PAYMENTS.— (1) the share of the State of the total value amendment intended to be proposed by (A) DISTRIBUTION.—Payments under sub- of specialty crop and livestock production of section (a)(2) shall be distributed in a man- the United States for the 2004 crop year, as him to the bill H.R. 4939, making emer- ner that is consistent with section 1502 of the determined by the Secretary; by gency supplemental appropriations for Farm and Rural Investment Act of 2002 (7 (2) $49,500,000. the fiscal year ending September 30, U.S.C. 7982). (d) SPECIAL CROP AND LIVESTOCK PRI- 2006, and for other purposes; which was (B) MAXIMUM AMOUNT.—Subject to para- ORITY.—As a condition on the receipt of a ordered to lie on the table; as follows: graph (3), the total amount available for pay- grant under this section, a State shall agree to give priority to the support of specialty Beginning on page 224, strike line 23 ments under subsection (a)(2) shall not ex- through line 10 on page 225. ceed $147,000,000. crops and livestock in the use of the grant funds. (3) OVERALL LIMITATION.—The Secretary SA 3831. Mrs. HUTCHISON submitted shall ensure that no person receives pay- (e) USE OF FUNDS.—A State may use funds ments under subsection (a) in excess of the from a grant awarded under this section— an amendment intended to be proposed per person limitations applicable to pro- (1) to supplement State food bank pro- by her to the bill H.R. 4939, making ducers that receive payments under sub- grams or other nutrition assistance pro- emergency supplemental appropria- section (a)(1). grams; tions for the fiscal year ending Sep- On page 233, strike lines 3 through line 11. (2) to promote the purchase, sale, or con- tember 30, 2006, and for other purposes; sumption of agricultural products; On page 233 line 12, strike ‘‘3043’’ and in- which was ordered to lie on the table; sert ‘‘3042’’. (3) to provide economic assistance to agri- cultural producers, giving a priority to the as follows: SA 3828. Mr. KOHL submitted an support of specialty crops and livestock; or Strike all in the pending amendment and amendment intended to be proposed to (4) for other purposes, as determined by the insert in lieu thereof: amendment SA 3776 submitted by Mr. Secretary. ‘‘That for states in which the President de- SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAY- clared a major disaster (as that term is de- OHL K and intended to be proposed to MENTS. fined in section 102 of the Robert T. Stafford the bill H.R. 4939, making emergency (a) IN GENERAL.—Subject to subsection (b), Disaster Relief and Emergency Assistance supplemental appropriations for the the Secretary shall make a supplemental Act (42 U.S.C. 5122)) on September 24, 2005, as fiscal year ending September 30, 2006, economic loss payment to— a result of Hurricane Rita, each county or

VerDate Aug 31 2005 03:52 May 03, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.064 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3905 parish eligible for individual and public as- sion shall report to Congress the results of (b) Not later than 6 months after the date sistance under such declaration in such the investigation. of the enactment of this Act, the President States will be treated equally for purposes of (c) PUBLIC MEETING.—Not later than 14 shall submit to Congress a report on the cost-share adjustments under such Act, to days after issuing the report described in number and type of vehicles purchased by account for the impact in those counties and subsection (b), the Federal Trade Commis- the Federal government, including the fuel parishes of Hurricanes Rita and Katrina.’’ sion shall hold a public hearing in the State economy of such vehicles. in which the retail price of gasoline was in- SA 3832. Mrs. HUTCHISON submitted vestigated as described in subsection (a) for SA 3837. Mr. HARKIN submitted an an amendment intended to be proposed the purpose of presenting the results of the amendment intended to be proposed to by her to the bill H.R. 4939, making investigation. amendment SA 3714 proposed by Mrs. (d) ACTION ON PRICE INCREASE.— MURRAY (for Mr. HARKIN) to the bill emergency supplemental appropria- (1) FINDING OF MARKET MANIPULATION.—If tions for the fiscal year ending Sep- the Federal Trade Commission determines H.R. 4939, making emergency supple- tember 30, 2006, and for other purposes; that the increase in gasoline prices in a mental appropriations for the fiscal which was ordered to lie on the table; State is a result of market manipulation, the year ending September 30, 2006, and for as follows: Federal Trade Commission shall, in coopera- other purposes; which was ordered to tion with the Attorney General of that At the end of the amendment, insert the lie on the table; as follows: State, take appropriate action. following: In lieu of the matter proposed to be in- (2) NO FINDING OF MARKET MANIPULATION.— ‘‘That for states in which the President de- serted, insert the following: If the Federal Trade Commission determines clared a major disaster (as that term is de- UNITED STATES INSTITUTE OF PEACE PROGRAMS that the increase in gasoline prices in a fined in section 102 of the Robert T. Stafford IN IRAQ AND AFGHANISTAN State is not the result of market manipula- Disaster Relief and Emergency Assistance tion, the Federal Trade Commission shall no- SEC. 1406. (a)(1) The amount appropriated Act (42 U.S.C. 5122)) on September 24, 2005, as tify the Secretary of Energy, who shall, by this chapter for other bilateral assistance a result of Hurricane Rita, each county or within 2 weeks of such notification, decide if under the heading ‘‘ECONOMIC SUPPORT parish eligible for individual and public as- the Strategic Petroleum Reserve should be FUND’’ is hereby increased by $8,500,000. sistance under such declaration in such (2) The amount made available under para- used to assure adequate supplies of gasoline. States will be treated equally for purposes of graph (1) is designated as an emergency re- (e) TERMINATION.—This section shall cease cost-share adjustments under such Act, to to apply on the date that is 5 years after the quirement pursuant to section 402 of H. Con. account for the impact in those counties and date of enactment of this Act. Res. 95 (109th Congress), the concurrent reso- parishes of Hurricanes Rita and Katrina.’’. lution on the budget for fiscal year 2006. SA 3835. Mrs. BOXER submitted an (b) Of the amount appropriated by this SA 3833. Mrs. BOXER submitted an amendment intended to be proposed to chapter for other bilateral assistance under amendment intended to be proposed to amendment SA 3700 submitted by Mr. the heading ‘‘ECONOMIC SUPPORT FUND’’, as amendment SA 3700 submitted by Mr. increased by subsection (a), $8,500,000 shall be DOMENICI (for himself, Mr. GRASSLEY, made available to the United States Insti- DOMENICI (for himself, Mr. GRASSLEY, and Mr. STEVENS) and intended to be tute of Peace for programs in Iraq and Af- and Mr. STEVENS) and intended to be proposed to the bill H.R. 4939, making ghanistan. proposed to the bill H.R. 4939, making emergency supplemental appropria- (c) Of the funds made available by chapter emergency supplemental appropria- tions for the fiscal year ending Sep- 2 of title II of division A of the Emergency tions for the fiscal year ending Sep- tember 30, 2006, and for other purposes; Supplemental Appropriations Act for De- tember 30, 2006, and for other purposes; which was ordered to lie on the table; fense, the Global War on Terror, and Tsu- which was ordered to lie on the table; as follows: nami Relief, 2005’’ (Public Law 109-13) for as follows: military assistance under the heading At the appropriate place, insert the fol- ‘‘PEACEKEEPING OPERATIONS’’ and available At the appropriate place, insert the fol- lowing: for the Coalition Solidarity Initiative, lowing: FUEL ASSISTANCE FROM OIL COMPANIES PRO- $8,500,000 is rescinded. TAX CREDIT FOR VEHICLES WITH HIGH FUEL VIDING HIGH EMPLOYEE BONUS OR RETIRE- ECONOMY MENT PACKAGES SA 3838. Mr. KOHL submitted an SEC. . For purposes of the Internal SEC. 7lll. (a) In this section, the term amendment intended to be proposed by Revenue Code of 1986, there shall be allowed ‘‘large integrated oil company’’ means, with him to the bill H.R. 4939, making emer- as credit against the tax imposed during the respect to any taxable year, an integrated oil gency supplemental appropriations for taxable year in which the vehicle is placed in company (as defined in section 291(b)(4) of the fiscal year ending September 30, service an amount of $1000 for purchase of a the Internal Revenue Code of 1986) that— (1) has gross receipts in excess of $1,000,000 2006, and for other purposes; which was vehicle that obtains a minimum fuel econ- ordered to lie on the table; as follows: omy of 45 miles per gallon. for the taxable year; and (2) has an average daily worldwide produc- At the end of the amendment add the fol- Mrs. BOXER submitted an tion of crude oil of at least 500,000 barrels for lowing: SA 3834. On page 207, lines 5 and 6, strike ‘‘para- amendment intended to be proposed to the taxable year. (b) Notwithstanding any other provision of graph (2)’’ and insert ‘‘paragraphs (2) and amendment SA 3700 submitted by Mr. law, if a large integrated oil company pro- (3)’’. DOMENICI (for himself, Mr. GRASSLEY, vides to an officer or employee of the large On page 207, between lines 15 and 16, insert and Mr. STEVENS) and intended to be integrated oil company a salary, bonus or re- the following: proposed to the bill H.R. 4939, making tirement package of more than $50,000,000, (2) NONINSURED PRODUCERS.—Except as pro- emergency supplemental appropria- the large integrated oil company shall pay vided in paragraph (3), for producers on a tions for the fiscal year ending Sep- an equal amount into the Low Income Home farm that were eligible to acquire crop insur- Energy Assistance Program. ance for the applicable production loss and tember 30, 2006, and for other purposes; failed to do so or failed to submit an applica- which was ordered to lie on the table; SA 3836. Mrs. BOXER submitted an tion for the noninsured assistance program as follows: amendment intended to be proposed to for the loss, the Secretary shall make assist- At the appropriate place, insert the fol- amendment SA 3700 submitted by Mr. ance in accordance with paragraph (1), ex- lowing: DOMENICI (for himself, Mr. GRASSLEY, cept that the payment rate shall be 35 per- cent of the established price, instead of 50 INVESTIGATION OF GASOLINE PRICES and Mr. STEVENS) and intended to be percent. SEC. 7032. (a) IN GENERAL.—If, based on proposed to the bill H.R. 4939, making On page 207, line 16, strike ‘‘(2)’’ and insert weekly data published by the Energy Infor- emergency supplemental appropria- ‘‘(3)’’. mation Administration of the Department of tions for the fiscal year ending Sep- Beginning on page 211, strike line 10 and Energy, the average price of regular grade tember 30, 2006, and for other purposes; all that follows through page 213, line 14. gasoline in a State increases 20 percent or which was ordered to lie on the table; On page 213, line 15, strike ‘‘(f)’’ and insert more for at least 7 days during any 3-month as follows: ‘‘(e)’’. period, the Federal Trade Commission shall On page 230, strike lines 6 through 18 and initiate an investigation into the retail price At the appropriate place, insert the fol- insert the following: lowing: of gasoline in that State to determine if the SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAY- price of gasoline is being artificially manipu- FUEL-EFFICIENT VEHICLES MENTS. lated by reducing refinery capacity or by any SEC. ll. (a) None of the funds made avail- (a) IN GENERAL.—Subject to subsection (b), other form of manipulation. able in this Act may be used to purchase a the Secretary shall make a supplemental (b) REPORT.—Not later than 14 days after vehicle for the Federal government that is economic loss payment to— the initiation of the investigation described not fuel-efficient to the greatest extent pos- (1) any producer on a farm that received a in subsection (a), the Federal Trade Commis- sible, consistent with other federal laws. direct payment for crop year 2005 under title

VerDate Aug 31 2005 03:52 May 03, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.068 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3906 CONGRESSIONAL RECORD — SENATE May 2, 2006 I of the Farm Security and Rural Investment (G) dairy. SA 3840. Mr. JEFFORDS submitted Act of 2002 (7 U.S.C. 7901 et seq.); or (b) BASE STATE GRANTS.— an amendment intended to be proposed (2) any dairy producer that was eligible to (1) IN GENERAL.—The Secretary shall use by him to the bill H.R. 4939, making $25,500,000 of funds of the Commodity Credit receive a payment during the 2005 calendar emergency supplemental appropria- year under section 1502 of the Farm Security Corporation to make grants to the several and Rural Investment Act of 2002 (7 U.S.C. States, the District of Columbia, and the tions for the fiscal year ending Sep- 7982). Commonwealth of Puerto Rico to be used to tember 30, 2006, and for other purposes; (b) AMOUNT.— support activities that promote agriculture. which was ordered to lie on the table; (1) COVERED COMMODITIES.—Subject to (2) AMOUNTS.—The amount of the grants as follows: paragraph (3), the amount of a payment shall be— At the end of the amendment, insert the made to a producer on a farm under sub- (A) $500,000 to each of the several States; following text: and section (a)(1) shall be equal to the product SEC. FEDERAL AND CAPITOL COMPLEX FLEET obtained by multiplying— (B) $250,000 to each of the Commonwealth REQUIREMENTS. of Puerto Rico and the District of Columbia. (A) 30 percent of the direct payment rate in (a) REGULATIONS.— (c) GRANTS FOR VALUE OF PRODUCTION.— effect for the program crop of the farmer; (1) IN GENERAL.—The Secretary of Energy The Secretary shall use $49,500,000 of funds of (B) 85 percent of the program crop base of shall issue regulations for Federal fleets sub- the Commodity Credit Corporation to make the farmer; and ject to the Energy Policy Act of 1992 (42 a grant to each of the several States in an (C) the program payment yield for each US.C. 13201 et seq.) requiring that not later amount equal to the product obtained by program crop of the farmer. than fiscal year 2016 each Federal agency multiplying— (2) DAIRY PAYMENTS.— achieve at least a 30 percent reduction in pe- (1) the share of the State of the total value (A) DISTRIBUTION.—Payments under sub- troleum consumption, as calculated from the of specialty crop and livestock production of section (a)(2) shall be distributed in a man- baseline established by the Secretary for fis- the United States for the 2004 crop year, as ner that is consistent with section 1502 of the cal year 1999. determined by the Secretary; by Farm and Rural Investment Act of 2002 (7 (2) REQUIREMENT.—Not later than fiscal (2) $49,500,000. U.S.C. 7982). year 2016, of the Federal vehicles required to (d) SPECIAL CROP AND LIVESTOCK PRI- (B) MAXIMUM AMOUNT.—Subject to para- be alternative fueled vehicles under title V ORITY.—As a condition on the receipt of a graph (3), the total amount available for pay- of the Energy Policy Act of 1992 (42 US.C. grant under this section, a State shall agree ments under subsection (a)(2) shall not ex- 13251 et seq.), at least 30 percent shall be hy- to give priority to the support of specialty ceed $147,000,000. brid motor vehicles (including plug-in hybrid crops and livestock in the use of the grant (3) OVERALL LIMITATION.—The Secretary motor vehicles) or new advanced lean burn funds. shall ensure that no person receives pay- technology motor vehicles (as defined in sec- ments under subsection (a) in excess of the (e) USE OF FUNDS.—A State may use funds from a grant awarded under this section— tion 30B(c)(3) of the Internal Revenue Code of per person limitations applicable to pro- 1986). ducers that receive payments under sub- (1) to supplement State food bank pro- grams or other nutrition assistance pro- (b) INCLUSION OF ELECTRIC DRIVE IN ENERGY section (a)(1). POLICY ACT OF 1992.—Section 508(a) of the On page 233, strike lines 3 through line 11. grams; (2) to promote the purchase, sale, or con- Energy Policy Act of 1992 (42 U.S.C. 13258(a)) On page 233 line 12, strike ‘‘3043’’ and in- is amended— sert ‘‘3042’’. sumption of agricultural products; (3) to provide economic assistance to agri- (1) by inserting ‘‘(1)’’ before ‘‘The Sec- cultural producers, giving a priority to the retary’’; and SA 3839. Mr. KOHL submitted an (2) by adding at the end the following: amendment intended to be proposed by support of specialty crops and livestock; or (4) for other purposes, as determined by the ‘‘(2) Not later than January 31, 2007, the him to the bill H.R. 4939, making emer- Secretary. Secretary shall— ‘‘(A) allocate credit in an amount to be de- gency supplemental appropriations for SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAY- the fiscal year ending September 30, MENTS. termined by the Secretary for— ‘‘(i) acquisition of— 2006, and for other purposes; which was (a) IN GENERAL.—Subject to subsection (b), ‘‘(I) a light-duty hybrid electric vehicle; ordered to lie on the table; as follows: the Secretary shall make a supplemental economic loss payment to— ‘‘(II) a plug-in hybrid electric vehicle; At the end of the amendment add the fol- (1) any producer on a farm that received a ‘‘(III) a fuel cell electric vehicle; lowing: direct payment for crop year 2005 under title ‘‘(IV) a medium- or heavy-duty hybrid On page 207, lines 5 and 6, strike ‘‘para- I of the Farm Security and Rural Investment electric vehicle; graph (2)’’ and insert ‘‘paragraphs (2) and Act of 2002 (7 U.S.C. 7901 et seq.); or ‘‘(V) a neighborhood electric vehicle; or (3)’’. (2) any dairy producer that was eligible to ‘‘(VI) a medium- or heavy-duty dedicated On page 207, between lines 15 and 16, insert receive a payment during the 2005 calendar vehicle; and the following: year under section 1502 of the Farm Security ‘‘(ii) investment in qualified alternative (2) NONINSURED PRODUCERS.—Except as pro- and Rural Investment Act of 2002 (7 U.S.C. fuel infrastructure or nonroad equipment, as vided in paragraph (3), for producers on a 7982). determined by the Secretary; and farm that were eligible to acquire crop insur- (b) AMOUNT.— ‘‘(B) allocate more than 1, but not to ex- ance for the applicable production loss and (1) COVERED COMMODITIES.—Subject to ceed 5, credits for investment in an emerging failed to do so or failed to submit an applica- paragraph (3), the amount of a payment technology relating to any vehicle described tion for the noninsured assistance program made to a producer on a farm under sub- in subparagraph (A) to encourage— for the loss, the Secretary shall make assist- section (a)(1) shall be equal to the product ‘‘(i) a reduction in petroleum demand; ance in accordance with paragraph (1), ex- obtained by multiplying— ‘‘(ii) technological advancement; and cept that the payment rate shall be 35 per- (A) 30 percent of the direct payment rate in ‘‘(iii) enhanced environmental performance cent of the established price, instead of 50 effect for the program crop of the farmer; and compliance with federal environmental percent. (B) 85 percent of the program crop base of law.’’. On page 207, line 16, strike ‘‘(2)’’ and insert the farmer; and (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3)’’. (C) the program payment yield for each There is authorized to be appropriated to Beginning on page 211, strike line 10 and program crop of the farmer. carry out this section (including the amend- all that follows through page 213, line 14. ments made by subsection (b)) $10,000,000 for (2) DAIRY PAYMENTS.— On page 213, line 15, strike ‘‘(f)’’ and insert the period of fiscal years 2007 through 2012. (A) DISTRIBUTION.—Payments under sub- ‘‘(e)’’. section (a)(2) shall be distributed in a man- SEC. CAPITOL COMPLEX VEHICLES Beginning on page 228, strike line 4 and all ner that is consistent with section 1502 of the (a) STUDY ON TRANSPORTATION INFRASTRUC- that follows through page 230, line 18 and in- Farm and Rural Investment Act of 2002 (7 TURE.—The Architect of the Capitol, building sert the following: U.S.C. 7982). on the Master Plan Study completed in July SEC. 3021. REPLENISHMENT OF SECTION 32. (B) MAXIMUM AMOUNT.—Subject to para- 2000, shall conduct a study to evaluate accel- (a) DEFINITION OF SPECIALTY CROP.—In this graph (3), the total amount available for pay- erated procurement of hybrid and alter- section: ments under subsection (a)(2) shall not ex- native fueled vehicles under title V of the (1) IN GENERAL.—The term ‘‘specialty crop’’ ceed $172,000,000. Energy Policy Act of 1992 (42 U.S.C. 13251 et means any agricultural crop. (3) OVERALL LIMITATION.—The Secretary seq.) as amended by this Act for use in the (2) EXCEPTION.—The term ‘‘specialty crop’’ shall ensure that no person receives pay- Capitol Complex and determine how the ex- does not include— ments under subsection (a) in excess of the isting transportation system could be aug- (A) wheat; per person limitations applicable to pro- mented to become more energy efficient, use (B) feed grains; ducers that receive payments under sub- hybrid and alternative fueled vehicles and (C) oilseeds; section (a)(1). other unconventional and renewable fuels, in (D) cotton; On page 233, strike lines 3 through line 11. a way that would enable the conduct of rou- (E) rice; On page 233 line 12, strike ‘‘3043’’ and in- tine maintenance and provide for additional (F) peanuts; or sert ‘‘3042’’. transport for Members of Congress and staff

VerDate Aug 31 2005 03:52 May 03, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.070 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3907 between locations in the Complex. Such ‘‘(1) in the case of such equipment de- amended by this Act, is amended by striking study should seek to ensure that no fewer scribed in subsection (c)(1)(A)(i), 15 percent ‘‘plus’’ at the end of paragraph (21), by strik- than 30 percent of the vehicles in the Capitol of the cost of such equipment, and ing the period at the end of paragraph (22) Complex are hybrid and alternative fueled ‘‘(2) in the case of such equipment de- and inserting ‘‘, plus’’, and by adding at the vehicles by 2010, and may set a more aggres- scribed in subsection (c)(1)(A)(ii), 15 percent end the following new paragraph: sive procurement goal as practicable. of so much of the cost of each piece of equip- ‘‘(23) the qualified recycling equipment (b) REPORT.—Not later than 1 year after ment as exceeds $400,000. credit determined under section 45M(a).’’. the date of enactment of this Act, the Archi- ‘‘(c) DEFINITIONS.—For purposes of this sec- (2) Subsection (a) of section 1016, as amend- tect of the Capitol shall transmit to Con- tion— ed by this Act, is amended by striking ‘‘and’’ gress a report containing the results of the ‘‘(1) QUALIFIED RECYCLING EQUIPMENT.— at the end of paragraph (37), by striking the study conducted under subsection (a). ‘‘(A) IN GENERAL.—The term ‘qualified re- period at the end of paragraph (38) and in- (c) AUTHORIZATION.—There are authorized cycling equipment’ means equipment, in- serting ‘‘; and’’, and by adding at the end the to be appropriated to the Architect of the cluding connecting piping— following new paragraph: Capitol such sums as may be necessary to ‘‘(i) employed in sorting or processing resi- ‘‘(39) to the extent provided in section carry out this section. Such sums shall re- dential and commercial qualified recyclable 45M(f), in the case of amounts with respect main available until expended. materials described in paragraph (2)(A) for to which a credit has been allowed under sec- the purpose of converting such materials for tion 45M.’’. SA 3841. Mr. JEFFORDS submitted use in manufacturing tangible consumer (3) The table of sections for subpart D of an amendment intended to be proposed products, including packaging, or part IV of subchapter A of chapter 1, as to amendment SA 3700 submitted by ‘‘(ii) the primary purpose of which is the amended by this Act, is amended by insert- ing after the item relating to section 45L the Mr. DOMENICI (for himself, Mr. GRASS- shredding and processing of qualified recy- clable materials described in paragraph following new item: LEY, and Mr. STEVENS) and intended to (2)(B). ‘‘Sec. 45M. Credit for qualified recycling be proposed to the bill H.R. 4939, mak- ‘‘(B) EQUIPMENT AT COMMERCIAL OR PUBLIC equipment.’’. ing emergency supplemental appropria- VENUES INCLUDED.—For purposes of subpara- (c) EFFECTIVE DATE—The amendments tions for the fiscal year ending Sep- graph (A)(i), such term includes equipment made by this section shall apply to taxable tember 30, 2006, and for other purposes; which is utilized at commercial or public years beginning after December 31, 2005. which was ordered to lie on the table; venues, including recycling collection cen- as follows: ters, where the equipment is utilized to sort SA 3844. Mr. JEFFORDS submitted an amendment intended to be proposed Beginning on page 31 of the amendment, or process qualified recyclable materials for strike line 15 and all that follows through such purpose. to amendment SA 3700 submitted by ‘‘(C) EXCLUSION.—Such term does not in- page 33, line 16. Mr. DOMENICI (for himself, Mr. GRASS- clude rolling stock or other equipment used LEY, and Mr. STEVENS) and intended to SA 3842. Mr. JEFFORDS submitted to transport recyclable materials. be proposed to the bill H.R. 4939, mak- an amendment intended to be proposed ‘‘(2) QUALIFIED RECYCLABLE MATERIALS.— The term ‘qualified recyclable materials’ ing emergency supplemental appropria- to amendment SA 3700 submitted by means— tions for the fiscal year ending Sep- Mr. DOMENICI (for himself, Mr. GRASS- ‘‘(A) any packaging or printed material tember 30, 2006, and for other purposes; LEY, and Mr. STEVENS) and intended to which is glass, paper, plastic, steel, or alu- which was ordered to lie on the table; be proposed to the bill H.R. 4939, mak- minum, and as follows: ing emergency supplemental appropria- ‘‘(B) any electronic waste (including any At the end of p. 4, line 17 of the amend- tions for the fiscal year ending Sep- cathode ray tube, flat panel screen, or simi- ment, insert the following section: lar video display device with a screen size tember 30, 2006, and for other purposes; ‘‘SEC. . CREDIT FOR EQUIPMENT FOR PROC- greater than 4 inches measured diagonally, which was ordered to lie on the table; ESSING OR SORTING MATERIALS or a central processing unit), GATHERED THROUGH RECYCLING. as follows: generated by an individual or business and (a) IN GENERAL.—Subpart IV of part H of Beginning on page 16 of the amendment, which has been separated from solid waste subchapter A of chapter 1 of the Internal strike line 3 and all that follows through for the purposes of collection and recycling. Revenue Code (relating to business-related page 17, line 4. ‘‘(3) PROCESSING.—The term ‘processing’ credits), as amended by the Energy Policy means the preparation of qualified recycla- Act of 2005 (Public Law 109–58), is amended SA 3843. Mr. JEFFORDS submitted ble materials into feedstock for use in manu- by adding at the end the following new sec- an amendment intended to be proposed facturing tangible consumer products. tion: to amendment SA 3700 submitted by ‘‘(d) AMOUNT PAID OR INCURRED.—For pur- ‘‘SEC. 45M. CREDIT FOR QUALIFIED RECYCLING Mr. DOMENICI (for himself, Mr. GRASS- poses of this section— EQUIPMENT. LEY, and Mr. STEVENS) and intended to ‘‘(1) IN GENERAL.—The term ‘amount paid ‘‘(a) ALLOWANCE OF CREDIT.—For purposes be proposed to the bill H.R. 4939, mak- or incurred’ includes installation costs. of section 38, the qualified recycling equip- ment credit determined under this section ing emergency supplemental appropria- ‘‘(2) LEASE PAYMENTS.—In the case of the leasing of qualified recycling equipment by for the taxable year is an amount equal to tions for the fiscal year ending Sep- the taxpayer, the term ‘amount paid or in- the amount paid or incurred during the tax- tember 30, 2006, and for other purposes; curred’ means the amount of the lease pay- able year for the cost of qualified recycling which was ordered to lie on the table; ments due to be paid during the term of the equipment placed in service or leased by the as follows: lease occurring during the taxable year other taxpayer. At the end of p. 4, line 17 of the amend- than such portion of such lease payments at- ‘‘(b) LIMITATION.—The amount allowable as ment, insert the following section: tributable to interest, insurance, and taxes. a credit under subsection (a) with respect to any qualified recycling equipment shall not SEC. . CREDIT FOR EQUIPMENT FOR PROC- ‘‘(3) GRANTS, ETC. EXCLUDED.—The term ESSING OR SORTING MATERIALS ‘amount paid or incurred’ shall not include exceed— GATHERED THROUGH RECYCLING. any amount to the extent such amount is ‘‘(1) in the case of such equipment de- (a) IN GENERAL.—Subpart D of part IV of funded by any grant, contract, or otherwise scribed in subsection (c)(1)(A)(i), 15 percent subchapter A of chapter 1 of the Internal by another person (or any governmental en- of the cost of such equipment, and ‘‘(2) in the case of such equipment de- Revenue Code (relating to business-related tity). scribed in subsection (c)(1)(A)(ii), 15 percent credits), as amended by the Energy Policy ‘‘(e) OTHER TAX DEDUCTIONS AND CREDITS of so much of the cost of each piece of equip- Act of 2005 (Public Law 109–58), is amended AVAILABLE FOR PORTION OF COST NOT TAKEN ment as exceeds $400,000. by adding at the end the following new sec- INTO ACCOUNT FOR CREDIT UNDER THIS SEC- ‘‘(c) DEFINITIONS.—For purposes of this sec- tion: TION.—No deduction or other credit under tion— ‘‘SEC. 45M. CREDIT FOR QUALIFIED RECYCLING this chapter shall be allowed with respect to ‘‘(1) QUALIFIED RECYCLING EQUIPMENT.— EQUIPMENT. the amount of the credit determined under ‘‘(A) IN GENERAL.—The term ‘qualified re- ‘‘(a) ALLOWANCE OF CREDIT.—For purposes this section. cycling equipment’ means equipment, in- of section 38, the qualified recycling equip- ‘‘(f) BASIS ADJUSTMENTS.—For purposes of cluding connecting piping— ment credit determined under this section this subtitle, if a credit is allowed under this ‘‘(i) employed in sorting or processing resi- for the taxable year is an amount equal to section for any amount paid or incurred with dential and commercial qualified recyclable the amount paid or incurred during the tax- respect to any property, the increase in the materials described in paragraph (2)(A) for able year for the cost of qualified recycling basis of such property which would (but for the purpose of converting such materials for equipment placed in service or leased by the this subsection) result from such expenditure use in manufacturing tangible consumer taxpayer. shall be reduced by the amount of the credit products, including packaging, or ‘‘(b) LIMITATION.—The amount allowable as so allowed.’’. ‘‘(ii) the primary purpose of which is the a credit under subsection (a) with respect to (b) CONFORMING AMENDMENTS— shredding and processing of qualified recy- any qualified recycling equipment shall not (1) CREDIT MADE PART OF GENERAL BUSINESS clable materials described in paragraph exceed— CREDIT.—Subsection (b) of section 38, as (2)(B).

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‘‘(B) EQUIPMENT AT COMMERCIAL OR PUBLIC ‘‘Sec. 45M. Credit for qualified recycling of the Energy Policy Act of 1992 (42 U.S.C. VENUES INCLUDED.—For purposes of subpara- equipment.’’. 13251 et seq.), at least 30 percent shall be hy- graph (A)(i), such term includes equipment (c) EFFECTIVE DATE.—The amendments brid motor vehicles (including plug-in hybrid which is utilized at commercial or public made by this section shall apply to taxable motor vehicles) or new advanced lean burn venues, including recycling collection cen- years beginning after December 31, 2005. technology motor vehicles (as defined in sec- ters, where the equipment is utilized to sort tion 30B(c)(3) of the Internal Revenue Code of or process qualified recyclable materials for SA 3845. Mr. JEFFORDS submitted 1986). such purpose. an amendment intended to be proposed (b) INCLUSION OF ELECTRIC DRIVE IN ENERGY ‘‘(C) EXCLUSION.—Such term does not in- to amendment SA 3700 submitted by POLICY ACT OF 1992.—Section 508(a) of the clude rolling stock or other equipment used Energy Policy Act of 1992 (42 U.S.C. 13258(a)) to transport recyclable materials. Mr. DOMENICI (for himself, Mr. GRASS- is amended— ‘‘(2) QUALIFIED RECYCLABLE MATERIALS.— LEY, and Mr. STEVENS) and intended to (1) by inserting ‘‘(1)’’ before ‘‘The Sec- The term ‘qualified recyclable materials’ be proposed to the bill H.R. 4939, mak- retary’’; and means— ing emergency supplemental appropria- (2) by adding at the end the following: ‘‘(A) any packaging or printed material tions for the fiscal year ending Sep- ‘‘(2) Not later than January 31,2007, the which is glass, paper, plastic, steel, or alu- tember 30, 2006, and for other purposes; Secretary shall— minum, and ‘‘(A) allocate credit in an amount to be de- which was ordered to lie on the table; termined by the Secretary for— ‘‘(B) any electronic waste (including any as follows: cathode ray tube, flat panel screen, or simi- ‘‘(i) acquisition of— lar video display device with a screen size Beginning on page 31 of the amendment, ‘‘(I) a light-duty hybrid electric vehicle; greater than 4 inches measured diagonally, strike line 15 and all that follows through ‘‘(II) a plug-in hybrid electric vehicle; ‘‘(III) a fuel cell electric vehicle; or a central processing unit), page 33, line 16, and on page 47 of the amend- ment strike line 18 and all that follows ‘‘(IV) a medium- or heavy-duty hybrid generated by an individual or business and through page 49, line 4. electric vehicle; which has been separated from solid waste ‘‘(V) a neighborhood electric vehicle; or for the purposes of collection and recycling. SA 3846. Mr. JEFFORDS submitted ‘‘(VI) a medium- or heavy-duty dedicated ‘‘(3) PROCESSING.—The term ‘processing’ an amendment intended to be proposed vehicle; and means the preparation of qualified recycla- ‘‘(ii) investment in qualified alternative ble materials into feedstock for use in manu- to amendment SA 3700 submitted by fuel infrastructure or nonroad equipment, as facturing tangible consumer products. Mr. DOMENICI (for himself, Mr. GRASS- determined by the Secretary; and ‘‘(d) AMOUNT PAID OR INCURRED.—For pur- LEY, and Mr. STEVENS) and intended to ‘‘(B) allocate more than I, but not to ex- poses of this section— be proposed to the bill H.R. 4939, mak- ceed 5, credits fur investment in an emerging ‘‘(1) IN GENERAL.—The term ‘amount paid ing emergency supplemental appropria- technology relating to any vehicle described or incurred’ includes installation costs. tions for the fiscal year ending Sep- in subparagraph (A) to encourage— ‘‘(2) LEASE PAYMENTS.—In the case of the tember 30, 2006, and for other purposes; ‘‘(i) a reduction in petroleum demand; leasing of qualified recycling equipment by ‘‘(ii) technological advancement; and the taxpayer, the term ‘amount paid or in- which was ordered to lie on the table; ‘‘(iii) enhanced environmental performance curred’ means the amount of the lease pay- as follows: and compliance with federal environmental ments due to be paid during the term of the Beginning on page 31 of the amendment, law.’’. lease occurring during the taxable year other strike line 15 and all that follows through (c) AUTHORIZATION OF APPROPRIATIONS.— than such portion of such lease payments at- page 33, line 16. There is authorized to be appropriated to tributable to interest, insurance, and taxes. carry out this section (including the amend- ‘‘(3) GRANTS, ETC. EXCLUDED.—The term SA 3847. Mr. JEFFORDS submitted ments made by subsection (b)) $10,000,000 for ‘amount paid or incurred’ shall not include an amendment intended to be proposed the period of fiscal years 2007 through 2012. any amount to the extent such amount is to amendment SA 3700 submitted by SEC. CAPITOL COMPLEX VEHICLES. funded by any grant, contract, or otherwise Mr. DOMENICI (for himself, Mr. GRASS- (a) STUDY ON TRANSPORTATION INFRASTRUC- by another person (or any governmental en- LEY, and Mr. STEVENS) and intended to TURE.—The Architect of the Capitol, building tity). be proposed to the bill H.R. 4939, mak- on the Master Plan Study completed in July ‘‘(e) OTHER TAX DEDUCTIONS AND CREDITS 2000, shall conduct a study to evaluate accel- AVAILABLE FOR PORTION OF COST NOT TAKEN ing emergency supplemental appropria- erated procurement of hybrid and alter- INTO ACCOUNT FOR CREDIT UNDER THIS SEC- tions for the fiscal year ending Sep- native fueled vehicles under title V of the TION.—No deduction or other credit under tember 30, 2006, and for other purposes; Energy Policy Act of 1992 (42 U.S.C. 13251 et this chapter shall be allowed with respect to which was ordered to lie on the table; seq.) as amended by this Act for use in the the amount of the credit determined under as follows: Capitol Complex and determine how the ex- this section. Beginning on page 16 of the amendment, isting transportation system could be aug- ‘‘(f) BASIS ADJUSTMENTS.—For purposes of strike line 3 and all that follows through mented to become more energy efficient, use this subtitle, if a credit is allowed under this page 17, line 4. hybrid and alternative fueled vehicles and section for any amount paid or incurred with other unconventional and renewable fuels, in respect to any property, the increase in the SA 3848. Mr. JEFFORDS submitted a way that would enable the conduct of rou- basis of such property which would (but for an amendment intended to be proposed tine maintenance and provide for additional this subsection) result from such expenditure transport for Members of Congress and staff shall be reduced by the amount of the credit to amendment SA 3700 submitted by between locations in the Complex. Such so allowed.’’. Mr. DOMENICI (for himself, Mr. GRASS- study should seek to ensure that no fewer (b) CONFORMING AMENDMENTS.— LEY, and Mr. STEVENS) and intended to than 30 percent of the vehicles in the Capitol (1) CREDIT MADE PART OF GENERAL BUSINESS be proposed to the bill H.R. 4939, mak- Complex are hybrid and alternative fueled CREDIT.—Subsection (b) of section 38, as ing emergency supplemental appropria- vehicles by 2010, and may set a more aggres- amended by this Act, is amended by striking tions for the fiscal year ending Sep- sive procurement goal as practicable. ‘‘plus’’ at the end of paragraph (21), by strik- tember 30, 2006, and for other purposes; (b) REPORT.—Not later than 1 year after ing the period at the end of paragraph (22) which was ordered to lie on the table; the date of enactment of this Act, the Archi- and inserting ‘‘, plus’’, and by adding at the tect of the Capitol shall transmit to Con- end the following new paragraph: as follows: gress a report containing the results of the ‘‘(23) the qualified recycling equipment At the end of the amendment, insert the study conducted under subsection (a). credit determined under section 45M(a).’’. following text: (c) AUTHORIZATION.—There are authorized (2) Subsection (a) of section 1016, as amend- SEC. . FEDERAL AND CAPITOL COMPLEX FLEET to be appropriated to the Architect of the ed by this Act, is amended by striking ‘‘and’’ REQUIREMENTS. Capitol such sums as may be necessary to at the end of paragraph (37), by striking the (a) REGULATIONS.— carry out this section. Such sums shall re- period at the end of paragraph (38) and in- (1) IN GENERAL.—The Secretary of Energy main available until expended. serting ‘‘; and’’, and by adding at the end the shall issue regulations for Federal fleets sub- following new paragraph: ject to the Energy Policy Act of 1992 (42 SA 3849. Mr. KENNEDY submitted an ‘‘(39) to the extent provided in section U.S.C. 13201 et seq.) requiring that not later amendment intended to be proposed to 45M(t), in the case of amounts with respect than fiscal year 2016 each Federal agency amendment SA 3688 submitted by Mr. to which a credit has been allowed under sec- achieve at least a 30 percent reduction in pe- KENNEDY to the bill H.R. 4939, making tion 45M.’’. troleum consumption, as calculated from the emergency supplemental appropria- (3) The table of sections for subpart D of baseline established by the Secretary for fis- part IV of subchapter A of chapter 1, as cal year 1999. tions for the fiscal year ending Sep- amended by this Act, is amended by insert- (2) REQUIREMENT.—Not later than fiscal tember 30, 2006, and for other purposes; ing after the item relating to section 45L the year 2016, of the Federal vehicles required to which was ordered to lie on the table; following new item: be alternative fueled vehicles under title V as follows:

VerDate Aug 31 2005 04:46 May 03, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.079 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3909 At the end of the amendment, add the fol- amendment SA 3700 submitted by Mr. tary bases in Iraq, or to exercise United lowing: DOMENICI (for himself, Mr. GRASSLEY States control over the oil infrastructure or SEC. lll. Of the funds provided in this Mr. STEVENS) and intended to be pro- oil resources of Iraq. chapter for the Economic Support Fund, not posed to the bill H.R. 4939, making less than $106,000,000 should be made avail- SA 3856. Mr. JEFFORDS submitted emergency supplemental appropria- able for the purpose of supporting democracy an amendment intended to be proposed tions for the fiscal year ending Sep- programs in Iraq. to amendment SA 3700 submitted by tember 30, 2006, and for other purposes; Mr. DOMENICI (for himself, Mr. GRASS- SA 3850. Mr. WYDEN (for himself, which was ordered to lie on the table; LEY, and Mr. STEVENS) and intended to Mr. KYL, Mr. LIEBERMAN, Ms. SNOWE, as follows: be proposed to the bill H.R. 4939, mak- Mr. LAUTENBERG, and Mrs. BOXER) sub- Beginning on page 29 of the amendment, ing emergency supplemental appropria- mitted an amendment intended to be strike line 17 and all that follows through tions for the fiscal year ending Sep- proposed to amendment SA 3665 pro- page 54, line 25. tember 30, 2006, and for other purposes; posed by Mr. WYDEN to the bill H.R. which was ordered to lie on the table; 4939, making emergency supplemental SA 3853. Mr. OBAMA (for himself, as follows: appropriations for the fiscal year end- Mr. COBURN, and Mr. KENNEDY) sub- ing September 30, 2006, and for other mitted an amendment intended to be Beginning on page 31 of the amendment, proposed by him to the bill H.R. 4939, strike line 15 and all that follows through purposes; which was ordered to lie on page 33, line 16, and on page 47 of the amend- the table; as follows: making emergency supplemental ap- propriations for the fiscal year ending ment strike line 18 and all that follows In lieu of the matter proposed to be in- through page 49, line 4. serted, insert the following: September 30, 2006, and for other pur- poses; which was ordered to lie on the PROHIBITION OF FUNDS FOR OIL AND NATURAL SA 3857. Mr. JEFFORDS submitted GAS ROYALTY RELIEF table; as follows: an amendment intended to be proposed At the end of the amendment, add the fol- SEC. 7032. (a) No funds made available to amendment SA 3613 submitted by under this Act or any other Act for any fis- lowing: Mr. VOINOVICH (for himself, Mr. OBAMA, cal year for royalty and offshore minerals ACCOUNTABILITY IN HURRICANE RECOVERY Mr. DEWINE, Mr. LEVIN, Ms. STABENOW, management may be used by the Secretary CONTRACTING Mr. DURBIN, and Mr. DAYTON) and in- of the Interior to provide relief from a re- SEC. 7032. None of the funds appropriated tended to be proposed to the bill H.R. quirement to pay a royalty for the produc- by this Act that are made available for relief 4939, making emergency supplemental tion of oil or natural gas from Federal land and recovery efforts related to Hurricane appropriations for the fiscal year end- during any year in which— Katrina and the other hurricanes of the 2005 (1) for the production of oil, the arithmetic season may be used by an executive agency ing September 30, 2006, and for other average of the closing prices on the New to enter into any Federal contract exceeding purposes; which was ordered to lie on York Mercantile Exchange for light sweet $500,000 through the use of procedures other the table; as follows: crude oil is greater than $55 a barrel; and than competitive procedures as required by At the end of the matter proposed to be in- (2) for the production of natural gas, the the Federal Acquisition Regulation and, as serted, add the following: ‘‘Provided further, arithmetic average of the closing prices on applicable, section 303(a) of the Federal That, of the amount provided under this the New York Mercantile Exchange for nat- Property and Administrative Services Act of heading, $500,000 shall be made available for ural gas is greater than $10 per million Brit- 1949 (41 U.S.C. 253(a)) or section 2304(a) of the construction, operation, and mainte- ish thermal units. title 10, United States Code. nance, at full Federal expense, of a dispersal (b) In administering funds made available barrier project at the Lake Champlain for royalty or offshore minerals manage- SA 3854. Mrs. BOXER submitted an Canal, Vermont. ment, the Secretary of the Interior may amendment intended to be proposed to waive or specify alternative requirements if amendment SA 3816 submitted by Mrs. SA 3858. Mr. ENSIGN (for Mr. the Secretary of the Interior determines that BOXER and intended to be proposed to MCCAIN) proposed an amendment to royalty relief is necessary to avoid oil or the bill S. 1003, to amend the Act of De- natural gas supply disruptions as a con- the bill H.R. 4939, making emergency sequence of hurricanes or other natural dis- supplemental appropriations for the cember 22, 1974, and for other purposes; asters. fiscal year ending September 30, 2006, as follows: and for other purposes; which was or- Strike all after the enacting clause and in- SA 3851. Ms. LANDRIEU submitted dered to lie on the table; as follows: sert the following: an amendment intended to be propsoed In lieu of the matter proposed to be in- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. to amendment SA 3593 submitted by serted, insert the following: (a) SHORT TITLE.—This Act may be cited as the ‘‘Navajo-Hopi Land Settlement Amend- Ms. LANDRIEU and intended to be pro- SENSE OF SENATE ON ESTABLISHMENT OF DE- ments of 2005’’. posed to the bill H.R. 4939, making PARTMENT OF DEFENSE TASK FORCE ON MEN- (b) TABLE OF CONTENTS.—The table of con- TAL HEALTH emergency supplemental appropria- tents of this Act is as follows: tions for the fiscal year ending Sep- SEC. l. It is the sense of the Senate that Sec. 1. Short title; table of contents. tember 30, 2006, and for other purposes; the Secretary of Defense should comply with section 723 of the National Defense Author- Sec. 2. Findings. which was ordered to lie on the table; Sec. 3. Effect of Act. as follows: ization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3348) and immediately es- TITLE I—AMENDMENTS TO THE ACT OF In lieu of the matter proposed to be added, tablish, and appoint the members of, the De- DECEMBER 22, 1974 add the following: partment of Defense task force on mental Sec. 101. Repeal of sections. CHAPTER ll health required pursuant to that section. Sec. 102. Definitions; division of land. FLEXIBILITY IN HURRICANE EDUCATION Sec. 103. Joint ownership of minerals. FUNDING SA 3855. Mr. BIDEN submitted an Sec. 104. Actions. Sec. 105. Paiute Indian allotments. SEC. ll. Notwithstanding any other pro- amendment intended to be proposed to Sec. 106. Partitioned and other designated vision of law, the Director of the Federal amendment SA 3717 submitted by Mr. land. Emergency Management Agency, in pro- BIDEN and intended to be proposed to Sec. 107. Resettlement land for Navajo viding assistance to entities located in Lou- the bill H.R. 4939, making emergency Tribe. isiana that are seeking reimbursement for supplemenial appropriations for the Sec. 108. Office of Navajo and Hopi Indian damages incurred to public schools due to fiscal year ending September 30, 2006, Relocation. the effects of Hurricane Katrina or Hurri- and for other purposes; which was or- Sec. 109. Report. cane Rita, shall provide the aggregate dered to lie on the table; as follows: Sec. 110. Relocation of households and mem- amount of such assistance directly to the bers. In lieu of the matter proposed to be in- State educational agency serving Louisiana Sec. 111. Relocation housing. serted, insert the following: to enable such agency to pay for expenses re- Sec. 112. Payment for use of land. On page 253, between lines 19 and 20, insert lated to school reconstruction, renovation, Sec. 113. Effect of Act. the following: or repair, as determined appropriate by such Sec. 114. Actions for accounting, fair value agency. PROHIBITION ON USE OF FUNDS FOR CERTAIN of grazing, and claims for dam- PURPOSES IN IRAQ ages to land. SA 3852. Mr. LIEBERMAN (for him- SEC. 7032. None of the funds made available Sec. 115. Joint use. self and Ms. CANTWELL) submitted an by title I of this Act may be made available Sec. 116. Religious ceremonies; piping of amendment intended to be proposed to to establish permanent United States mili- water.

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Sec. 117. Access to religious shrines. SEC. 3. EFFECT OF ACT. ‘‘(3) DEFENSE.—Neither’’; and Sec. 118. Exclusion of Payments from cer- Nothing in this Act, or an amendment (D) by striking ‘‘section 18’’ each place it tain Federal determinations of made by this Act— appears and inserting ‘‘section 14’’; income. (1) limits or otherwise affects any deter- (4) in subsection (d), by striking ‘‘(d) Noth- Sec. 119. Authorization of exchange. mination of a court, including a determina- ing’’ and inserting the following: Sec. 120. Severability. tion relating to an action pending as of the ‘‘(d) EFFECT OF SECTION.—Nothing’’; Sec. 121. Authorization of appropriations. date of enactment of this Act, relating to a (5) in subsection (e), by striking ‘‘(e) The’’ Sec. 122. Discretionary fund. dispute of the Navajo Indian tribe or the and inserting the following: Sec. 123. Attorney fees and court costs. Hopi Indian tribe with respect to— ‘‘(e) PAYMENT OF LEGAL FEES, COURT Sec. 124. Lobbying. (A) land; or COSTS, AND OTHER EXPENSES.—The’’; and Sec. 125. Navajo Rehabilitation Trust Fund. (B) any settlement agreement; or (6) by striking subsection (f). Sec. 126. Availability of Funds for relocation (2) authorizes any cause of action not in SEC. 105. PAIUTE INDIAN ALLOTMENTS. assistance. existence on the day before the date of en- Section 9 of the Act of December 22, 1974 TITLE II—TRANSFER OF FUNCTIONS AND actment of this Act. (25 U.S.C. 640d–8), is amended by striking SAVINGS PROVISIONS TITLE I—AMENDMENTS TO THE ACT OF ‘‘SEC. 9. Notwithstanding’’ and inserting the Sec. 201. Definitions. DECEMBER 22, 1974 following: ‘‘SEC. 5. PAIUTE INDIAN ALLOTMENTS. Sec. 202. Transfer of functions. SEC. 101. REPEAL OF SECTIONS. Sec. 203. Personnel provisions. ‘‘Notwithstanding’’. (a) IN GENERAL.—The Act of December 22, Sec. 204. Delegation and assignment. 1974 (25 U.S.C. 640d et seq.), is amended in the SEC. 106. PARTITIONED AND OTHER DESIGNATED Sec. 205. Reorganization. LAND. first undesignated section by striking ‘‘That, Sec. 206. Rules. Section 10 of the Act of December 22, 1974 (a) within’’ and all that follows through the Sec. 207. Transfer and allocations of appro- (25 U.S.C. 640d–9), is amended— end of the section. priations and personnel. (1) by striking ‘‘SEC. 10. (a) Subject’’ and (b) ADDITIONAL REPEALS.—Sections 2 Sec. 208. Incidental transfers. inserting the following: through 5 and sections 26, 28, and 30 of the Sec. 209. Effect on personnel. Act of December 22, 1974 (25 U.S.C. 640d–1 ‘‘SEC. 6. PARTITIONED AND OTHER DESIGNATED Sec. 210. Separability. LAND. through 640d–4; 88 Stat. 1723; 25 U.S.C. 640d– Sec. 211. Transition. ‘‘(a) NAVAJO TRUST LAND.—Subject’’; Sec. 212. Report. 26, 640d–28), are repealed. (2) in subsection (a), by striking ‘‘section 9 Sec. 213. References. SEC. 102. SHORT TITLE; DEFINITIONS. and subsection (a) of section 17’’ and insert- Sec. 214. Additional conforming amendment. Section 6 of the Act of December 22, 1974 ing ‘‘sections 5 and 13(a)’’; Sec. 215. Effect of title. (25 U.S.C. 640d–5), is amended by striking (3) in subsection (b)— Sec. 216. Effective date. ‘‘SEC. 6. The Mediator’’ and all that follows (A) by striking ‘‘(b) Subject’’ and inserting TITLE III—PERSONNEL OF THE OFFICE through the end of the section and inserting the following: OF NAVAJO AND HOPI RELOCATION the following: ‘‘(b) HOPI TRUST LAND.—Subject’’; Sec. 301. Separation pay. ‘‘SECTION 1. SHORT TITLE. (B) by striking ‘‘section 9 and subsection Sec. 302. Federal retirement. ‘‘This Act may be cited as the ‘Navajo- (a) of section 17’’ and inserting ‘‘sections 5 Hopi Land Settlement Act’. and 13(a)’’; SEC. 2. FINDINGS. ‘‘SEC. 2. DEFINITIONS. (C) by inserting ‘‘(as in effect on the day Congress finds that— ‘‘In this Act: before the date of enactment of the Navajo- (1) the Act of December 22, 1974 (25 U.S.C. ‘‘(1) DISTRICT COURT.—The term ‘District Hopi Land Settlement Amendments of 2005)’’ 640d et seq.) (commonly known as the ‘‘Nav- Court’ means the United States District after ‘‘section 3 or 4’’; and ajo-Hopi Land Settlement Act of 1974’’) was Court for the District of Arizona. (D) by striking ‘‘section 8’’ and inserting enacted to address the century-long land dis- ‘‘(2) SECRETARY.—The term ‘Secretary’ ‘‘section 4’’; putes between the Navajo Tribe and the Hopi means the Secretary of the Interior. (4) in subsection (c)— Tribe and to establish a relocation process to ‘‘(3) TRIBE.—The term ‘Tribe’ means— (A) by striking ‘‘(c) The’’ and inserting the remove, by December 31, 1986, Navajos and ‘‘(A) the Navajo Indian Tribe; and following: Hopis from land allocated to the other tribe ‘‘(B) the Hopi Indian Tribe.’’. ‘‘(c) PROTECTION OF RIGHTS AND PROP- by requiring the filing of a relocation plan; SEC. 103. JOINT OWNERSHIP OF MINERALS. ERTY.—The’’; and (2) the Office of Navajo and Hopi Reloca- (B) by striking ‘‘pursuant thereto’’ and all tion was established in 1988 as a temporary Section 7 of the Act of December 22, 1974 (25 U.S.C. 640d–6), is amended— that follows through the end of the sub- independent agency to implement a 1981 re- section and inserting ‘‘pursuant to this Act’’; location plan under that Act to relocate eli- (1) by striking ‘‘SEC. 7. Partition’’ and in- serting the following: (5) in subsection (d), by striking ‘‘(d) With’’ gible families that lived on disputed land as and inserting the following: ‘‘SEC. 3. JOINT OWNERSHIP OF MINERALS. of December 22, 1974; ‘‘(d) PROTECTION OF BENEFITS AND SERV- (3) the relocation process has been plagued ‘‘(a) IN GENERAL.—Partition’’; and ICES.—With’’; and with controversy and delay, and Congress (2) in the second sentence, by striking (6) in subsection (e)— has had to amend the Act several times to ‘‘All’’ and inserting the following: (A) by striking ‘‘(e)(1) Lands’’ and insert- authorize the expansion of original reloca- ‘‘(b) JOINT MANAGEMENT.—All’’. ing the following: tion activity and to provide additional ap- SEC. 104. ACTIONS. ‘‘(e) TRIBAL JURISDICTION OVER PARTI- propriations for the implementation of relo- Section 8 of the Act of December 22, 1974 TIONED LAND.— cation activities; (25 U.S.C. 640d–7), is amended— ‘‘(1) IN GENERAL.—Land’’; (4) the Office of Navajo and Hopi Indian Re- (1) by striking ‘‘SEC. 8. (a) Either Tribe’’ (B) by adjusting the margins of subpara- location has reviewed over 4,600 applications, and inserting the following: graphs (A) and (B) of paragraph (1) appro- considered numerous appeals, provided relo- ‘‘SEC. 4. ACTIONS. priately; and cation homes for over 3,600 families; ‘‘(a) ACTIONS IN DISTRICT COURT.—Either (C) in the matter following subparagraph (5) the Office of Navajo and Hopi Indian Re- Tribe’’; (B)— location has provided financial assistance (2) in subsection (b)— (i) by striking ‘‘The provisions’’ and insert- and technical support to the Navajo Tribe (A) in the first sentence, by striking ‘‘(b) ing the following: and the Hopi Tribe to address the impacts of Lands, if any,’’ and inserting the following: ‘‘(2) RESPONSIBILITY OF SECRETARY.—The relocation, including the operation of live- ‘‘(b) ALLOCATION OF LAND.— provisions’’; and stock grazing programs and resources to as- ‘‘(1) NAVAJO RESERVATION.—Any land’’; (ii) by striking ‘‘life tenants and’’. sist in the resettlement of individuals; (B) in the second sentence, by striking SEC. 107. RESETTLEMENT LAND FOR NAVAJO (6) individual Navajos and Hopis have had ‘‘Lands, if any,’’ and inserting the following: TRIBE. over 20 years during which to apply for and ‘‘(2) HOPI RESERVATION.—Any land’’; and (a) IN GENERAL.—Section 11(a) of the Act of receive relocation benefits or to appeal a (C) in the third sentence, by striking ‘‘Any December 22, 1974 (25 U.S.C. 640d–10(a)), is finding of ineligibility through the Office of lands’’ and inserting the following: amended— Navajo and Hopi Relocation and in Federal ‘‘(3) JOINT AND UNDIVIDED INTERESTS.—Any (1) by striking ‘‘SEC. 11. (a) The Secretary’’ district court; and land’’; and inserting the following: (7) the Office of Navajo and Hopi Reloca- (3) in subsection (c)— ‘‘SEC. 7. RESETTLEMENT LAND FOR NAVAJO tion has had sufficient time in which to no- (A) by striking ‘‘(c)(1) Either’’ and insert- TRIBE. tify potential eligible applicants of the op- ing the following: ‘‘(a) TRANSFER OF LAND.— portunity to receive relocation benefits, to ‘‘(c) EXCHANGE OF LAND.— ‘‘(1) IN GENERAL.—The Secretary’’; certify that specific individuals qualify for ‘‘(1) IN GENERAL.—Either’’; (2) by striking ‘‘(1) transfer not to exceed such benefits, and to provide eligible individ- (B) in paragraph (2), by striking ‘‘(2) In the two hundred and fifty thousand acres of uals with replacement housing, counseling, event’’ and inserting the following: lands’’ and inserting the following: and other assistance to adapt to relocation ‘‘(2) INTERESTS OF TRIBES.—If’’; ‘‘(A) transfer not more than 250,000 acres of on Indian land or within non-Indian commu- (C) in paragraph (3), by striking ‘‘(3) Nei- land (including any acres previously trans- nities. ther’’ and inserting the following: ferred under this Act)’’;

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(3) by striking ‘‘Tribe: Provided, That’’ and (c) SELECTION OF LAND.—Section 11(c) of ‘‘(b) APPOINTMENT.—The’’; all that follows through ‘‘as possible.’’ and the Act of December 22, 1974 (25 U.S.C. 640d– (3) in subsection (c)— inserting ‘‘Tribe; and’’; 10(c)), is amended— (A) by striking ‘‘(c)(1)(A) Except’’ and in- (4) in the first paragraph designated as (1) by striking ‘‘(c) Lands’’ and inserting serting the following: paragraph (2)— the following: ‘‘(c) CONTINUATION OF POWERS.— (A) by striking ‘‘(2) on behalf’’ and insert- ‘‘(c) SELECTION OF LAND TO BE TRANS- ‘‘(1) POWERS AND DUTIES OF COMMISSIONER; ing the following: FERRED OR ACQUIRED.—Land’’; and EXISTING FUNDS.— ‘‘(B) on behalf’’; and (2) by striking the period at the end and in- ‘‘(A) POWERS AND DUTIES OF COMMIS- (B) by striking the second sentence; serting the following: ‘‘: Provided further, SIONER.—Except’’; (5) in the matter following paragraph (1)(B) That the authority of the Commissioner to (B) in paragraph (1)(B), by striking ‘‘(B) (as redesignated by paragraph (4))— select lands under this subsection shall ter- All’’ and inserting the following: (A) in the first sentence— minate on September 30, 2008.’’. ‘‘(B) EXISTING FUNDS.—All’’; and (i) by striking ‘‘Subject to’’ and all that (d) REPORTS.—Section 11(d) of the Act of (C) in paragraph (2), by striking ‘‘(2) There follows through ‘‘all rights’’ and inserting December 22, 1974 (25 U.S.C. 640d–10(d)), is are hereby’’ and inserting the following: the following: amended by striking ‘‘(d) The’’ and inserting ‘‘(2) TRANSFER OF POWERS.—There are’’; ‘‘(4) REQUIREMENTS OF TRANSFER.— the following: (4) in subsection (d)— ‘‘(A) IN GENERAL.—Subject to this para- ‘‘(d) REPORTS.—The’’. (A) by striking ‘‘(d)(1) Subject’’ and insert- graph, all rights’’; and (e) PAYMENTS.—Section 11(e) of the Act of ing the following: (ii) by striking ‘‘paragraph (1)’’ and insert- December 22, 1974 (25 U.S.C. 640d–10(e)), is ‘‘(d) POWERS OF COMMISSIONER.— ing ‘‘paragraph (1)(A)’’; amended by striking ‘‘(e) Payments’’ and in- ‘‘(1) IN GENERAL.—Subject’’; (B) in the second sentence, by striking ‘‘So serting the following: (B) by adjusting the margins of subpara- long as’’ and inserting the following: ‘‘(e) PAYMENTS.—Payments’’. graphs (A) and (B) of paragraph (1) appro- ‘‘(B) COAL LEASE APPLICATIONS.— (f) ACQUISITION OF TITLE TO SURFACE AND priately; ‘‘(i) IN GENERAL.—If’’; SUBSURFACE INTERESTS.—Section 11(f) of the (C) in paragraph (2), by striking ‘‘(2) The’’ (C) in the third sentence, by striking ‘‘If Act of December 22, 1974 (25 U.S.C. 640d–10(f)), and inserting the following: such adjudication’’ and inserting the fol- is amended— ‘‘(2) CONTRACTS.—The’’; and lowing: (1) by striking ‘‘(f)(1) For’’ and inserting (D) in paragraph (3), by striking ‘‘(3) ‘‘(ii) ISSUANCE OF LEASES.—If an adjudica- the following: There’’ and inserting the following: tion under clause (i)’’; ‘‘(f) ACQUISITION OF TITLE TO SURFACE AND ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— (D) in the fourth sentence, by striking SUBSURFACE INTERESTS.— There’’; ‘‘The leaseholders rights and interests’’ and ‘‘(1) IN GENERAL.—For’’; (5) in subsection (e)— inserting the following: (2) in paragraph (2), by striking ‘‘(2) If’’ and (A) by striking ‘‘(e)(1)’’ and inserting the ‘‘(iii) RIGHTS AND INTERESTS OF LEASE- inserting the following: following: HOLDERS.—The rights and interests of a hold- ‘‘(2) PUBLIC NOTICE; REPORT.—If’’; and ‘‘(e) ADMINISTRATION.— er of a lease described in clause (i)’’; and (3) in paragraph (3), by striking ‘‘(3) In any ‘‘(1) ADMINISTRATIVE, FISCAL, AND HOUSE- (E) in the fifth sentence, by striking ‘‘If case where’’ and inserting the following: KEEPING SERVICES.—’’; any’’ and inserting the following: ‘‘(3) RIGHTS OF SUBSURFACE OWNERS.—If’’. (B) in paragraph (1)— ‘‘(C) CLAIMS UNDER MINING LAW.—If any’’; (g) LAND NOT AVAILABLE FOR TRANSFER.— (i) in the first sentence, by striking ‘‘The’’ (6) by inserting after paragraph (1)(B) (as Section 11(g) of the Act of December 22, 1974 and inserting the following: redesignated by paragraph (4)) the following: (25 U.S.C. 640d–10(g)), is amended by striking ‘‘(A) IN GENERAL.—The’’; and ‘‘(2) EXCHANGE OF LAND.— ‘‘(g) No’’ and inserting the following: (ii) in the second sentence, by striking ‘‘In ‘‘(A) IN GENERAL.—In order to facilitate a ‘‘(g) LAND NOT AVAILABLE FOR TRANSFER.— any’’ and inserting the following: transfer of land under paragraph (1)(A), the No’’. ‘‘(B) ASSISTANCE FROM DEPARTMENTS AND Secretary may exchange land described in (h) ADMINISTRATION OF LAND TRANSFERRED AGENCIES.—In any’’; and paragraph (1)(A) for State or private land of OR ACQUIRED.—Section 11(h) of the Act of De- (C) in paragraph (2), by striking ‘‘(2) On’’ equal value. cember 22, 1974 (25 U.S.C. 640d–10(h)), is and inserting the following: ‘‘(B) UNEQUAL VALUE.—If the State or pri- amended— ‘‘(2) FAILURE TO PROVIDE ASSISTANCE.—On’’; vate land described in subparagraph (A) is of (1) by striking ‘‘(h) The lands’’ and insert- (6) by striking subsection (f) and inserting unequal value to the land described in para- ing the following: the following: graph (1)(A), the recipient of the land that is ‘‘(h) ADMINISTRATION OF LAND TRANS- ‘‘(f) TERMINATION.— of greater value shall pay to the other party FERRED OR ACQUIRED.— ‘‘(1) IN GENERAL.—The Office of Navajo and to the exchange under subparagraph (A) ‘‘(1) IN GENERAL.—The land’’; and Hopi Indian Relocation shall terminate on compensation in an amount not to exceed (2) by adding at the end the following: September 30, 2008. the lesser of— ‘‘(2) RELOCATION.— ‘‘(2) TRANSFER OF OFFICE DUTIES.—On the ‘‘(i) the difference between the values of ‘‘(A) IN GENERAL.—In order to facilitate re- date of termination of the Office, any duty of the land exchanged; or location of a member of a Tribe, the Com- the Office that has not been carried out, as ‘‘(ii) the amount that is 25 percent of the missioner may grant a homesite lease on determined in accordance with this Act, total value of the land transferred from the land acquired under this section to a member shall be transferred to the Secretary in ac- Secretary to the Navajo Tribe. of the extended family of a Navajo Indian cordance with title II of the Navajo-Hopi ‘‘(C) RESPONSIBILITY OF SECRETARY.—The who is certified as eligible to receive benefits Land Settlement Amendments of 2005.’’; and Secretary shall make reasonable efforts to under this Act. (7) by adding at the end the following: reduce any payment under subparagraph (B) ‘‘(B) EXCEPTION.—The Commissioner may ‘‘(g) EASE OF TRANSITION.—Beginning on to the lowest practicable amount. not use any funds available to the Commis- the date of enactment of the Navajo-Hopi ‘‘(3) TITLE TO LAND ACCEPTED.—The Sec- sioner to carry out this Act to provide hous- Land Settlement Amendments of 2005, the retary shall accept title to land under sub- ing to an extended family member described Secretary may— paragraphs (A) and (B) of paragraph (1) on in subparagraph (A).’’. ‘‘(1) consult with the Commissioner regard- behalf of the United States in trust for the (i) NEGOTIATIONS REGARDING LAND EX- ing the transfer of the responsibilities of the benefit of the Navajo Tribe as a part of the CHANGES AND LEASES.—Section 11(i) of the Office of Navajo and Hopi Indian Relocation Navajo reservation.’’; and Act of December 22, 1974 (25 U.S.C. 640d–10(i)), to the Department of the Interior; and (7) in the second paragraph designated as is amended— ‘‘(2) take any action the Secretary deter- paragraph (2)— (1) by striking ‘‘(i) The’’ and inserting the mines to be necessary to assume the respon- (A) in the first sentence— following: sibilities of the Office on September 30, (i) by striking ‘‘(2) Those’’ and inserting ‘‘(i) NEGOTIATIONS REGARDING LAND EX- 2008.’’. the following: CHANGES AND LEASES.—The’’; and SEC. 109. REPORT. ‘‘(5) STATE RIGHTS.— (2) by striking ‘‘section 23’’ and inserting Section 13 of the Act of December 22, 1974 ‘‘(A) IN GENERAL.—The’’; and ‘‘section 19’’. (25 U.S.C. 640d–12), is amended— (ii) by striking ‘‘subsection 2 of this sec- (1) by striking ‘‘SEC. 13. (a) By no’’ and in- tion’’ and inserting ‘‘paragraph (1)(B)’’; and SEC. 108. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION. serting the following: (B) in the second sentence, by striking Section 12 of the Act of December 22, 1974 ‘‘The’’ and inserting the following: ‘‘SEC. 9. REPORT. (25 U.S.C. 640d–11), is amended— ‘‘(B) STATE INTERESTS.—The’’. ‘‘(a) IN GENERAL.—Not’’; and (b) PROXIMITY OF LAND; EXCHANGES OF (1) by striking ‘‘SEC. 12. (a) There is here- (2) in subsection (b)— LAND.—Section 11(b) of the Act of December by’’ and inserting the following: (A) by striking ‘‘(b) The’’ and inserting the 22, 1974 (25 U.S.C. 640d–10(b)), is amended by ‘‘SEC. 8. OFFICE OF NAVAJO AND HOPI INDIAN following: striking ‘‘(b) A border’’ and inserting the fol- RELOCATION. ‘‘(b) INCLUSIONS.—The’’; and lowing: ‘‘(a) ESTABLISHMENT.—There is’’; (B) by striking ‘‘contain, among other ‘‘(b) PROXIMITY OF LAND TO BE TRANS- (2) in subsection (b), by striking ‘‘(b) The’’ matters, the following:’’ and inserting ‘‘in- FERRED OR ACQUIRED.—A border’’. and inserting the following: clude—’’.

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SEC. 110. RELOCATION OF HOUSEHOLDS AND (B) in the second sentence— ‘‘(C) DISTRIBUTION OF FUNDS ON DEATH OF MEMBERS. (i) by striking ‘‘No payment’’ and inserting HEAD OF HOUSEHOLD.—If the Secretary holds Section 14 of the Act of December 22, 1974 the following: funds under this paragraph for a head of (25 U.S.C. 640d–13), is amended— ‘‘(2) CERTAIN PAYMENTS.—No payment’’; household described in paragraph (1)(A) on (1) by striking ‘‘SEC. 14. (a)’’ and inserting and the death of the head of household, the Sec- the following: (ii) by inserting ‘‘(as in effect on the day retary shall— ‘‘SEC. 10. RELOCATION OF HOUSEHOLDS AND before the date of enactment of the Navajo- ‘‘(i) identify and notify any heir of the MEMBERS. Hopi Land Settlement Amendments of 2005)’’ head of household, in accordance with appli- ‘‘(a) AUTHORIZATION.—’’; after ‘‘section 8 or section 3 or 4’’; cable law; and (2) in subsection (a)— (5) in subsection (d)— ‘‘(ii) distribute the funds held by the Sec- (A) in the first sentence— (A) by striking ‘‘(d) The’’ and inserting the retary for the head of household to any (i) by striking ‘‘Consistent’’ and inserting following: heir— the following: ‘‘(d) METHODS OF PAYMENT.—The’’; ‘‘(I) immediately, if the heir is at least 18 ‘‘(1) IN GENERAL.—Consistent’’; (B) by striking ‘‘(1) Should’’ and inserting years old; or (ii) by striking ‘‘section 8’’ each place it the following: ‘‘(II) if the heir is younger than 18 years appears and inserting ‘‘section 4’’; ‘‘(1) HOME OWNERSHIP OPPORTUNITY old on the date on which the Secretary iden- (iii) by inserting ‘‘(as in effect on the day PROJECTS.—Should’’; tified the heir, on the date on which the heir before the date of enactment of the Navajo- (C) by striking ‘‘(2) Should’’ and inserting attains the age of 18. Hopi Land Settlement Amendments of 2005)’’ the following: ‘‘(D) CLAIMS OF COMPETING HEIRS.—Any after ‘‘section 3 or 4’’; and ‘‘(2) PURCHASED AND CONSTRUCTED DWELL- claim to a distribution under subparagraph (iv) by inserting ‘‘, or, after September 30, INGS.—Should’’; and (C) that is disputed by any competing heir of 2008, the Attorney General,’’ after ‘‘the Com- (D) by striking ‘‘(3) Should’’ and inserting a head of household shall be determined dur- missioner’’; the following: ing the probate process in accordance with (B) by striking the second sentence; ‘‘(3) FAILURE TO ARRANGE RELOCATION.— applicable law. (C) in the third sentence, by striking ‘‘No Should’’; ‘‘(4) DISPUTED ELIGIBILITY CLAIMS.— further’’ and inserting the following: (6) in subsection (e)— ‘‘(A) TRANSFER OF FUNDS.—Not later than ‘‘(2) SETTLEMENTS OF NAVAJO.—No fur- (A) by striking ‘‘(e) The’’ and inserting the September 30, 2008, the Commissioner shall ther’’; following: transfer to the Secretary an appropriate per- (D) in the fourth sentence, by striking ‘‘No ‘‘(e) DISPOSAL OF ACQUIRED DWELLINGS AND centage, as determined by the Commis- further’’ and inserting the following: IMPROVEMENTS.—The’’; sioner, of the funds not used by the Commis- ‘‘(3) SETTLEMENTS OF HOPI.—No further’’; (B) by striking ‘‘section 8’’ and inserting sioner to make payments under this Act to and ‘‘section 4’’; and eligible heads of households. (E) in the fifth sentence, by striking ‘‘No (C) by inserting ‘‘(as in effect on the day ‘‘(B) DISPOSITION OF TRANSFERRED FUNDS.— individual’’ and inserting the following: before the date of enactment of the Navajo- ‘‘(i) IN GENERAL.—The Secretary shall hold ‘‘(4) GRAZING.—No individual’’; Hopi Land Settlement Amendments of 2005)’’ any funds transferred under subparagraph (3) in subsection (b)— after ‘‘section 3 or 4’’; (A) for any individual the status of whom (A) by striking ‘‘(b) In addition’’ and in- (7) in subsection (f), by striking ‘‘(f) Not- under this Act is the subject of a dispute serting the following: withstanding’’ and inserting the following: with the Commissioner. ‘‘(b) ADDITIONAL PAYMENTS TO HEADS OF ‘‘(f) PREFERENTIAL TREATMENT.—Notwith- ‘‘(ii) DISTRIBUTIONS TO HEADS OF HOUSE- HOUSEHOLDS.—In addition’’; standing’’; and HOLDS.—If an individual described in clause (B) by striking ‘‘section 15’’ and inserting (8) by striking subsection (g) and inserting (i) is identified by the Commissioner as a ‘‘section 11’’; and the following: head of household described in paragraph (1), (C) by striking ‘‘section 13’’ and inserting ‘‘(g) BENEFITS.— the Secretary shall distribute funds trans- ‘‘section 9’’; ‘‘(1) IN GENERAL.—Not later than Sep- ferred under subparagraph (A) to the indi- (4) in subsection (c), by striking ‘‘(c) No’’ tember 30, 2008, the Commissioner shall no- vidual in accordance with paragraph (3). and inserting the following: tify the Secretary and each Tribe of the ‘‘(h) NOTIFICATION.— ‘‘(c) PAYMENTS FOR PERSONS MOVING AFTER identity of any head of household member of ‘‘(1) IN GENERAL.—To the extent not al- A CERTAIN DATE.—No’’; and the Tribe that, as of that date— ready provided, not later than 180 days after (5) by adding at the end the following: ‘‘(A) is certified as eligible to receive bene- the date of enactment of the Navajo-Hopi ‘‘(d) PROHIBITION.—No payment for benefits fits under this Act; Land Settlement Amendments of 2005, the under this Act may be made to any head of ‘‘(B) does not reside on land that has been Commissioner shall notify each eligible head a household if, as of September 30, 2008, that partitioned to the Tribe; and of household who has not entered into a head of household has not been certified as ‘‘(C) has not received a replacement home. lease with the Hopi Tribe to reside on land eligible to receive the payment.’’. ‘‘(2) TRANSFER OF FUNDS.—Not later than partitioned to the Hopi Tribe, in accordance SEC. 111. RELOCATION HOUSING. September 30, 2008, and except as provided in with section 700.138 of title 25, Code of Fed- Section 15 of the Act of December 22, 1974 paragraph (4), the Commissioner shall— eral Regulations (or a successor regulation). (25 U.S.C. 640d–14), is amended— ‘‘(A) transfer to the Secretary any funds ‘‘(2) LIST.—On the date on which a notice (1) by striking ‘‘SEC. 15. (a)’’ and inserting not used by the Commissioner to make pay- period referred to in section 700.139 of title the following: ments under this Act to eligible heads of 25, Code of Federal Regulations (or a suc- ‘‘SEC. 11. RELOCATION HOUSING. households; and cessor regulation), expires, the Commis- ‘‘(a) PURCHASE OF HABITATION AND IM- ‘‘(B) provide a notice to each Tribe regard- sioner shall submit to the Secretary and the PROVEMENTS.—’’; ing the amount of the funds transferred United States Attorney for the District of (2) in subsection (a)— under subparagraph (B). Arizona a list containing the name and ad- (A) in the first sentence, by striking ‘‘The ‘‘(3) DISPOSITION OF TRANSFERRED FUNDS.— dress of each eligible head of household Commission’’ and inserting the following: ‘‘(A) IN GENERAL.—The Secretary shall hold who— ‘‘(1) IN GENERAL.—The Commission’’; and any funds transferred under paragraph (2) for ‘‘(A) continues to reside on land that has (B) in the second sentence— the heads of households described in para- not been partitioned to the Tribe of the head (i) by striking ‘‘The purchase’’ and insert- graph (1)(A) until the date on which a re- of household; and ing the following: quest for the funds, or a portion of the funds, ‘‘(B) has not entered into a lease to reside ‘‘(2) PURCHASE PRICE.—The purchase’’; and is submitted to the Secretary by— on that land. (ii) by striking ‘‘as determined under ‘‘(i) an eligible head of household; or ‘‘(3) CONSTRUCTION OF REPLACEMENT clause (2) of subsection (b) of section 13’’; ‘‘(ii) the Tribe, acting with the consent of HOMES.—Before July 1, 2008, but not later (3) in subsection (b)— such a head of household. than 90 days after receiving a notice of the (A) by striking ‘‘(b) In addition’’ and in- ‘‘(B) PAYMENT AMOUNTS.—Of the funds held imminent removal of a relocatee from land serting the following: under subparagraph (A), the Secretary shall provided to the Navajo Tribe or the Hopi ‘‘(b) REIMBURSEMENT FOR MOVING EXPENSES make payments to the Tribe or heads of Tribe under this Act, the Commissioner AND PAYMENT FOR REPLACEMENT DWELLING.— households described in paragraph (1)(A) in shall— In addition’’; amounts that would have been made to the ‘‘(A) make an eligibility determination (B) by striking ‘‘shall:’’ and inserting heads of households under this Act before with respect to the relocatee in accordance ‘‘shall—’’; and September 30, 2008— with any appropriate policy or procedure; (C) in paragraph (1), by inserting ‘‘and’’ ‘‘(i) on receipt of a request of a head of and after the semicolon at the end; household, to be used for a replacement ‘‘(B) on a determination under subpara- (4) in subsection (c)— home; or graph (A) that the relocatee is eligible for re- (A) by striking ‘‘(c) In implementing’’ and ‘‘(ii) on the date of death of the head of location— inserting the following: household, if the head of household does not ‘‘(i) begin construction of a replacement ‘‘(c) STANDARDS; CERTAIN PAYMENTS.— make a request under clause (i), in accord- home on any land acquired under section 6; ‘‘(1) STANDARDS.—In carrying out’’; and ance with subparagraph (C). or

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‘‘(ii) establish a fund for the benefit of the ‘‘(D) BINDING DECISION.—A decision made (6) in subsection (e), by striking ‘‘(e) All’’ relocatee, to be administered in accordance by the Circuit Court under this subsection and inserting the following: with this section. shall be final and binding on all parties.’’. ‘‘(e) REMEDIES.—All’’. ‘‘(i) APPEALS.— SEC. 112. PAYMENT FOR USE OF LAND. SEC. 115. JOINT USE. ‘‘(1) IN GENERAL.—The Commissioner shall Section 16 of the Act of December 22, 1974 Section 19 of the Act of December 22, 1974 establish an expedited hearing procedure for (25 U.S.C. 640d–15), is amended— (25 U.S.C. 640d–18), is amended— any appeal relating to the denial of eligi- (1) by striking ‘‘SEC. 16. (a) The Navajo’’ (1) by striking ‘‘SEC. 19. (a) Notwith- bility for benefits under this Act (including and inserting the following: standing’’ and inserting the following: regulations promulgated pursuant to this ‘‘SEC. 12. PAYMENT FOR USE OF LAND. ‘‘SEC. 15. JOINT USE. Act) that is pending on, or filed after, the ‘‘(a) IN GENERAL.—The Navajo’’; ‘‘(a) REDUCTION OF LIVESTOCK.— date of enactment of Navajo-Hopi Land Set- (2) in subsection (a), by inserting ‘‘(as in ef- ‘‘(1) IN GENERAL.—Notwithstanding’’; tlement Amendments of 2005. fect on the day before the date of enactment (2) in subsection (a)(1) (as designated by ‘‘(2) FINAL DETERMINATIONS.—The hearing of the Navajo-Hopi Land Settlement Amend- paragraph (1))— procedure established under paragraph (1) (A) by inserting ‘‘(as in effect on the day shall— ments of 2005)’’ before ‘‘sections 8 and 3 or 4’’; before the date of enactment of the Navajo- ‘‘(A) provide for a hearing before an impar- and Hopi Land Settlement Amendments of 2005)’’ tial third party, as the Commissioner deter- (3) in subsection (b)— after ‘‘section 3 or 4’’; and mines necessary: and (A) by striking ‘‘(b) The’’ and inserting the (B) in the second sentence, by striking ‘‘(B) ensure that a final determination is following: ‘‘The Secretary is directed to’’ and inserting made by the Office of Navajo and Hopi Indian ‘‘(b) PAYMENT.—The’’; and the following: Relocation for each appeal described in para- (B) by inserting ‘‘(as in effect on the day ‘‘(2) CONSERVATION PRACTICES AND METH- graph (1) by not later than January 1, 2008. before the date of enactment of the Navajo- ODS ‘‘(j) PROCUREMENT OF SERVICES.— Hopi Land Settlement Amendments of 2005)’’ .—The Secretary shall’’; ‘‘(1) IN GENERAL.—Notwithstanding any after ‘‘sections 8 and 3 or 4’’. (3) in subsection (b)— other provision of this Act, to ensure the full SEC. 113. EFFECT OF ACT. (A) by striking ‘‘(b) The’’ and inserting the and fair evaluation of an appeal hearing be- Section 17 of the Act of December 22, 1974 following: fore an impartial third party referred to in (25 U.S.C. 640d–16), is amended— ‘‘(b) SURVEY LOCATION OF MONUMENTS AND subsection (i)(2)(A), the Commissioner may (1) by striking ‘‘SEC. 17. (a)’’ and inserting FENCING OF BOUNDARIES.—The’’; and enter into such contracts or agreements to the following: (B) by inserting ‘‘(as in effect on the day procure such services, and employ such per- ‘‘SEC. 13. EFFECT OF ACT. before the date of enactment of the Navajo- Hopi Land Settlement Amendments of 2005)’’ sonnel (including attorneys), as the Commis- ‘‘(a) TITLE, POSSESSION, AND ENJOYMENT.— sioner determines to be necessary. ’’; after ‘‘sections 8 and 3 or 4’’ each place it ap- ‘‘(2) DETAIL OF ADMINISTRATIVE LAW JUDGES (2) in subsection (a)— pears; and OR HEARING OFFICERS.—The Commissioner (A) in the first sentence, by striking (4) in subsection (c)— may request the Secretary to act through ‘‘Nothing’’ and inserting the following: (A) by striking ‘‘(c)(1) Surveying’’ and in- serting the following: the Director of the Office of Hearings and ‘‘(1) IN GENERAL.—Nothing’’; and ‘‘(c) SURVEYING, MONUMENTING, AND FENC- Appeals to make available to the Office of (B) in the second sentence, by striking ING; LIVESTOCK REDUCTION PROGRAM.— Navajo and Hopi Indian Relocation an ad- ‘‘Such’’ and inserting the following: ‘‘(1) SURVEYING, MONUMENTING, AND FENC- ministrative law judge or other hearing offi- ‘‘(2) RESIDENCE ON OTHER RESERVATIONS.— ING.—Surveying’’; cer with appropriate qualifications, as deter- Any’’; and (B) in paragraph (1)— mined by the Commissioner. (3) in subsection (b), by striking ‘‘(b) Noth- (i) by striking ‘‘of this Act’’ and inserting ‘‘(k) APPEAL TO UNITED STATES CIRCUIT ing’’ and inserting the following: ‘‘(as in effect on the day before the date of COURT OF APPEALS.— ‘‘(b) FEDERAL EMPLOYEES.—Nothing’’. ‘‘(1) IN GENERAL.—Subject to paragraph (3), enactment of the Navajo-Hopi Land Settle- SEC. 114. ACTIONS FOR ACCOUNTING, FAIR ment Amendments of 2005)’’; and any individual who, under the procedures es- VALUE OF GRAZING, AND CLAIMS tablished by the Commissioner pursuant to FOR DAMAGES TO LAND. (ii) by striking ‘‘section 8’’ and inserting this section, is determined not to be eligible Section 18 of the Act of December 22, 1974 ‘‘section 4’’; and to receive benefits under this Act may ap- (25 U.S.C. 640d–17), is amended— (C) in paragraph (2), by striking ‘‘(2) The’’ and inserting the following: peal that determination to the United States (1) by striking ‘‘SEC. 18. (a) Either’’ and in- Circuit Court of Appeals for the Ninth Cir- serting the following: ‘‘(2) LIVESTOCK REDUCTION PROGRAM.—The’’. SEC. 116. RELIGIOUS CEREMONIES; PIPING OF cuit (referred to in this subsection as the ‘‘SEC. 14. ACTIONS FOR ACCOUNTING, FAIR WATER. ‘Circuit Court’). VALUE OF GRAZING, AND CLAIMS ‘‘(2) REVIEW.— FOR DAMAGES TO LAND. Section 20 of the Act of December 22, 1974 ‘‘(A) IN GENERAL.—The Circuit Court shall, ‘‘(a) ACTIONS BY TRIBES.—Either’’; (25 U.S.C. 640d–19), is amended by striking with respect to each appeal described in (2) in subsection (a), by inserting ‘‘(as in ef- ‘‘SEC. 20. The members’’ and inserting the paragraph (1)— fect on the day before the date of enactment following: ‘‘(i) review the entire record (as certified of the Navajo-Hopi Land Settlement Amend- ‘‘SEC. 16. RELIGIOUS CEREMONIAL USES; PIPING to the Circuit Court under paragraph (3)) on ments of 2005)’’ after ‘‘section 3 or 4’’; OF WATER. which a determination of the ineligibility of (3) in subsection (b)— ‘‘The members’’. the appellant to receive benefits under this (A) by striking ‘‘(b) Neither’’ and inserting SEC. 117. ACCESS TO RELIGIOUS SHRINES. Act was based; and the following: Section 21 of the Act of December 22, 1974 ‘‘(ii) on the basis of that review, affirm or ‘‘(b) DEFENSES.—Neither’’; and (25 U.S.C. 640d–20), is amended by striking reverse that determination. (B) by inserting ‘‘(as in effect on the day ‘‘SEC. 21. Notwithstanding’’ and inserting the ‘‘(B) STANDARD OF REVIEW.—The Circuit before the date of enactment of the Navajo- following: Court shall affirm any determination that Hopi Land Settlement Amendments of 2005)’’ ‘‘SEC. 17. ACCESS TO RELIGIOUS SHRINES. the Circuit Court determines to be supported after ‘‘section 3 or 4’’; ‘‘Notwithstanding’’. by substantial evidence. (4) in subsection (c)— SEC. 118. EXCLUSION OF PAYMENTS FROM CER- ‘‘(3) NOTICE OF APPEAL.— (A) by striking ‘‘(c) Either’’ and inserting TAIN FEDERAL DETERMINATIONS ‘‘(A) IN GENERAL.—To the extent not al- the following: OF INCOME. ready provided by this Act or other applica- ‘‘(c) FURTHER ORIGINAL, ANCILLARY, OR Section 22 of the Act of December 22, 1974 ble Federal law, not later than 30 days after SUPPLEMENTARY ACTS TO ENSURE QUIET EN- (25 U.S.C. 640d–21), is amended— a determination of ineligibility under para- JOYMENT.— (1) by striking ‘‘SEC. 22. The availability’’ graph (1), an affected individual shall file a ‘‘(1) IN GENERAL.—Either’’; and and inserting the following: notice of appeal with— (B) in the second sentence, by striking ‘‘SEC. 18. EXCLUSION OF PAYMENTS FROM CER- ‘‘(i) the Circuit Court; and ‘‘Such actions’’ and inserting the following: TAIN FEDERAL DETERMINATIONS ‘‘(ii) the Commissioner. ‘‘(2) ACTION THROUGH CHAIRMAN.—An action OF INCOME. ‘‘(B) CERTIFICATION OF RECORD.—On receipt under paragraph (1)’’; ‘‘(a) IN GENERAL.—The availability’’; and of a notice under subparagraph (A)(ii), the (5) in subsection (d)— (2) by striking ‘‘None of the funds’’ and in- Commissioner shall submit to the Circuit (A) by striking ‘‘(d) Except’’ and inserting serting the following: Court the certified record on which the de- the following: ‘‘(b) FEDERAL AND STATE INCOME TAXES.— termination that is the subject of the appeal ‘‘(d) UNITED STATES AS PARTY; JUDGMENTS None of the funds’’. was made. AGAINST THE UNITED STATES.— SEC. 119. AUTHORIZATION OF EXCHANGE. ‘‘(C) REVIEW PERIOD.—Not later than 60 ‘‘(1) IN GENERAL.—Except’’; and Section 23 of the Act of December 22, 1974 days after receiving a certified record under (B) in the second sentence, by striking (25 U.S.C. 649d–22), is amended— subparagraph (B), the Circuit Court shall ‘‘Any judgment or judgments’’ and inserting (1) by striking ‘‘SEC. 23. The Navajo’’ and conduct a review and file a decision regard- the following: inserting the following: ing an appeal in accordance with paragraph ‘‘(2) EFFECT OF JUDGMENTS.—Any judg- ‘‘SEC. 19. AUTHORIZATION OF EXCHANGE. (2). ment’’; and ‘‘(a) IN GENERAL.—The Navajo’’; and

VerDate Aug 31 2005 03:52 May 03, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.066 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3914 CONGRESSIONAL RECORD — SENATE May 2, 2006 (2) in the second sentence— (B) by striking ‘‘section 8 or 18(a) of this the Secretary any function of the Office that (A) by striking ‘‘In the event that the Act’’ and inserting ‘‘section 4 or section has not been carried out by the Office in ac- Tribes should’’ and inserting the following: 14(a)’’. cordance with the Act of December 22, 1974 ‘‘(b) NEGOTIATED EXCHANGES.—If the SEC. 124. LOBBYING. (25 U.S.C. 640 et seq.) (as amended by title I). Tribes’’; and Section 31 of the Act of December 22, 1974 (b) MEMORANDUM OF AGREEMENT.—Not (B) by striking ‘‘sections 14 and 15’’ and in- (25 U.S.C. 640d–29), is amended— later than September 29, 2008, the Secretary, serting ‘‘sections 10 and 11’’. (1) by striking ‘‘SEC. 31. (a) Except’’ and in- in consultation with the Director of the Of- SEC. 120. SEVERABILITY. serting the following: fice of Management and Budget, may enter Section 24 of the Act of December 22, 1974 ‘‘SEC. 23. LOBBYING. into a memorandum of agreement with the Office, as the Secretary determines to be ap- (25 U.S.C. 640d–23), is amended by striking ‘‘(a) IN GENERAL.—Except’’; and ‘‘SEC. 24. If’’ and inserting the following: (2) in subsection (b), by striking ‘‘(b) Sub- propriate to facilitate the transfer under ‘‘SEC. 20. SEVERABILITY. section’’ and inserting the following: subsection (a). ‘‘If’’. ‘‘(b) APPLICABILITY.—Subsection’’. SEC. 203. PERSONNEL PROVISIONS. (a) APPOINTMENTS.—The Secretary may ap- SEC. 121. AUTHORIZATION OF APPROPRIATIONS. SEC. 125. NAVAJO REHABILITATION TRUST FUND. point and fix the compensation of such offi- Section 25 of the Act of December 22, 1974 The first section designated as section 32 of cers and employees as the Secretary deter- (25 U.S.C. 640d–24), is— the Act of December 22, 1974 (25 U.S.C. 640d– mines to be necessary to carry out any func- (1) moved so as to appear at the end of the 30), is amended— tion transferred under this title. Act; and (1) by striking ‘‘SEC. 32. (a) There’’ and in- (b) REQUIREMENTS.—Except as otherwise (2) amended to read as follows: serting the following: provided by law— ‘‘SEC. 26. AUTHORIZATION OF APPROPRIATIONS. ‘‘SEC. 24. NAVAJO REHABILITATION TRUST FUND. (1) any officer or employee described in ‘‘(a) RELOCATION OF HOUSEHOLDS AND MEM- ‘‘(a) ESTABLISHMENT.—There’’; subsection (a) shall be appointed in accord- BERS.—There is authorized to be appro- (2) in subsection (b), by striking ‘‘(b) All’’ ance with the civil service laws; and priated to carry out section 10(b) $13,000,000 and inserting the following: (2) the compensation of such an officer or for each of fiscal years 2006 through 2008. ‘‘(b) DEPOSIT OF INCOME INTO FUND.—All’’; employee shall be fixed in accordance with ‘‘(b) RELOCATION OF HOUSEHOLDS AND MEM- (3) in subsection (c), by striking ‘‘(c) The’’ title 5, United States Code. BERS.—There are authorized to be appro- and inserting the following: SEC. 204. DELEGATION AND ASSIGNMENT. priated to carry out section 11 such sums as ‘‘(c) INVESTMENT OF FUNDS.—The’’; (a) IN GENERAL.—Except where otherwise (4) in subsection (d)— are necessary for each of fiscal years 2006 expressly prohibited by law or otherwise pro- (A) by striking ‘‘(d) Funds’’ and inserting through 2008. vided by this title, the Secretary may dele- ‘‘(c) RETURN TO CARRYING CAPACITY AND IN- the following: gate any of the functions transferred to the STITUTION OF CONSERVATION PRACTICES.— ‘‘(d) AVAILABILITY OF FUNDS.—Funds’’; Secretary by this title and any function There is authorized to be appropriated to (B) in paragraph (1), by striking ‘‘pro- transferred or granted to the Secretary after carry out section 15(a) $10,000,000 for each of ceedings,’’ and inserting ‘‘proceedings;’’; and the effective date of this title to such offi- fiscal years 2006 through 2008. (C) in paragraph (2), by striking ‘‘Act, or’’ cers and employees of the Department of the ‘‘(d) SURVEY LOCATION OF MONUMENTS AND and inserting ‘‘Act; or’’; Interior as the Secretary may designate, and FENCING OF BOUNDARIES.—There is author- (5) in subsection (e)— may authorize successive redelegations of ized to be appropriated to carry out section (A) by striking ‘‘(e) By December 1’’ and such functions as may be necessary or appro- 15(b) $500,000 for each of fiscal years 2006 inserting the following: priate. through 2008.’’. ‘‘(e) EXPENDITURE OF FUNDS.— (b) DELEGATION.—No delegation of func- ‘‘(1) IN GENERAL.—Not later than December SEC. 122. DISCRETIONARY FUND. tions by the Secretary under this section or 1’’; and Section 27 of the Act of December 22, 1974 under any other provision of this title shall (B) in the second sentence, by striking (25 U.S.C. 640d–25), is amended by striking relieve the Secretary of responsibility for ‘‘Such framework is to be’’ and inserting the ‘‘SEC. 27.’’ and all that follows through ‘‘(c) the administration of the functions. following: The Secretary’’ and inserting the following: SEC. 205. REORGANIZATION. EQUIREMENT ‘‘SEC. 21. DISCRETIONARY FUND. ‘‘(2) R .—The framework under paragraph (1) shall be’’; The Secretary is authorized to allocate or ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— (6) in subsection (f)— reallocate any function transferred under There are authorized to be appropriated to a (A) by striking ‘‘(f) The’’ and inserting the section 202 among the officers of the Depart- discretionary fund of the Commissioner to following: ment of the Interior, and to establish, con- carry out this Act— solidate, alter, or discontinue such organiza- ‘‘(f) TERMINATION.— ‘‘(1) $6,000,000 for the period of fiscal years tional entities in the Department of the In- ‘‘(1) IN GENERAL.—The’’; and 2006 through 2008; and (B) in the second sentence, by striking ‘‘All terior as the Secretary determines to be nec- ‘‘(2) such sums as are necessary for each funds’’ and inserting the following: essary or appropriate. subsequent fiscal year. ‘‘(2) TRANSFER OF REMAINING FUNDS.—All SEC. 206. RULES. ‘‘(b) HOPI HIGH SCHOOL AND MEDICAL CEN- funds’’; and The Secretary is authorized to prescribe, TER.—The Secretary’’. (7) by striking subsection (g). in accordance with the provisions of chapters SEC. 123. ATTORNEY FEES AND COURT COSTS. 5 and 6 of title 5, United States Code, such SEC. 126. AVAILABILITY OF FUNDS FOR RELOCA- Section 29 of the Act of December 22, 1974 TION ASSISTANCE. rules and regulations as the Secretary deter- (25 U.S.C. 640d–27), is amended— The second section designated as section 32 mines to be necessary or appropriate to ad- (1) by striking ‘‘SEC. 29. (a)’’ and inserting of the Act of December 22, 1974 (25 U.S.C. 640– minister and manage the functions of the the following: 31), is amended by striking ‘‘SEC. 32. Noth- Department of the Interior. ‘‘SEC. 22. ATTORNEY FEES AND COURT COSTS. ing’’ and inserting the following: SEC. 207. TRANSFER AND ALLOCATIONS OF AP- PROPRIATIONS AND PERSONNEL. ‘‘(a) IN GENERAL.—’’; ‘‘SEC. 25. AVAILABILITY OF FUNDS FOR RELOCA- (2) in subsection (a)— TION ASSISTANCE.’’. (a) IN GENERAL.—Except as otherwise pro- (A) by striking ‘‘In any’’ and inserting the ‘‘Nothing’’. vided in this title, the personnel employed in following: connection with, and the assets, liabilities, TITLE II—TRANSFER OF FUNCTIONS AND ‘‘(1) IN GENERAL.—In any’’; and contracts, property, records, and unexpended SAVINGS PROVISIONS (B) by striking ‘‘For each’’ and inserting balances of appropriations, authorizations, the following: SEC. 201. DEFINITIONS. allocations, and other funds employed, used, ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— In this title: held, arising from, available to, or to be For each’’; (1) FEDERAL AGENCY.—The term ‘‘Federal made available in connection with the func- (3) in subsection (b)— agency’’ has the meaning given the term tions transferred by this title, subject to sec- (A) by striking ‘‘(b) Upon’’ and inserting ‘‘agency’’ in section 551(1) of title 5, United tion 1531 of title 31, United States Code, shall the following: States Code. be transferred to the Department of the Inte- ‘‘(b) AWARD BY COURT.— (2) FUNCTION.—The term ‘‘function’’ means rior in accordance with section 3503 of title 5, ‘‘(1) IN GENERAL.—On’’; and any duty, obligation, power, authority, re- United States Code. (B) in the second sentence, by striking sponsibility, right, privilege, activity, or (b) UNEXPENDED FUNDS.—Unexpended funds ‘‘Any party’’ and inserting the following: program carried out under Federal law in ac- transferred pursuant to this section shall be ‘‘(2) REIMBURSEMENT OF UNITED STATES.— cordance with the purposes of the Office. used only for the purposes for which the Any party’’; (3) OFFICE.—The term ‘‘Office’’ means the funds were originally authorized and appro- (4) in subsection (c), by striking ‘‘(c) To’’ Office of Navajo and Hopi Relocation (includ- priated. and inserting the following: ing any component of that office). SEC. 208. INCIDENTAL TRANSFERS. ‘‘(c) EXCESS DIFFERENCE.—To’’; and (4) SECRETARY.—The term ‘‘Secretary’’ The Secretary is authorized to make such (5) in subsection (d)— means the Secretary of the Interior. determinations as may be necessary to ac- (A) by striking ‘‘(d) This’’ and inserting SEC. 202. TRANSFER OF FUNCTIONS. cept the functions transferred by this title, the following: (a) IN GENERAL.—Effective beginning on and to make such additional incidental dis- ‘‘(d) APPLICATION OF SECTION.—This’’; and September 30, 2008, there is transferred to positions of personnel, assets, liabilities,

VerDate Aug 31 2005 03:52 May 03, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.066 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3915 grants, contracts, property, records, and un- SEC. 213. REFERENCES. mittee on Agriculture, Nutrition and expended balances of appropriations, author- Any reference in a Federal law, Executive Forestry be authorized to conduct a izations, allocations, and other funds held, order, rule, regulation, delegation of author- full committee hearing during the ses- ity, or document relating to— used, arising from, available to, or to be sion of the Senate on Tuesday, May 2, made available in connection with such func- (1) the Commissioner of the Office, with re- tions, as may be necessary to carry out the spect to functions transferred under this 2006, at 9:30 a.m. in SH–216, Hart Senate provisions of this title. title, shall be deemed to be a reference to the Office Building. The purpose of this SEC. 209. EFFECT ON PERSONNEL. Secretary; and hearing will be to review the imple- (a) IN GENERAL.—Except as otherwise pro- (2) the Office, with respect to functions mentation of the Peanut Provisions of vided by this title, the transfer pursuant to transferred under this title, shall be deemed the Farm Security and Rural Invest- this title of full-time personnel (except spe- to be a reference to the Department of the ment Act of 2002. cial Government employees) and part-time Interior. The PRESIDING OFFICER. Without personnel holding permanent positions shall SEC. 214. ADDITIONAL CONFORMING AMEND- objection, it is so ordered. not cause any such employee to be separated MENT. COMMITTEE ON HOMELAND SECURITY AND or reduced in grade or compensation for 1 Section 5315 of title 5, United States Code, GOVERNMENTAL AFFAIRS year after the date of transfer of the em- is amended by striking the item relating to ployee under this title. the Commissioner of the Office. Mr. COCHRAN. Mr. President, I ask (b) EXECUTIVE SCHEDULE POSITIONS.—Ex- SEC. 215. EFFECT OF TITLE. unanimous consent that the Com- cept as otherwise provided in this title, any (a) CONTINUING EFFECT OF LEGAL DOCU- mittee on Homeland Security and Gov- person who, on the day preceding the effec- MENTS.—Any legal document relating to a ernmental Affairs be authorized to tive date of this title, held a position com- function transferred by this title that is in meet on Tuesday, May 2, 2006, at 10 pensated in accordance with the Executive effect on the effective date of this title shall a.m. for a business meeting to consider continue in effect in accordance with the Schedule prescribed in chapter 53 of title 5, pending committee business. United States Code, and who, without a terms of the document until the document is break in service, is appointed in the Depart- modified or terminated by— Agenda (1) the President; ment of the Interior to a position having du- Committee Reports: Report of the ties comparable to the duties performed im- (2) the Secretary; mediately preceding such appointment shall (3) a court of competent jurisdiction; or Committee on Homeland Security and continue to be compensated in such new po- (4) operation of Federal or State law. Governmental Affairs titled, ‘‘Hurri- sition at not less than the rate provided for (b) PROCEEDINGS NOT AFFECTED.—This title cane Katrina: A Nation Still Unpre- such previous position, for the duration of shall not affect any proceeding (including a pared.’’ the service of such person in such new posi- notice of proposed rulemaking, an adminis- Legislation: S. 2459, GreenLane Mari- tion. trative proceeding, and an application for a time Cargo Security Act; H.R. 2066, (c) TERMINATION OF CERTAIN POSITIONS.— license, permit, certificate, or financial as- General Services Administration Mod- Positions whose incumbents are appointed sistance) relating to a function transferred by the President, by and with the advice and under this title that is pending before the Of- ernization Act. consent of the Senate, the functions of which fice of Navajo and Hopi Relocation on the ef- Nominations: Uttam Dhillon to be are transferred by this title, shall terminate fective date of this title. Director of the Office of Counter- on the effective date of this title. SEC. 216. EFFECTIVE DATE. narcotics Enforcement, U.S. Depart- SEC. 210. SEPARABILITY. This title takes effect beginning Sep- ment of Homeland Security; Mark If a provision of this title or the applica- tember 30, 2008. Acton to be Commissioner, Postal Rate tion of this title to any person or cir- TITLE III—PERSONNEL OF THE OFFICE Commission. cumstance is held invalid, neither the re- OF NAVAJO AND HOPI RELOCATION The PRESIDING OFFICER. Without mainder of this title nor the application of SEC. 301. SEPARATION PAY. objection, it is so ordered. the provision to other persons or cir- The Office of Navajo and Hopi Relocation COMMITTEE ON THE JUDICIARY cumstances shall be affected. (referred to in this title as the ‘‘Office’’) may Mr. COCHRAN. Mr. President, I ask SEC. 211. TRANSITION. request funding for, and offer to any em- The Secretary is authorized to use— ployee of the Office, voluntary separation in- unanimous consent that the Com- (1) the services of such officers, employees, centive payments in accordance with sub- mittee on the Judiciary be authorized and other personnel of the Office with re- chapter II of chapter 35 of title 5, United to meet to conduct a hearing on ‘‘FBI spect to functions transferred to the Depart- States Code. Oversight’’ on Tuesday, May 2, 2006, at ment of the Interior by this title; and SEC. 302. FEDERAL RETIREMENT. 9:30 a.m. in Room 226 of the Dirksen (2) funds appropriated to such functions for The Office may request funding for, and Senate Office Building. such period of time as may reasonably be offer to any employee of the Office, vol- needed to facilitate the orderly implementa- untary early retirement in accordance with Witness List: tion of this title. sections 8336(d)(2) and 8414(b)(1) of title 5, Panel I: The Honorable Robert S. SEC. 212. REPORTS. United States Code. Mueller, III, Director, Federal Bureau (a) FISCAL YEARS 2007 AND 2008.—For each of fiscal years 2007 and 2008, the Commis- SA 3859. Mr. ENSIGN (for Mr. of Investigation, U.S. Department of sioner of the Office, in consultation with the MCCAIN) proposed an amendment to Justice, Washington, DC. Navajo and Hopi Indian tribes, shall submit amendment SA 3858 proposed by Mr. Panel II: The Honorable Glenn A. to Congress a report describing— Fine, Inspector General, U.S. Depart- ENSIGN (for Mr. MCCAIN) to the bill S. (1) the status of the Office; ment of Justice, Washington, DC; (2) any progress made during the preceding 1003, to amend the Act of December 22, 1974, and for other purposes; as follows: Linda M. Calbom, Director, Financial year in transferring functions, appropria- Management and Assurance, Govern- Strike section 121 of the amendment and tions, and personnel under this title; ment Accountability Office, Wash- (3) any progress made toward, or obstacle insert the following: relating to, completing the relocation proc- SEC. 121. AUTHORIZATION OF APPROPRIATIONS. ington, DC; John Gannon, Ph.D, Vice ess under the Act of December 22, 1974 (25 Section 25 of the Act of December 22, 1974 President for Global Analysis, BAE U.S.C. 640d et seq.) (as amended by title I); (25 U.S.C. 640d–24), is— Systems Information Technology, (4) the status of the grazing management (1) moved so as to appear at the end of the former Staff Director of the House program on the area commonly known as the Act; and Homeland Security Committee, ‘‘New Lands’’ of the Navajo Tribe; and (2) amended to read as follows: McLean, VA. (5) the needs of the Navajo and Hopi Indian ‘‘SEC. 26. AUTHORIZATION OF APPROPRIATIONS. The PRESIDING OFFICER. Without tribes to address the affect of relocation ac- ‘‘There are authorized to be appropriated objection, it is so ordered. tivity, if any, including a financial estimate to carry out section 11 such sums as are nec- COMMITTEE ON THE JUDICIARY relating to the needs. essary for each of fiscal years 2006 through (b) SUBSEQUENT FISCAL YEARS.—Not later 2008.’’. Mr. COCHRAN. Mr. President, I ask than 1 year after the effective date of this f unanimous consent that the Com- title, and annually thereafter, the Secretary, mittee on the Judiciary be authorized in consultation with the Navajo and Hopi In- AUTHORITY FOR COMMITTEES TO to meet to conduct a hearing on ‘‘Judi- dian tribes, shall submit to Congress a report MEET cial Nominations’’ on Tuesday, May 2, described in subsection (a). (c) AUTHORIZATION OF APPROPRIATIONS.— COMMITTEE ON AGRICULTURE, NUTRITION, AND 2006, at 4 p.m. in Room 226 of the Dirk- There are authorized to be appropriated such FORESTRY sen Senate Office Building. sums as are necessary to carry out this sec- Mr. COCHRAN. Mr. President, I ask The PRESIDING OFFICER. Without tion for each of fiscal years 2007 through 2009. unanimous consent that the Com- objection, it is so ordered.

VerDate Aug 31 2005 04:46 May 03, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.066 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3916 CONGRESSIONAL RECORD — SENATE May 2, 2006 COMMITTEE ON THE JUDICIARY extraordinary deeds for their community and Security and Governmental Affairs Mr. COCHRAN. Mr. President, I ask country. Committee. There being no objection, the Senate unanimous consent that the Com- Despite the need to support public proceeded to consider the resolution. mittee on the Judiciary be authorized workers, far too often we take for Mr. LOTT. Mr. President, this week to meet to conduct a hearing on ‘‘Judi- granted these men and women whose ciary Nominations’’ on Tuesday, May has been designated as Public Service Recognition Week and in keeping with sense of duty and devotion to country 2, 2006, at 4 p.m. in Room 226 of the guides the work they do daily for their Dirksen Senate Office Building. the spirit of this important week I would like to take this opportunity to fellow Americans. Although our lives The PRESIDING OFFICER. Without are enriched by the work of Federal objection, it is so ordered. recognize the important contribution that the Jefferson Awards for Public employees, most people are unfamiliar SUBCOMMITTEE ON EMERGING THREATS AND with the Federal Executive Boards, CAPABILITIES Service have made over nearly three and a half decades. FEB, which were created by President Mr. COCHRAN. Mr. President, I ask John F. Kennedy in 1961 to better co- unanimous consent that the Sub- I am pleased to be joined by Senators DURBIN, LUGAR, and BIDEN is submit- ordinate the activities of the Federal committee on Emerging Threats and Government outside of Washington, Capabilities be authorized to meet dur- ting this resolution commending the American Institute for Public Service DC. Decisions affecting the expenditure ing the session of the Senate on Tues- of billions of taxpayer dollars are made day, May 2, 2006 at 5:30 p.m. in closed and the importance of the Jefferson Awards for Public Service. The Jeffer- in the field which affect all Americans. session to mark up the emerging Having FEBs—whose members are sen- threats and capabilities programs and son Awards were established on a bi- ior agency personnel—saves time, provisions contained in the national partisan basis in 1972 by Jacqueline money, and effort while ensuring that defense authorization act for fiscal Kennedy Onassis, Senator Robert Taft, these senior employees are more in year 2007. Jr., and Sam Beard. The awards honor touch with State and local govern- The PRESIDING OFFICER. Without individuals for their achievements and ments, as well as their communities. objection, it is so ordered. contributions through public and com- munity service. SUBCOMMITTEE ON MANAGEMENT SUPPORT I am especially proud of the Hono- Winners of the award for elected and lulu-Pacific Federal Executive Board, Mr. COCHRAN. Mr. President, I ask appointed officials have included unanimous consent that the Sub- HPFEB, which today celebrates its former Senators Robert Dole, Daniel 50th Excellence in Federal Government committee on Readiness and Manage- Patrick Moynihan, and John Glenn. ment Support be authorized to meet Awards with a ceremony at the Sher- Other winners include Rudoph aton Waikiki Hotel. I am also pleased during the session of the Senate on Giuliani, Dr. Condoleezza Rice, Justice Tuesday, May 2, 2006 at 3:30 p.m. in to note that before an FEB was even Sandra Day O’Connor, and Robert established in Hawaii, forward thinkers closed session to mark up the readiness Rubin. In addition, private citizens and management support programs and had already begun to honor the best in who have won the award include Wal- Federal service through these awards. provisions contained in the national ter Annenberg, Brian Lamb, and Oprah defense authorization act for fiscal Today’s program not only honors the Winfrey. 153 employees receiving awards but year 2007. The Jefferson Awards have honored provides all agencies and military com- The PRESIDING OFFICER. Without award recipients at the national level mands in Hawaii and the Pacific an op- objection, it is so ordered. by placing them on a ‘‘Who’s Who’’ list portunity to showcase their organiza- SUBCOMMITTEE ON PERSONNEL of outstanding citizens of the United tions through exhibits outside the ho- Mr. COCHRAN. Mr. President, I ask States and at the same time have hon- tel’s ballroom. Honoring today’s unanimous consent that the Sub- ored at the local level recipients as awardees are Federal agency heads, committee on personnel be authorized ‘‘Unsung Heroes’’ who accomplished ex- to meet during the session of the Sen- traordinary deeds for the betterment of military commanders, State and local ate on Tuesday, May 2, 2006 at 2:30 p.m. the United States. government officials, and members of in closed session to mark up the per- The Senate fully supports the goals the business community. sonnel programs and provisions con- and ideals of the Jefferson awards and According to the HPFEB, the Excel- tained in the national defense author- during this week of Public Service Rec- lence in Federal Government Awards ization act for fiscal year 2007. ognition, I stand on the floor of the Program recognizes outstanding Fed- The PRESIDING OFFICER. Without Senate and commend the people of this eral employees for their efforts, leader- objection, it is so ordered. organization. ship, and initiative. The program en- SUBCOMMITTEE ON SCIENCE AND SPACE PUBLIC SERVICE RECOGNITION WEEK courages innovation and excellence in Mr. COCHRAN. Mr. President, I ask Mr. AKAKA. Mr. President, this government, reinforces pride in Fed- unanimous consent that the Sub- week, we celebrate Public Service Rec- eral service, and helps call public at- committee on Science and Space be au- ognition Week, a time when all Ameri- tention to the broad range of services thorized to meet on Tuesday, May 2, cans are asked to remember the Na- provided by Federal employees. 2006, at 2:30 p.m., on NSF. tion’s public workers who serve their The HPFEB has over 90 members, The PRESIDING OFFICER. Without country and the world by delivering senior heads of Federal agencies and objection, it is so ordered. services essential to our daily lives. military commands, who represent the As the ranking member of the Fed- over 70,000 civilian and military per- f eral Workforce Subcommittee, I wish sonnel in the Pacific region, including to spotlight the dedication, commit- COMMENDING THE SUPPORTERS the Department of Defense, the Gov- ment, and loyalty demonstrated every OF THE JEFFERSON AWARDS ernment’s largest civilian employer in day by public servants. That is why I Mr. ENSIGN. Mr. President, I ask Hawaii. Like its 27 counterparts na- introduce annually—and the Senate unanimous consent that the Senate tionwide, the HPFEB communicates passes—a resolution honoring employ- now proceed to consideration of S. Res. with and partners with the community, ees at all levels of Government. In the 461, which was submitted earlier today. aftermath of 9/11 and the anthrax at- works to reduce costs and improve effi- The PRESIDING OFFICER. The tacks a month later, we gained a better ciencies, facilitates service delivery clerk will report the resolution by appreciation of the critical work un- and coordinates emergency services. title. dertaken by public employees, such as The Honolulu-Pacific Federal Execu- The legislative clerk read as follows: firefighters, paramedics, nurses, and tive Board embraces its interagency A resolution (S. Res. 461) supporting and U.S. postal workers. I thank my col- coordinating role and is proud of its commending the supporters of the Jefferson Awards for Public Service for encouraging leagues for their quick action last five primary accomplishments: cre- all citizens of the United States to embark week in passing my resolution, S. Res. ating and operating the Pacific Leader- on a life of public service and recognizing 412, which I introduced with the sup- ship Academy to ensure that agencies those citizens who have already performed port of the leadership of the Homeland within Hawaii and the Pacific area are

VerDate Aug 31 2005 04:54 May 03, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.074 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3917 training today and tomorrow’s cadre of S. RES. 461 There being no objection, the Senate Federal leaders; celebrating the work Whereas one of the defining traditions of proceeded to consideration of the con- of Federal employees through its Ex- the democracy of the United States is that current resolution. cellence in Government Awards, which each person can make a difference; Mr. ENSIGN. I ask unanimous con- last year honored 126 employees; sup- Whereas the value of public and commu- sent that the concurrent resolution be porting the Combined Federal Cam- nity service was a founding principle of the agreed to, the preamble be agreed to, Government of the United States; paign by raising over $6.1 million in Whereas, for generation after generation, the motions to reconsider be laid on 2005; working with Federal, State, and the citizens of the United States have de- the table, that any statements be local governments to improve emer- sired to pass to the youth of the Nation the printed in the RECORD. gency planning by participating in dis- tradition of neighbors helping neighbors The PRESIDING OFFICER. Without aster exercises, partnering with the through— objection, it is so ordered. State of Hawaii to purchase the $70,000 (1) local community service; The concurrent resolution (S. Con. system ‘‘Notifyer,’’ and developing a si- (2) volunteerism; and Res. 91) was agreed to. multaneous broadcast telephone mes- (3) public service; The preamble was agreed to. sage system that updates emergency Whereas, to build stronger communities, The concurrent resolution, with its the youth of the United States should be in- information; and establishing councils spired to seek career opportunities in— preamble, reads as follows: and working groups. (1) the public sector; S. CON. RES. 91 Hawaii’s FEB is sponsored by the (2) the nonprofit sector; Whereas Satchel Paige, who was born on Pearl Harbor Naval Shipyard and In- (3) the faith-based community; and July 7, 1906, in Mobile, Alabama, lived a life termediate Maintenance Facility, De- (4) Federal, State, and local governments; that was marked by his outstanding con- partment of the Navy, and is headed by Whereas the Jefferson Awards for Public tributions to the game of baseball; Ms. Gloria Uyehara, the Executive Di- Service are a prestigious national recogni- Whereas Satchel Paige was a dominating rector, who has over 30 years of career tion system that was created on a non- pitcher whose baseball career spanned sev- service, most recently as head of the partisan basis in 1972 by— eral decades, from 1927 to 1965; (1) Jacqueline Kennedy Onassis; Whereas Satchel Paige played in the Negro Education and Development Office, (2) Senator Robert Taft, Jr.; and promoting leadership development and Leagues and became famous for his unusual (3) Sam Beard; pitching style and his ability to strike out succession planning at the Pearl Har- Whereas the creators of the Jefferson almost any player he faced; bor Naval Shipyard. She is supported Awards for Public Service sought to create Whereas Satchel Paige pitched 62 consecu- by Ms. Gerry A. Reese, who has been an award similar to the Nobel Prize to en- tive scoreless innings in 1933; with the HPFEB for more than 30 years courage and honor individuals for their Whereas, due to the practice of segregation as the Executive Assistant. achievements and contributions in public in baseball, Satchel Paige was prohibited for Ms. Uyehara points out that today’s and community service; many years from playing baseball at the Excellence in Federal Government Whereas, for over 30 years, the supporters major league level; Awards provides a model of excellence of the Jefferson Awards for Public Service Whereas Satchel Paige played for many have pioneered the promotion of civic en- for all Federal employees and promotes Negro League teams, including— gagement by using profiles of individual ex- (1) the Chattanooga Black Lookouts; ideas and concepts to encourage the cellence, the media, and modern technology (2) the Birmingham Black Barons; use of best practices. Those Federal to attract and recruit all citizens of the (3) the Nashville Elite Giants; and military personnel working with United States to participate in the demo- (4) the Mobile Tigers; the HPFEB understand the need to cratic processes of the Nation; and (5) the Pittsburgh Crawfords; and reach out to their community and fos- Whereas the Jefferson Awards for Public (6) the Kansas City Monarchs; ter cooperation among all levels of Service have honored award recipients at— Whereas, while pitching for the Kansas Government. These men and women ex- (1) the national level, by placing the recipi- City Monarchs, Satchel Paige won 4 consecu- ents on a ‘‘Who’s Who’’ list of outstanding tive league pennants from 1939 to 1942, and emplify the spirit of public service. To- citizens of the United States; and gether they typify today’s Federal and later won a 5th pennant in 1946 with that (2) the local level, by naming the recipi- team; military personnel who work tirelessly ents ‘‘Unsung Heroes’’ who accomplish ex- Whereas, after the desegregation of base- to make democracy work. traordinary deeds for the betterment of the ball, Satchel Paige signed a contract to pitch At a time when the Federal Govern- United States while going largely unnoticed: for the Cleveland Indians at age 42, and soon ment faces strong competition with the Now, therefore, be it thereafter became the oldest rookie ever to public and private sector for skilled Resolved, That the Senate— play baseball at the major league level; employees and the administration is (1) fully supports the goals and ideals that Whereas the extraordinary pitching of pushing for greater outsourcing, it is the creators instilled into the civic engage- Satchel Paige helped the Cleveland Indians imperative that we continue to support ment initiatives of the Jefferson Awards for complete a championship season in 1948, as Public Service; and the team won the American League Cham- the Government’s network of Federal (2) salutes and acknowledges the American executive boards, associations, and pionship and the World Series; Institute for Public Service and the role Whereas Satchel Paige threw an estimated councils. It would be unwise to dimin- played by the Jefferson Awards for Public 300 career shutouts; ish the critical role that these entities Service in promoting public service in the Whereas, in 1971, Satchel Paige became the play in identifying and instituting effi- United States. first Negro League player to be inducted into ciencies and improving Government f the Major League Baseball Hall of Fame; services within the communities they Whereas the legendary pitching of Satchel POSTHUMOUSLY AWARDING THE serve and to the Nation as a whole. Paige earned him numerous awards and ac- Again, I send my warmest congratu- PRESIDENTIAL MEDAL OF FREE- colades, including— lations and aloha to the members of DOM TO LEROY ROBERT ‘‘SATCH- (1) a nomination to the All Century Team the Honolulu-Pacific Federal Executive EL’’ PAIGE by Major League Baseball as 1 of the great- Mr. ENSIGN. Mr. President, I ask est players of the 20th century; and Board which provides the leadership, (2) a selection to the 50 Legends of Baseball the enthusiasm, and the expertise to unanimous consent the Judiciary Com- by the Postal Service; ensure that Government is more re- mittee be discharged from further con- Whereas, despite years of discrimination sponsive, innovative, and effective. sideration of S. Con. Res. 91 and that that limited the play of Satchel Paige to the Mr. ENSIGN. I ask unanimous con- the Senate then proceed to its consid- Negro Leagues, his prowess on the pitching sent that the resolution be agreed to, eration. mound earned him the respect and admira- the preamble be agreed to, and the mo- The PRESIDING OFFICER. Without tion of fans and players throughout the tion to reconsider be laid upon the objection, it is so ordered. world of baseball; table. The clerk will report the concurrent Whereas Satchel Paige passed away on The PRESIDING OFFICER. Without June 8, 1982; and resolution by title. Whereas the Presidential Medal of Free- objection, it is so ordered. The legislative clerk read as follows: dom, the highest civilian honor in the United The resolution (S. Res. 461) was A concurrent resolution (S. Con. Res. 91) States, was established in 1945 to recognize agreed to. expressing the sense of Congress that the citizens of the United States who have made The preamble was agreed to. President should posthumously award the exceptional contributions to— The resolution, with its preamble, Presidential Medal of Freedom to Leroy (1) the security or national interests of the reads as follows: Robert ‘‘Satchel’’ Paige. United States;

VerDate Aug 31 2005 03:52 May 03, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G02MY6.021 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3918 CONGRESSIONAL RECORD — SENATE May 2, 2006 (2) world peace; comprehensive interagency program that (G) the appointment of a lung cancer direc- (3) the culture of the United States or the will reduce lung cancer mortality by at least tor within the Centers for Disease Control world; or 50 percent by 2015. and Prevention with authority to improve (4) the citizens of the United States or the Whereas lung cancer is the leading cause of lung cancer surveillance and screening pro- world: Now, therefore, be it cancer death for both men and women, ac- grams; and Resolved by the Senate (the House of Rep- counting for 28 percent of all cancer deaths; (H) lung cancer screening demonstration resentatives concurring), That it is the sense Whereas lung cancer kills more people an- programs under the direction of the Centers of Congress that the President should award nually than breast cancer, prostate cancer, for Medicare and Medicaid Services; the Presidential Medal of Freedom post- colon cancer, liver cancer, melanoma, and (3) direct the Secretary of Defense, in con- humously to Leroy ‘‘Satchel’’ Paige in honor kidney cancer combined; junction with the Secretary of Veterans Af- of his distinguished baseball career and the Whereas, since the National Cancer Act of fairs, to develop a broad-based lung cancer contributions that he has made to the im- 1971 (Public Law 92–218; 85 Stat. 778), coordi- screening and disease management program provement of the society of the United nated and comprehensive research has ele- among members of the Armed Forces and States and the world. vated the 5-year survival rates for breast veterans, and to develop technologically ad- cancer to 87 percent, for prostate cancer to f vanced diagnostic programs for the early de- 99 percent, and colon cancer to 64 percent; tection of lung cancer; GREATER WASHINGTON SOAP BOX Whereas the survival rate for lung cancer (4) appoint the Lung Cancer Scientific and DERBY RACES is still only 15 percent and a similar coordi- Medical Advisory Committee comprised of nated and comprehensive research effort is medical, scientific, pharmaceutical, and pa- Mr. ENSIGN. Mr. President, I ask required to achieve increases in lung cancer tient advocacy representatives to work with unanimous consent that the Senate survivability rates; the National Lung Cancer Public Health Pol- proceed to the immediate consider- Whereas 60 percent of lung cancer is now icy Board and to report to the President and ation of H. Con Res. 349, just received diagnosed in nonsmokers and former smok- Congress on the progress and the obstacles in from the House, and at the desk. ers; achieving the goal described in paragraph 1; Whereas 2⁄3 of nonsmokers diagnosed with The PRESIDING OFFICER. The and lung cancer are women; (5) convene a National Lung Cancer Public clerk will report the concurrent resolu- Whereas certain minority populations, tion by title. Health Policy Board comprised of multi- such as black males, have disproportionately agency and multidepartment representatives The legislative clerk read as follows: high rates of lung cancer incidence and mor- and at least 3 members of the Lung Cancer A concurrent resolution (H. Con. Res. 349) tality, notwithstanding their lower smoking Scientific and Medical Advisory Committee, authorizing the use of the Capitol Grounds rate; that will oversee and coordinate all efforts for the Greater Washington Soap Box Derby. Whereas members of the Baby Boomer gen- to accomplish the mission of reducing lung eration are entering their sixties, the most cancer mortality rate by 50 percent by 2015. There being no objection, the Senate common age for the development of cancer; proceeded to consideration of the con- Whereas tobacco addiction and exposure to f current resolution. other lung cancer carcinogens such as Agent NAVAJO-HOPI LAND SETTLEMENT Mr. ENSIGN. I ask unanimous con- Orange and other herbicides and battlefield AMENDMENTS ACT OF 2005 sent that the concurrent resolution be emissions are serious problems among mili- agreed to, the motion to reconsider be tary personnel and war veterans; Mr. ENSIGN. Mr. President, I ask laid upon the table, and that any state- Whereas the August 2001 Report of the unanimous consent that the Senate Lung Cancer Progress Review Group of the proceed to the immediate consider- ments be printed in the RECORD. National Cancer Institute stated that fund- The PRESIDING OFFICER. Without ation of Calendar No. 324, S. 1003. ing for lung cancer research was ‘‘far below The PRESIDING OFFICER. The objection, it is so ordered. the levels characterized for other common The concurrent resolution (H. Con. malignancies and far out of proportion to its clerk will report the bill by title. The Res. 349) was agreed to. massive health impact’’; legislative clerk read as follows: The preamble was agreed to. Whereas the Report of the Lung Cancer A bill (S. 2003) to amend the Act of Decem- Progress Review Group identified as its ber 22, 1974, and for other purposes. f ‘‘highest priority’’ the creation of inte- There being no objection, the Senate grated, multidisciplinary, multi-institu- DECLARING LUNG CANCER A proceeded to consider the bill to amend PUBLIC HEALTH PRIORITY tional research consortia organized around the problem of lung cancer rather than which had been reported from the Com- Mr. ENSIGN. Mr. President, I ask around specific research disciplines; and mittee on Indian Affairs, with amend- unanimous consent that the HELP Whereas the United States must enhance ments, as follows: Committee be discharged from further its response to the issues raised in the Re- [Strike the parts shown in black consideration and the Senate now pro- port of the Lung Cancer Progress Review brackets and insert the parts shown in Group: Now, therefore, be it italic.] ceed to S. Res. 408. Resolved, That it is the sense of the Senate The PRESIDING OFFICER. Without that the President should— S. 1003 objection, it is so ordered. (1) declare lung cancer a public health pri- Be it enacted by the Senate and House of Rep- The clerk will report the resolution ority and immediately lead a coordinated ef- resentatives of the United States of America in by title. fort to reduce the mortality rate of lung can- Congress assembled, The legislative clerk read as follows: cer by 50 percent by 2015; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) direct the Secretary of the Department A resolution (S. Res. 408) expressing the (a) SHORT TITLE.—This Act may be cited as of Health and Human Services to increase sense of the Senate that the President the ‘‘Navajo-Hopi Land Settlement Amend- funding for lung cancer research and other should declare lung cancer a public health ments of 2005’’. lung cancer-related programs within a co- priority. (b) TABLE OF CONTENTS.—The table of con- ordinated strategy and defined goals, includ- tents of this Act is as follows: There being no objection, the Senate ing— Sec. 1. Short title; table of contents. proceeded to consider the resolution. (A) translational research and specialized Mr. ENSIGN. Mr. President, I ask lung cancer research centers; TITLE I—AMENDMENTS TO THE NAVAJO- unanimous consent that the resolution (B) expansion of existing multi-institu- HOPI LAND SETTLEMENT ACT OF 1974 be agreed to, the preamble be agreed tional, population-based screening programs Sec. 101. Repeal of sections. to, and the motion to reconsider be laid incorporating state of the art image proc- Sec. 102. Definitions; division of land. essing, centralized review, clinical manage- Sec. 103. Joint ownership of minerals. upon the table. ment, and tobacco cessation protocols; Sec. 104. Actions. The PRESIDING OFFICER. Without (C) research on disparities in lung cancer Sec. 105. Paiute Indian allotments. objection, it is so ordered. incidence and mortality rates; Sec. 106. Partitioned and other designated The resolution (S. Res. 408) was (D) graduate medical education programs land. agreed to. in thoracic medicine and cardiothoracic sur- Sec. 107. Resettlement land for Navajo The preamble was agreed to. gery; Tribe. The resolution, with its preamble, (E) new programs within the Food and Sec. 108. Office of Navajo and Hopi Indian reads as follows: Drug Administration to expedite the devel- Relocation. opment of chemoprevention and targeted Sec. 109. Report. S. RES. 408 therapies for lung cancer; Sec. 110. Relocation of households and mem- Expressing the sense of the Senate that the (F) annual reviews by the Agency for bers. President should declare lung cancer a pub- Healthcare Research and Quality of lung Sec. 111. Relocation housing. lic health priority and should implement a cancer screening and treatment protocols; Sec. 112. Payment for use of land.

VerDate Aug 31 2005 03:52 May 03, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0655 E:\CR\FM\A02MY6.031 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3919 Sec. 113. Effect of Act. ‘‘(B) consider the grazing capacity of the SEC. 106. PARTITIONED AND OTHER DESIGNATED Sec. 114. Actions for accounting, fair value land to be fully restored. LAND. of grazing, and claims for dam- ‘‘(3) COMPENSATION BY TRIBES.—If the parti- Section 10 of the Act of December 22, 1974 ages to land. tion under paragraph (1) results in parcels of (25 U.S.C. 640d–9) is amended— Sec. 115. Joint use. unequal value, as determined by the Sec- (1) by striking ‘‘SEC. 10. (a) Subject’’ and Sec. 116. Religious ceremonies; piping of retary, the Tribe that receives the more val- inserting the following: water. uable parcel shall pay to the other Tribe ‘‘SEC. 6. PARTITIONED AND OTHER DESIGNATED Sec. 117. Access to religious shrines. compensation in an amount equal to the dif- LAND. Sec. 118. Exclusion of payments from certain ference in the values of the parcels, as deter- ‘‘(a) NAVAJO TRUST LAND.—Subject’’; Federal determinations of in- mined by the Secretary. (2) in subsection (a), by striking ‘‘section 9 come. ‘‘(4) COMPENSATION BY FEDERAL GOVERN- and subsection (a) of section 17’’ and insert- Sec. 119. Authorization of exchange. MENT.—If the District Court determines that ing ‘‘sections 5 and 13(a)’’; Sec. 120. Severability. the failure of the Federal Government to ful- (3) in subsection (b)— Sec. 121. Authorization of appropriations. fill an obligation of the Government de- (A) by striking ‘‘(b) Subject’’ and inserting Sec. 122. Funding and construction of high creased the value of a parcel under para- the following: school and medical center. graph (1), the Government shall pay to the ‘‘(b) HOPI TRUST LAND.—Subject’’; Sec. 123. Environmental impact; wilderness recipient of the parcel compensation in an (B) by striking ‘‘section 9 and subsection study; cancellation of leases amount equal to the difference between— (a) of section 17’’ and inserting ‘‘sections 5 and permits. ‘‘(A) the decreased value of the parcel; and and 13(a)’’; Sec. 124. Attorney fees and court costs. ‘‘(B) the value of the fully restored par- (C) by striking ‘‘section 3 or 4’’ and insert- Sec. 125. Lobbying. cel.’’; ing ‘‘section ø1¿ 2’’; and Sec. 126. Navajo Rehabilitation Trust Fund. (2) by striking ‘‘(g) Any’’ and inserting the (D) by striking ‘‘section 8’’ and inserting Sec. 127. Availability of funds for relocation following: ‘‘section 4’’; assistance. ‘‘(b) LICENSE FEES AND RENTS.—Any’’; and (4) in subsection (c)— TITLE II—PERSONNEL OF THE OFFICE (3) by striking ‘‘(h) Any’’ and inserting the (A) by striking ‘‘(c) The’’ and inserting the OF NAVAJO AND HOPI INDIAN RELOCA- following: following: TION ‘‘(c) GRAZING AND AGRICULTURAL USE.— ‘‘(c) PROTECTION OF RIGHTS AND PROP- Sec. 201. Retention preference. Any’’. ERTY.—The’’; and Sec. 202. Separation pay. SEC. 103. JOINT OWNERSHIP OF MINERALS. (B) by striking ‘‘pursuant thereto’’ and all Sec. 203. Federal retirement. Section 7 of the Act of December 22, 1974 that follows through the end of the sub- (25 U.S.C. 640d–6) is amended— section and inserting ‘‘pursuant to this Act’’; TITLE III—TRANSFER OF FUNCTIONS (1) by striking ‘‘SEC. 7. Partition’’ and in- (5) in subsection (d), by striking ‘‘(d) With’’ AND SAVINGS PROVISIONS serting the following: and inserting the following: Sec. 301. Definitions. ‘‘SEC. 3. JOINT OWNERSHIP OF MINERALS. ‘‘(d) PROTECTION OF BENEFITS AND SERV- Sec. 302. Transfer of functions. ICES.—With’’; and ‘‘(a) IN GENERAL.—Partition’’; and Sec. 303. Transfer and allocations of appro- (2) in the second sentence, by striking (6) in subsection (e)— priations. ‘‘All’’ and inserting the following: (A) by striking ‘‘(e)(1) Lands’’ and insert- Sec. 304. Effect of title. ing the following: ‘‘(b) JOINT MANAGEMENT.—All’’. ‘‘(e) TRIBAL JURISDICTION OVER PARTI- TITLE I—AMENDMENTS TO THE ACT OF SEC. 104. ACTIONS. DECEMBER 22, 1974 TIONED LAND.— Section 8 of the Act of December 22, 1974 ‘‘(1) IN GENERAL.—Land’’; SEC. 101. REPEAL OF SECTIONS. (25 U.S.C. 640d–7) is amended— (B) by adjusting the margins of subpara- (a) IN GENERAL.—The Act of December 22, (1) by striking ‘‘SEC. 8. (a) Either Tribe’’ graphs (A) and (B) of paragraph (1) appro- 1974 (25 U.S.C. 640d et seq.) is amended in the and inserting the following: priately; and first undesignated section by striking ‘‘That, ‘‘SEC. 4. ACTIONS. (C) in the matter following subparagraph (a) within’’ and all that follows through the ‘‘(a) ACTIONS IN DISTRICT COURT.—Either (B)— end of the section. Tribe’’; (i) by striking ‘‘The provisions’’ and insert- (b) ADDITIONAL REPEALS.—Sections 2 (2) in subsection (b)— ing the following: through 5 and sections 26 and 30 of the Act of (A) in the first sentence, by striking ‘‘(b) ‘‘(2) RESPONSIBILITY OF SECRETARY.—The December 22, 1974 (25 U.S.C. 640d–1 through Lands, if any,’’ and inserting the following: provisions’’; and 640d–4; 88 Stat. 1723; 25 U.S.C. 640d–28) are re- ‘‘(b) ALLOCATION OF LAND.— (ii) by striking ‘‘life tenants and’’. pealed. ‘‘(1) NAVAJO RESERVATION.—Any land’’; SEC. 107. RESETTLEMENT LAND FOR NAVAJO SEC. 102. DEFINITIONS; DIVISION OF LAND. (B) in the second sentence, by striking TRIBE. Section 6 of the Act of December 22, 1974 ‘‘Lands, if any,’’ and inserting the following: (a) IN GENERAL.—Section 11(a) of the Act of (25 U.S.C. 640d–5) is amended— ‘‘(2) HOPI RESERVATION.—Any land’’; and December 22, 1974 (25 U.S.C. 640d–10(a)) is (1) by striking ‘‘SEC. 6. The Mediator’’ and (C) in the third sentence, by striking ‘‘Any amended— all that follows through subsection (f) and lands’’ and inserting the following: (1) by striking ‘‘SEC. 11. (a) The Secretary’’ inserting the following: ‘‘(3) JOINT AND UNDIVIDED INTERESTS.—Any and inserting the following: land’’; ‘‘SECTION 1. DEFINITIONS. ‘‘SEC. 7. RESETTLEMENT LAND FOR NAVAJO ‘‘In this Act: (3) in subsection (c)— TRIBE. (A) by striking ‘‘(c)(1) Either’’ and insert- ‘‘(1) DISTRICT COURT.—The term ‘District ‘‘(a) TRANSFER OF LAND.— ing the following: Court’ means the United States District ‘‘(1) IN GENERAL.—The Secretary’’; Court for the District of Arizona. ‘‘(c) EXCHANGE OF LAND.— (2) by striking ‘‘(1) transfer not to exceed ‘‘(2) SECRETARY.—The term ‘Secretary’ ‘‘(1) IN GENERAL.—Either’’; two hundred and fifty thousand acres of means the Secretary of the Interior. (B) in paragraph (2), by striking ‘‘(2) In the lands’’ and inserting the following: ‘‘(3) TRIBE.—The term ‘Tribe’ means— event’’ and inserting the following: ‘‘(A) transfer not more than 250,000 acres of ‘‘(A) the Navajo Indian Tribe; and ‘‘(2) INTERESTS OF TRIBES.—If’’; land’’; ‘‘(B) the Hopi Indian Tribe. (C) in paragraph (3), by striking ‘‘(3) Nei- (3) by striking ‘‘Tribe: Provided, That’’ and ‘‘SEC. 2. DIVISION OF LAND. ther’’ and inserting the following: all that follows through ‘‘as possible.’’ and ‘‘(3) DEFENSE.—Neither’’; and ‘‘(a) DIVISION.— inserting ‘‘Tribe; and’’; (D) by striking ‘‘section 18’’ each place it ‘‘(1) IN GENERAL.—The land located within (4) in the first paragraph designated as the boundaries of the reservation established appears and inserting ‘‘section 14’’; paragraph (2)— by Executive order on December 16, 1982, (4) in subsection (d), by striking ‘‘(d) Noth- (A) by striking ‘‘(2) on behalf’’ and insert- shall be divided into parcels of equal acreage ing’’ and inserting the following: ing the following: ‘‘(d) EFFECT OF SECTION.—Nothing’’; and quality— ‘‘(B) on behalf’’; and (5) in subsection (e), by striking ‘‘(e) The’’ ‘‘(A) to the maximum extent practicable; (B) by striking the second sentence; and inserting the following: and (5) in the matter following paragraph (1)(B) ‘‘(e) PAYMENT OF LEGAL FEES, COURT ‘‘(B) in accordance with the final order (as redesignated by paragraph (4))— COSTS, AND OTHER EXPENSES.—The’’; and issued by the District Court on August 30, (A) in the first sentence— (6) by striking subsection (f). 1978 (providing for the partition of the sur- (i) by striking ‘‘Subject to’’ and all that face rights and interest of the Tribes). SEC. 105. PAIUTE INDIAN ALLOTMENTS. follows through ‘‘all rights’’ and inserting ‘‘(2) VALUATION OF PARCELS.—For the pur- Section 9 of the Act of December 22, 1974 the following: pose of calculating the value of a parcel pro- (25 U.S.C. 640d–8) is amended by striking ‘‘(4) REQUIREMENTS OF TRANSFER.— duced by a division under paragraph (1), the ‘‘SEC. 9. Notwithstanding’’ and inserting the ‘‘(A) IN GENERAL.—Subject to this para- Secretary shall— following: graph, all rights’’; and ‘‘(A) take into account any improvement ‘‘SEC. 5. PAIUTE INDIAN ALLOTMENTS. (ii) by striking ‘‘paragraph (1)’’ and insert- on the land; and ‘‘Notwithstanding’’. ing ‘‘paragraph (1)(A)’’;

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(B) in the second sentence, by striking ‘‘So ‘‘(e) PAYMENTS.—Payments’’. (C) in paragraph (2), by striking ‘‘(2) The’’ long as’’ and inserting the following: (f) ACQUISITION OF TITLE TO SURFACE AND and inserting the following: ‘‘(B) COAL LEASE APPLICATIONS.— SUBSURFACE INTERESTS.—Section 11(f) of the ‘‘(2) CONTRACTS.—The’’; and ‘‘(i) IN GENERAL.—If’’; Act of December 22, 1974 (25 U.S.C. 640d–10(f)) (D) in paragraph (3), by striking ‘‘(3) (C) in the third sentence, by striking ‘‘If is amended— There’’ and inserting the following: such adjudication’’ and inserting the fol- (1) by striking ‘‘(f)(1) For’’ and inserting ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— lowing: the following: There’’; ‘‘(ii) ISSUANCE OF LEASES.—If an adjudica- ‘‘(f) ACQUISITION OF TITLE TO SURFACE AND (5) in subsection (e)— tion under clause (i)’’; SUBSURFACE INTERESTS.— (A) by striking ‘‘(e)(1)’’ and inserting the (D) in the fourth sentence, by striking ‘‘(1) IN GENERAL.—For’’; following: ‘‘The leaseholders rights and interests’’ and (2) in paragraph (2), by striking ‘‘(2) If’’ and ‘‘(e) ADMINISTRATION.— inserting the following: inserting the following: ‘‘(1) ADMINISTRATIVE, FISCAL, AND HOUSE- ‘‘(2) PUBLIC NOTICE; REPORT.—If’’; and ‘‘(iii) RIGHTS AND INTERESTS OF LEASE- KEEPING SERVICES.—’’. (3) in paragraph (3), by striking ‘‘(3) In any HOLDERS.—The rights and interests of a hold- (B) in paragraph (1)— er of a lease described in clause (i)’’; and case where’’ and inserting the following: (i) in the first sentence, by striking ‘‘The’’ (E) in the fifth sentence, by striking ‘‘If ‘‘(3) RIGHTS OF SUBSURFACE OWNERS.—If’’. and inserting the following: (g) LAND NOT AVAILABLE FOR TRANSFER.— any’’ and inserting the following: ‘‘(A) IN GENERAL.—The’’; and Section 11(g) of the Act of December 22, 1974 ‘‘(C) CLAIMS UNDER MINING LAW.—If any’’; (ii) in the second sentence, by striking ‘‘In (25 U.S.C. 640d–10(g)) is amended by striking (6) by inserting after paragraph (1)(B) (as any’’ and inserting the following: ‘‘(g) No’’ and inserting the following: ‘‘(B) ASSISTANCE FROM DEPARTMENTS AND redesignated by paragraph (4)) the following: ‘‘(g) LAND NOT AVAILABLE FOR TRANSFER.— ‘‘(2) EXCHANGE OF LAND.— AGENCIES.—In any’’; and No’’. (C) in paragraph (2), by striking ‘‘(2) On’’ ‘‘(A) IN GENERAL.—In order to facilitate a (h) ADMINISTRATION OF LAND TRANSFERRED and inserting the following: transfer of land under paragraph (1)(A), the OR ACQUIRED.—Section 11(h) of the Act of De- Secretary may exchange land described in cember 22, 1974 (25 U.S.C. 640d–10(h)) is ‘‘(2) FAILURE TO PROVIDE ASSISTANCE.—On’’; paragraph (1)(A) for State or private land of amended— (6) by striking subsection (f) and inserting equal value. (1) by striking ‘‘(h) The lands’’ and insert- the following: ‘‘(f) TERMINATION.— ‘‘(B) UNEQUAL VALUE.—If the State or pri- ing the following: ‘‘(1) IN GENERAL.—The Office of Navajo and vate land described in subparagraph (A) is of ‘‘(h) ADMINISTRATION OF LAND TRANS- Hopi Indian Relocation shall terminate on unequal value to the land described in para- FERRED OR ACQUIRED.— September 30, 2008. graph (1)(A), the recipient of the land that is ‘‘(1) IN GENERAL.—The land’’; and of greater value shall pay to the other party (2) by adding at the end the following: ‘‘(2) TRANSFER OF OFFICE DUTIES.—On the date of termination of the Office, any duty of to the exchange under subparagraph (A) ‘‘(2) RELOCATION.— the Office that has not been carried out, as compensation in an amount not to exceed ‘‘(A) IN GENERAL.—In order to facilitate re- the lesser of— location of a member of a Tribe, the Com- determined in accordance with this Act, ‘‘(i) the difference between the values of missioner may grant a homesite lease on shall be transferred to the Secretary in ac- the land exchanged; or land acquired under this section to a member cordance with title III of the Navajo-Hopi ‘‘(ii) the amount that is 25 percent of the of the extended family of a Navajo Indian Land Settlement Amendments of 2005.’’; and total value of the land transferred from the who is certified as eligible to receive benefits (7) by adding at the end the following: ‘‘(g) OFFICE OF RELOCATION.— Secretary to the Navajo Tribe. under this Act. ‘‘(1) ESTABLISHMENT.—Effective on October ‘‘(C) RESPONSIBILITY OF SECRETARY.—The ‘‘(B) EXCEPTION.—The Commissioner may 1, 2006, there is established in the Depart- Secretary shall ensure that the amount of a not use any funds available to the Commis- ment of the Interior an Office of Relocation. payment under subparagraph (B) is as mini- sioner to carry out this Act to provide hous- ‘‘(2) DUTIES.—The Secretary, acting mal as practicable. ing to an extended family member described through the Office of Relocation, shall carry ‘‘(3) TITLE TO LAND ACCEPTED.—The Sec- in subparagraph (A).’’. out the duties of the Office of Navajo and retary shall accept title to land under para- (i) NEGOTIATIONS REGARDING LAND EX- Hopi Indian Relocation that are transferred graph (1)(B) on behalf of the United States in CHANGES AND LEASES.—Section 11(i) of the to the Secretary in accordance with title III trust for the benefit of the Navajo Tribe as a Act of December 22, 1974 (25 U.S.C. 640d–10(i)) of the Navajo-Hopi Land Settlement Amend- part of the Navajo reservation.’’; and is amended— ments of 2005. (7) in the second paragraph designated as (1) by striking ‘‘(i) The’’ and inserting the ‘‘(3) TERMINATION.—The Office of Reloca- paragraph (2)— following: tion shall terminate on the date on which (A) in the first sentence— ‘‘(i) NEGOTIATIONS REGARDING LAND EX- the Secretary determines that the duties of (i) by striking ‘‘(2) Those’’ and inserting CHANGES AND LEASES.—The’’; and the Office have been carried out.’’. the following: (2) by striking ‘‘section 23’’ and inserting SEC. 109. REPORT. ‘‘(5) STATE RIGHTS.— ‘‘section 19’’. Section 13 of the Act of December 22, 1974 ‘‘(A) IN GENERAL.—The’’; and SEC. 108. OFFICE OF NAVAJO AND HOPI INDIAN (ii) by striking ‘‘subsection 2 of this sec- RELOCATION. (25 U.S.C. 640d–12) is amended— tion’’ and inserting ‘‘paragraph (1)(B)’’; and Section 12 of the Act of December 22, 1974 (1) by striking ‘‘SEC. 13. (a) By no’’ and in- (B) in the second sentence, by striking (25 U.S.C. 640d–11) is amended— serting the following: ‘‘The’’ and inserting the following: (1) by striking ‘‘SEC. 12. (a) There is here- ‘‘SEC. 9. REPORT. by’’ and inserting the following: ‘‘(a) IN GENERAL.—Not’’; and ‘‘(B) STATE INTERESTS.—The’’. (b) PROXIMITY OF LAND; EXCHANGES OF ‘‘SEC. 8. OFFICE OF NAVAJO AND HOPI INDIAN (2) in subsection (b)— LAND.—Section 11(b) of the Act of December RELOCATION. (A) by striking ‘‘(b) The’’ and inserting the 22, 1974 (25 U.S.C. 640d–10(b)) is amended by ‘‘(a) ESTABLISHMENT.—There is’’; following: striking ‘‘(b) A border’’ and inserting the fol- (2) in subsection (b), by striking ‘‘(b) The’’ ‘‘(b) INCLUSIONS.—The’’; and lowing: and inserting the following: (B) by striking ‘‘contain, among other ‘‘(b) PROXIMITY OF LAND TO BE TRANS- ‘‘(b) APPOINTMENT.—The’’; matters, the following:’’ and inserting ‘‘in- FERRED OR ACQUIRED.—A border’’. (3) in subsection (c)— clude—’’. (c) SELECTION OF LAND.—Section 11(c) of (A) by striking ‘‘(c)(1)(A) Except’’ and in- SEC. 110. RELOCATION OF HOUSEHOLDS AND the Act of December 22, 1974 (25 U.S.C. 640d– serting the following: MEMBERS. 10(c)) is amended— ‘‘(c) CONTINUATION OF POWERS.— Section 14 of the Act of December 22, 1974 (1) by striking ‘‘(c) Lands’’ and inserting ‘‘(1) POWERS AND DUTIES OF COMMISSIONER; (25 U.S.C. 640d–13) is amended— the following: EXISTING FUNDS.— (1) by striking ‘‘SEC. 14. (a)’’ and inserting ‘‘(c) SELECTION OF LAND TO BE TRANS- ‘‘(A) POWERS AND DUTIES OF COMMIS- the following: FERRED OR ACQUIRED.—Land’’; and SIONER.—Except’’; ‘‘SEC. 10. RELOCATION OF HOUSEHOLDS AND (2) by striking the period at the end and in- (B) in paragraph (1)(B), by striking ‘‘(B) MEMBERS. serting the following: ‘‘: Provided further, All’’ and inserting the following: ‘‘(a) AUTHORIZATION.—’’; That the authority of the Commissioner to ‘‘(B) EXISTING FUNDS.—All’’; and (2) in subsection (a)— select lands under this subsection shall ter- (C) in paragraph (2), by striking ‘‘(2) There (A) in the first sentence— minate on September 30, 2008.’’. are hereby’’ and inserting the following: (i) by striking ‘‘Consistent’’ and inserting (d) REPORTS.—Section 11(d) of the Act of ‘‘(2) TRANSFER OF POWERS.—There are’’; the following: December 22, 1974 (25 U.S.C. 640d–10(d)) is (4) in subsection (d)— ‘‘(1) IN GENERAL.—Consistent’’; amended by striking ‘‘(d) The’’ and inserting (A) by striking ‘‘(d)(1) Subject’’ and insert- (ii) by striking ‘‘section 8’’ each place it the following: ing the following: appears and inserting ‘‘section 4’’; and ‘‘(d) REPORTS.—The’’. ‘‘(d) POWERS OF COMMISSIONER.— (iii) by striking ‘‘section 3 or 4’’ and insert- (e) PAYMENTS.—Section 11(e) of the Act of ‘‘(1) IN GENERAL.—Subject’’; ing ‘‘section ø1¿ 2’’; December 22, 1974 (25 U.S.C. 640d–10(e)) is (B) by adjusting the margins of subpara- (B) by striking the second sentence; amended by striking ‘‘(e) Payments’’ and in- graphs (A) and (B) of paragraph (1) appro- (C) in the third sentence, by striking ‘‘No serting the following: priately; further’’ and inserting the following:

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‘‘(2) SETTLEMENTS OF NAVAJO.—No fur- ‘‘(e) DISPOSAL OF ACQUIRED DWELLINGS AND ‘‘(B) has not entered into a lease to reside ther’’; IMPROVEMENTS.—The’’; on that land. (D) in the fourth sentence, by striking ‘‘No (B) by striking ‘‘section 8’’ and inserting ‘‘(3) CONSTRUCTION OF REPLACEMENT further’’ and inserting the following: ‘‘section 4’’; and HOMES.—Before July 1, 2008, but not later ‘‘(3) SETTLEMENTS OF HOPI.—No further’’; (C) by striking ‘‘section 3 or 4’’ and insert- than 90 days after receiving a notice of the and ing ‘‘section ø1¿ 2’’; imminent removal of a relocatee from land (E) in the fifth sentence, by striking ‘‘No (7) in subsection (f), by striking ‘‘(f) Not- provided to the Hopi Tribe under this Act individual’’ and inserting the following: withstanding’’ and inserting the following: from the Secretary or the United States At- ‘‘(4) GRAZING.—No individual’’; ‘‘(f) PREFERENTIAL TREATMENT.—Notwith- torney for the District of Arizona, the Com- (3) in subsection (b)— standing’’; and missioner may begin construction of a re- (A) by striking ‘‘(b) In addition’’ and in- (8) by striking subsection (g) and inserting placement home on any land acquired under serting the following: the following: section 6. ‘‘(i) APPEALS.— ‘‘(b) ADDITIONAL PAYMENTS TO HEADS OF ‘‘(g) BENEFITS HELD IN TRUST.— ‘‘(1) IN GENERAL.—The Commissioner shall HOUSEHOLDS.—In addition’’; ‘‘(1) IN GENERAL.—Not later than Sep- establish an expedited hearing procedure for (B) by striking ‘‘section 15’’ and inserting tember 30, 2008, the Commissioner shall no- any appeal relating to the denial of eligi- ‘‘section 11’’; and tify the Secretary of the identity of any head bility for benefits under this Act (including (C) by striking ‘‘section 13’’ and inserting of household that, as of that date— regulations promulgated pursuant to this ‘‘section 9’’; ‘‘(A) is certified as eligible to receive bene- Act) that is pending on, or filed after, the (4) in subsection (c), by striking ‘‘(c) No’’ fits under this Act; date of enactment of Navajo-Hopi Land Set- and inserting the following: ‘‘(B) does not reside on land that has been tlement Amendments of 2005. ‘‘(c) PAYMENTS FOR PERSONS MOVING AFTER partitioned to the Tribe of which the head of ‘‘(2) FINAL DETERMINATIONS.—The hearing A CERTAIN DATE.—No’’; and household is a member; and procedure established under paragraph (1) (5) by adding at the end the following: ‘‘(C) has not received a replacement home. ‘‘(d) PROHIBITION.—No payment for benefits shall— ‘‘(2) TRANSFER OF FUNDS.—Not later than under this Act may be made to any head of ‘‘(A) provide for a hearing before an impar- a household if, as of September 30, 2005, that September 30, 2008, the Commissioner shall tial third party, as the Commissioner deter- head of household has not been certified as transfer to the Secretary any funds not used mines necessary: and eligible to receive the payment.’’. by the Commissioner to make payments ‘‘(B) ensure that a final determination is under this Act to eligible heads of house- SEC. 111. RELOCATION HOUSING. made by the Office of Navajo and Hopi Indian Section 15 of the Act of December 22, 1974 holds. Relocation for each appeal described in para- (25 U.S.C. 640d–14) is amended— ‘‘(3) DISPOSITION OF TRANSFERRED FUNDS.— graph (1) by not later than January 1, 2008. ‘‘(A) IN GENERAL.—The Secretary shall hold (1) by striking ‘‘SEC. 15. (a)’’ and inserting ‘‘(3) NOTICE.— the following: any funds transferred under paragraph (2) in ‘‘(A) IN GENERAL.—Not later than 30 days trust for the heads of households described in ‘‘SEC. 11. RELOCATION HOUSING. after the date of enactment of the Navajo- paragraph (1)(A). ‘‘(a) PURCHASE OF HABITATION AND IM- Hopi Land Settlement Amendments of 2005, ‘‘(B) PAYMENT AMOUNTS.—Of the funds held PROVEMENTS.—’’; the Commissioner shall provide written no- (2) in subsection (a)— in trust under subparagraph (A), the Sec- tice to any individual that the Commissioner (A) in the first sentence, by striking ‘‘The retary shall make payments to heads of determines may have the right to a deter- Commission’’ and inserting the following: households described in paragraph (1)(A) in mination of eligibility for benefits under this amounts that would have been made to the ‘‘(1) IN GENERAL.—The Commission’’; and Act. (B) in the second sentence— heads of households under this Act before ‘‘(B) REQUIREMENTS FOR NOTICE.—The no- (i) by striking ‘‘The purchase’’ and insert- September 30, 2008— tice provided under subparagraph (A) shall— ing the following: ‘‘(i) on receipt of a request of a head of ‘‘(i) specify that a request for a determina- household, to be used for a replacement ‘‘(2) PURCHASE PRICE.—The purchase’’; and tion of eligibility for benefits under this Act (ii) by striking ‘‘as determined under home; or shall be presented to the Commission not clause (2) of subsection (b) of section 13’’; ‘‘(ii) on the date of death of the head of later than 180 days after the date on which (3) in subsection (b)— household, if the head of household does not the notice is issued; and (A) by striking ‘‘(b) In addition’’ and in- make a request under clause (i), in accord- ‘‘(ii) be provided— serting the following: ance with subparagraph (C). ‘‘(I) by mail (including means other than ‘‘(b) REIMBURSEMENT FOR MOVING EXPENSES ‘‘(C) DISTRIBUTION OF FUNDS ON DEATH OF certified mail) to the last known address of AND PAYMENT FOR REPLACEMENT DWELLING.— HEAD OF HOUSEHOLD.—If the Secretary holds the recipient; and In addition’’; funds in trust under this paragraph for a ‘‘(II) in a newspaper of general circulation (B) by striking ‘‘shall:’’ and inserting head of household described in paragraph in the geographic area in which an address ‘‘shall—’’; and (1)(A) on the death of the head of household, referred to in subclause (I) is located. (C) in paragraph (1), by inserting ‘‘and’’ the Secretary shall— ‘‘(j) PROCUREMENT OF SERVICES.— after the semicolon at the end; ‘‘(i) identify and notify any heir of the ‘‘(1) IN GENERAL.—Notwithstanding any (4) in subsection (c)— head of household; and other provision of this Act, to ensure the full (A) by striking ‘‘(c) In implementing’’ and ‘‘(ii) distribute the funds held by the Sec- and fair evaluation of the requests referred inserting the following: retary for the head of household to any to in subsection (i)(3)(A) (including an appeal ‘‘(c) STANDARDS; CERTAIN PAYMENTS.— heir— hearing before an impartial third party re- ‘‘(1) STANDARDS.—In carrying out’’; and ‘‘(I) immediately, if the heir is at least 18 ferred to in subsection (i)(2)(A)), the Com- (B) in the second sentence— years old; or missioner may enter into such contracts or (i) by striking ‘‘No payment’’ and inserting ‘‘(II) if the heir is younger than 18 years agreements to procure such services, and em- the following: old on the date on which the Secretary iden- ploy such personnel (including attorneys), as ‘‘(2) CERTAIN PAYMENTS.—No payment’’; tified the heir, on the date on which the heir the Commissioner determines to be nec- (ii) by striking ‘‘section 8’’ and inserting attains the age of 18. essary. ‘‘section 4’’; and ‘‘(h) NOTIFICATION.— ‘‘(2) DETAIL OF ADMINISTRATIVE LAW JUDGES (iii) by striking ‘‘section 3 or 4’’ and insert- ‘‘(1) IN GENERAL.—Not later than 180 days OR HEARING OFFICERS.—The Commissioner ing ‘‘section ø1¿ 2’’; after the date of enactment of the Navajo- may request the Secretary to act through (5) in subsection (d)— Hopi Land Settlement Amendments of 2005, the Director of the Office of Hearings and (A) by striking ‘‘(d) The’’ and inserting the the Commissioner shall notify each eligible Appeals to make available to the Office of following: head of household who has not entered into Navajo and Hopi Indian Relocation an ad- ‘‘(d) METHODS OF PAYMENT.—The’’; a lease with the Hopi Tribe to reside on land ministrative law judge or other hearing offi- (B) by striking ‘‘(1) Should’’ and inserting partitioned to the Hopi Tribe, in accordance cer with appropriate qualifications to review the following: with section 700.138 of title 25, Code of Fed- the requests referred to in subsection ‘‘(1) HOME OWNERSHIP OPPORTUNITY eral Regulations (or a successor regulation). (i)(3)(A), as determined by the Commis- PROJECTS.—Should’’; ‘‘(2) LIST.—On the date on which a notice sioner. (C) by striking ‘‘(2) Should’’ and inserting period referred to in section 700.139 of title ‘‘(k) APPEAL TO UNITED STATES CIRCUIT the following: 25, Code of Federal Regulations (or a suc- COURT OF APPEALS.— ‘‘(2) PURCHASED AND CONSTRUCTED DWELL- cessor regulation), expires, the Commis- ‘‘(1) IN GENERAL.—Subject to paragraph (3), INGS.—Should’’; and sioner shall submit to the Secretary and the any individual who, under the procedures es- (D) by striking ‘‘(3) Should’’ and inserting United States Attorney for the District of tablished by the Commissioner pursuant to the following: Arizona a list containing the name and ad- this section, is determined not to be eligible ‘‘(3) FAILURE TO ARRANGE RELOCATION.— dress of each eligible head of household to receive benefits under this Act may ap- Should’’; who— peal that determination to the United States (6) in subsection (e)— ‘‘(A) continues to reside on land that has Circuit Court of Appeals for the Ninth Cir- (A) by striking ‘‘(e) The’’ and inserting the not been partitioned to the Tribe of the head cuit (referred to in this subsection as the following: of household; and ‘Circuit Court’).

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‘‘(2) REVIEW.— ‘‘(b) DEFENSES.—Neither’’; and SEC. 118. EXCLUSION OF PAYMENTS FROM CER- ‘‘(A) IN GENERAL.—The Circuit Court shall, (B) by striking ‘‘section 3 or 4’’ and insert- TAIN FEDERAL DETERMINATIONS with respect to each appeal described in ing ‘‘section ø1¿ 2’’; OF INCOME. paragraph (1)— (4) in subsection (c)— Section 22 of the Act of December 22, 1974 ‘‘(i) review the entire record (as certified (A) by striking ‘‘(c) Either’’ and inserting (25 U.S.C. 640d–21) is amended— to the Circuit Court under paragraph (3)) on the following: (1) by striking ‘‘SEC. 22. The availability’’ and inserting the following: which a determination of the ineligibility of ‘‘(c) FURTHER ORIGINAL, ANCILLARY, OR the appellant to receive benefits under this SUPPLEMENTARY ACTS TO ENSURE QUIET EN- ‘‘SEC. 18. EXCLUSION OF PAYMENTS FROM CER- TAIN FEDERAL DETERMINATIONS Act was based; and JOYMENT.— OF INCOME. ‘‘(ii) on the basis of that review, affirm or ‘‘(1) IN GENERAL.—Either’’; and ‘‘(a) IN GENERAL.—The availability’’; and reverse that determination. (B) in the second sentence, by striking (2) by striking ‘‘None of the funds’’ and in- ‘‘(B) STANDARD OF REVIEW.—The Circuit ‘‘Such actions’’ and inserting the following: serting the following: Court shall affirm any determination that ‘‘(2) ACTION THROUGH CHAIRMAN.—An action the Circuit Court determines to be supported ‘‘(b) FEDERAL AND STATE INCOME TAXES.— under paragraph (1)’’; None of the funds’’. by substantial evidence. (5) in subsection (d)— ‘‘(3) NOTICE OF APPEAL.— (A) by striking ‘‘(d) Except’’ and inserting SEC. 119. AUTHORIZATION OF EXCHANGE. ‘‘(A) IN GENERAL.—Not later than 30 days the following: Section 23 of the Act of December 22, 1974 after a determination of ineligibility under (25 U.S.C. 649d–22) is amended— ‘‘(d) UNITED STATES AS PARTY; JUDGMENTS paragraph (1), an affected individual shall (1) by striking ‘‘SEC. 23. The Navajo’’ and AGAINST THE UNITED STATES.— file a notice of appeal with— inserting the following: ‘‘(1) IN GENERAL.—Except’’; and ‘‘(i) the Circuit Court; and (B) in the second sentence, by striking ‘‘SEC. 19. AUTHORIZATION OF EXCHANGE. ‘‘(ii) the Commissioner. ‘‘Any judgment or judgments’’ and inserting ‘‘(a) IN GENERAL.—The Navajo’’; and ‘‘(B) CERTIFICATION OF RECORD.—On receipt the following: (2) in the second sentence— of a notice under subparagraph (A)(ii), the (A) by striking ‘‘In the event that the ‘‘(2) EFFECT OF JUDGMENTS.—Any judg- Commissioner shall submit to the Circuit ment’’; and Tribes should’’ and inserting the following: Court the certified record on which the de- ‘‘(b) NEGOTIATED EXCHANGES.—If the (6) in subsection (e), by striking ‘‘(e) All’’ termination that is the subject of the appeal Tribes’’; and and inserting the following: was made. (B) by striking ‘‘sections 14 and 15’’ and in- ‘‘(e) REMEDIES.—All’’. ‘‘(C) REVIEW PERIOD.—Not later than 60 serting ‘‘sections 10 and 11’’. days after receiving a certified record under SEC. 115. JOINT USE. SEC. 120. SEVERABILITY. subparagraph (B), the Circuit Court shall Section 19 of the Act of December 22, 1974 Section 24 of the Act of December 22, 1974 conduct a review and file a decision regard- (25 U.S.C. 640d–18) is amended— (25 U.S.C. 640d–23) is amended by striking ing an appeal in accordance with paragraph (1) by striking ‘‘SEC. 19. (a) Notwith- ‘‘SEC. 24. If’’ and inserting the following: (2). standing’’ and inserting the following: ‘‘SEC. 20. SEVERABILITY. ‘‘(D) BINDING DECISION.—A decision made ‘‘SEC. 15. JOINT USE. ‘‘If’’. by the Circuit Court under this subsection SEC. 121. AUTHORIZATION OF APPROPRIATIONS. shall be final and binding on all parties.’’. ‘‘(a) REDUCTION OF LIVESTOCK.— ‘‘(1) IN GENERAL.—Notwithstanding’’; Section 25 of the Act of December 22, 1974 SEC. 112. PAYMENT FOR USE OF LAND. (25 U.S.C. 640d–24) is— Section 16 of the Act of December 22, 1974 (2) in subsection (a)(1) (as designated by (1) moved so as to appear at the end of the (25 U.S.C. 640d–15) is amended— paragraph (1))— (A) by striking ‘‘section 3 or 4’’ and insert- Act; and (1) by striking ‘‘SEC. 16. (a) The Navajo’’ ø ¿ (2) amended to read as follows: and inserting the following: ing ‘‘section 1 2’’; and (B) in the second sentence, by striking ‘‘SEC. 27. AUTHORIZATION OF APPROPRIATIONS. ‘‘SEC. 12. PAYMENT FOR USE OF LAND. ‘‘The Secretary is directed to’’ and inserting ‘‘(a) IN GENERAL.—The Navajo’’; ‘‘(a) RELOCATION OF HOUSEHOLDS AND MEM- the following: (2) in subsection (a), by striking ‘‘sections BERS.—There is authorized to be appro- ‘‘(2) CONSERVATION PRACTICES AND METH- 8 and 3 or 4’’ and inserting ‘‘sections ø1¿ 2 priated to carry out section 10(b) $13,000,000. ODS.—The Secretary shall’’; and 4’’; and ‘‘(b) RELOCATION OF HOUSEHOLDS AND MEM- (3) in subsection (b)— (3) in subsection (b)— BERS.—There are authorized to be appro- (A) by striking ‘‘(b) The’’ and inserting the (A) by striking ‘‘(b) The’’ and inserting the priated to carry out section 11 such sums as following: following: are necessary for each of fiscal years 2006 ‘‘(b) PAYMENT.—The’’; and ‘‘(b) SURVEY LOCATION OF MONUMENTS AND through 2008. (B) by striking ‘‘sections 8 and 3 or 4’’ and FENCING OF BOUNDARIES.—The’’; and ‘‘(c) RETURN TO CARRYING CAPACITY AND IN- inserting ‘‘sections ø1¿ 2 and 4’’. (B) by striking ‘‘sections 8 and 3 or 4’’ each STITUTION OF CONSERVATION PRACTICES.— ø ¿ SEC. 113. EFFECT OF ACT. place it appears and inserting ‘‘sections 1 2 There is authorized to be appropriated to Section 17 of the Act of December 22, 1974 and 4’’; and carry out section 15(a) $10,000,000. (25 U.S.C. 640d–16) is amended— (4) in subsection (c)— ‘‘(d) SURVEY LOCATION OF MONUMENTS AND FENCING OF BOUNDARIES.—There is author- (1) by striking ‘‘SEC. 17. (a)’’ and inserting (A) by striking ‘‘(c)(1) Surveying’’ and in- the following: serting the following: ized to be appropriated to carry out section 15(b) $500,000.’’. ‘‘SEC. 13. EFFECT OF ACT. ‘‘(c) SURVEYING, MONUMENTING, AND FENC- ‘‘(a) TITLE, POSSESSION, AND ENJOYMENT.— ING; LIVESTOCK REDUCTION PROGRAM.— SEC. 122. FUNDING AND CONSTRUCTION OF HIGH ’’; ‘‘(1) SURVEYING, MONUMENTING, AND FENC- SCHOOL AND MEDICAL CENTER. (2) in subsection (a)— ING.—Surveying’’; Section 27 of the Act of December 22, 1974 (A) in the first sentence, by striking (B) in paragraph (1)— (25 U.S.C. 640d–25) is amended by striking ‘‘Nothing’’ and inserting the following: (i) by striking ‘‘section 4’’ and inserting ‘‘SEC. 27.’’ and all that follows through ‘‘(c) ‘‘(1) IN GENERAL.—Nothing’’; and ‘‘section ø1¿ 2’’; and The Secretary’’ and inserting the following: (B) in the second sentence, by striking (ii) by striking ‘‘section 8’’ and inserting ‘‘SEC. 21. FUNDING AND CONSTRUCTION OF HIGH ‘‘Such’’ and inserting the following: ‘‘section 4’’; and SCHOOL AND MEDICAL CENTER. ‘‘(2) RESIDENCE ON OTHER RESERVATIONS.— (C) in paragraph (2), by striking ‘‘(2) The’’ ‘‘The Secretary’’. Any’’; and and inserting the following: SEC. 123. ENVIRONMENTAL IMPACT; WILDER- (3) in subsection (b), by striking ‘‘(b) Noth- ‘‘(2) LIVESTOCK REDUCTION PROGRAM.—The’’. NESS STUDY; CANCELLATION OF LEASES AND PERMITS. ing’’ and inserting the following: SEC. 116. RELIGIOUS CEREMONIES; PIPING OF ‘‘(b) FEDERAL EMPLOYEES.—Nothing’’. WATER. Section 28 of the Act of December 22, 1974 (25 U.S.C. 640d–26) is amended— SEC. 114. ACTIONS FOR ACCOUNTING, FAIR Section 20 of the Act of December 22, 1974 (1) by striking ‘‘SEC. 28. (a) No action’’ and VALUE OF GRAZING, AND CLAIMS (25 U.S.C. 640d–19) is amended by striking FOR DAMAGES TO LAND. inserting the following: ‘‘SEC. 20. The members’’ and inserting the Section 18 of the Act of December 22, 1974 following: ‘‘SEC. 22. ENVIRONMENTAL IMPACT; WILDERNESS (25 U.S.C. 640d–17) is amended— STUDY; CANCELLATION OF LEASES (1) by striking ‘‘SEC. 18. (a) Either’’ and in- ‘‘SEC. 16. RELIGIOUS CEREMONIAL USES; PIPING AND PERMITS. serting the following: OF WATER. ‘‘(a) IN GENERAL.—No action’’; ‘‘SEC. 14. ACTIONS FOR ACCOUNTING, FAIR ‘‘The members’’. (2) in subsection (b), by striking ‘‘(b) Any’’ VALUE OF GRAZING, AND CLAIMS SEC. 117. ACCESS TO RELIGIOUS SHRINES. and inserting the following: FOR DAMAGES TO LAND. ‘‘(b) EFFECT OF WILDERNESS STUDY.—Any’’; Section 21 of the Act of December 22, 1974 ‘‘(a) ACTIONS BY TRIBES.—Either’’; and (25 U.S.C. 640d–20) is amended by striking (2) in subsection (a), by striking ‘‘section 3 (3) by adding at the end the following: ‘‘SEC. 21. Notwithstanding’’ and inserting the or 4’’ and inserting ‘‘section ø1¿ 2’’; ‘‘(c) CONSTRUCTION REQUIREMENTS.— following: (3) in subsection (b)— ‘‘(1) IN GENERAL.—Any construction activ- (A) by striking ‘‘(b) Neither’’ and inserting ‘‘SEC. 17. ACCESS TO RELIGIOUS SHRINES. ity under this Act shall be carried out in ac- the following: ‘‘Notwithstanding’’. cordance with sections 3 through 7 of the Act

VerDate Aug 31 2005 03:52 May 03, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.034 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3923 of June 27, 1960 (16 U.S.C. 469a–1 through (6) in subsection (f)— shall not be payable in addition to the 469c). (A) by striking ‘‘(f) The’’ and inserting the amount of the severance pay to which that ‘‘(2) COMPLIANCE WITH OTHER REQUIRE- following: individual is entitled under section 5595. MENTS.—If a construction activity meets the ‘‘(f) TERMINATION.— ‘‘(c) PROHIBITION.—No amount shall be pay- requirements under paragraph (1), the activ- ‘‘(1) IN GENERAL.—The’’; and able under this section to any employee of ity shall be considered to be in accordance (B) in the second sentence, by striking ‘‘All the Office for any separation occurring after with any applicable requirement of— funds’’ and inserting the following: December 31, 2009.’’. ‘‘(A) Public Law 89–665 (80 Stat. 915); and ‘‘(2) TRANSFER OF REMAINING FUNDS.—All (b) CONFORMING AMENDMENT.—The chapter ‘‘(B) the Act of June 8, 1906 (34 Stat. 225, funds’’; and analysis for chapter 55 of title 5 is amended chapter 3060).’’. (7) in subsection (g)— by adding at the end the following: SEC. 124. ATTORNEY FEES AND COURT COSTS. (A) by striking ‘‘(g) There is hereby’’ and ‘‘5598. Separation pay for certain employees Section 29 of the Act of December 22, 1974 inserting the following: of the Office of Navajo and Hopi (25 U.S.C. 640d–27) is amended— ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— Indian Relocation’’. (1) by striking ‘‘SEC. 29. (a)’’ and inserting ‘‘(1) IN GENERAL.—There is’’; SEC. 203. FEDERAL RETIREMENT. (B) in the first sentence, by striking ‘‘1990, the following: (a) CIVIL SERVICE RETIREMENT SYSTEM.— 1991, 1992, 1993, 1994, and 1995’’ and inserting ‘‘SEC. 23. ATTORNEY FEES AND COURT COSTS. (1) IMMEDIATE RETIREMENT.—Section ‘‘2006 through 2008’’; and ‘‘(a) IN GENERAL.—’’; 8336(j)(1)(B) of title 5, United States Code, is (2) in subsection (a)— (C) in the second sentence, by striking amended by inserting ‘‘or was employed by (A) by striking ‘‘In any’’ and inserting the ‘‘The income’’ and inserting the following: the Office of Navajo and Hopi Indian Reloca- following: ‘‘(2) INCOME FROM LAND.—The income’’. tion during the period beginning on January ‘‘(1) IN GENERAL.—In any’’; and SEC. 127. AVAILABILITY OF FUNDS FOR RELOCA- 1, 1985, and ending on the date of separation (B) by striking ‘‘For each’’ and inserting TION ASSISTANCE. of that employee’’ before the final comma. the following: The second section designated as section 32 (2) COMPUTATION OF ANNUITY.—Section ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— of the Act of December 22, 1974 (25 U.S.C. 640– 8339(d) of title 5, United States Code, is For each’’; 31) is amended by striking ‘‘SEC. 32. Nothing’’ amended by adding at the end the following: (3) in subsection (b)— and inserting the following: ‘‘(8) The annuity of an employee of the Of- (A) by striking ‘‘(b) Upon’’ and inserting ‘‘SEC. 26. AVAILABILITY OF FUNDS FOR RELOCA- fice of Navajo and Hopi Indian Relocation the following: TION ASSISTANCE.’’. described in section 8336(j)(1)(B) shall be de- ‘‘(b) AWARD BY COURT.— ‘‘Nothing’’. termined under subsection (a), except that ‘‘(1) IN GENERAL.—On’’; and TITLE II—PERSONNEL OF THE OFFICE OF with respect to service of that employee on (B) in the second sentence, by striking NAVAJO AND HOPI INDIAN RELOCATION or after January 1, 1985, the annuity of that ‘‘Any party’’ and inserting the following: SEC. 201. RETENTION PREFERENCE. employee shall be in an amount equal to the EIMBURSEMENT OF UNITED STATES.— ‘‘(2) R The second sentence of section 3501(b) of sum of— Any party’’; title 5, United States Code, is amended— ‘‘(A) the product obtained by multiplying— (4) in subsection (c), by striking ‘‘(c) To’’ 1 (1) by striking ‘‘or’’ after ‘‘Senate’’ and in- ‘‘(i) 2 ⁄2 percent of the average pay of the and inserting the following: serting a comma; employee; and ‘‘(c) EXCESS DIFFERENCE.—To’’; and (2) by striking ‘‘or’’ after ‘‘Service’’ and in- ‘‘(ii) the quantity of service of the em- (5) in subsection (d)— serting a comma; and ployee on or after January 1, 1985, that does (A) by striking ‘‘(d) This’’ and inserting (3) by inserting ‘‘, or to an employee of the not exceed 10 years; and the following: Office of Navajo and Hopi Indian Relocation’’ ‘‘(B) the product obtained by multiplying— ‘‘(d) APPLICATION OF SECTION.—This’’; and before the period. ‘‘(i) 2 percent of the average pay of the em- (B) by striking ‘‘section 8 or 18(a) of this ployee; and SEC. 202. SEPARATION PAY. Act’’ and inserting ‘‘section 4 or section ‘‘(ii) the quantity of the service of the em- (a) IN GENERAL.—Chapter 55 of title 5, 14(a)’’. ployee on or after January 1, 1985, that ex- United States Code, is amended by adding at SEC. 125. LOBBYING. ceeds 10 years.’’. the end the following: Section 31 of the Act of December 22, 1974 (b) FEDERAL EMPLOYEES RETIREMENT SYS- (25 U.S.C. 640d–29) is amended— ‘‘§ 5598 Separation pay for certain employees TEM.— (1) by striking ‘‘SEC. 31. (a) Except’’ and in- of the Office of Navajo and Hopi Indian Re- (1) IMMEDIATE RETIREMENT.—Section 8412 of serting the following: location title 5, United States Code, is amended by ‘‘SEC. 24. LOBBYING. ‘‘(a) IN GENERAL.—Except as provided in adding at the end the following: ‘‘(a) IN GENERAL.—Except’’; and subsections (b) and (c), the Commissioner of ‘‘(i) An employee of the Office of Navajo (2) in subsection (b), by striking ‘‘(b) Sub- the Office of Navajo and Hopi Indian Reloca- and Hopi Indian Relocation is entitled to an section’’ and inserting the following: tion shall establish a program to offer sepa- annuity if that employee— ‘‘(b) APPLICABILITY.—Subsection’’. ration pay to employees of the Office of Nav- ‘‘(1) has been continuously employed in the SEC. 126. NAVAJO REHABILITATION TRUST FUND. ajo and Hopi Indian Relocation (referred to Office of Navajo and Hopi Indian Relocation The first section designated as section 32 of in this section as the ‘Office’) in the same during the period beginning on January 1, the Act of December 22, 1974 (25 U.S.C. 640d– manner as the Secretary of Defense offers 1985, and ending on the date of separation of 30) is amended— separation pay to employees of a defense that individual; and (1) by striking ‘‘SEC. 32. (a) There’’ and in- agency under section 5597. ‘‘(2)(A) has completed 25 years of service at serting the following: ‘‘(b) SEPARATION PAY.— any age; or ‘‘SEC. 25. NAVAJO REHABILITATION TRUST FUND. ‘‘(1) IN GENERAL.—Under the program es- ‘‘(B) has attained the age of 50 years and ‘‘(a) ESTABLISHMENT.—There’’; tablished under subsection (a), the Commis- has completed 20 years of service.’’. (2) in subsection (b), by striking ‘‘(b) All’’ sioner of the Office may offer separation pay (2) COMPUTATION OF BASIC ANNUITY.—Sec- and inserting the following: only to employees within an occupational tion 8415 of title 5, United States Code, is ‘‘(b) DEPOSIT OF INCOME INTO FUND.—All’’; group or at a pay level that minimizes the amended— (3) in subsection (c), by striking ‘‘(c) The’’ disruption of ongoing Office programs at the ø(1) by redesignating subsection (l) as sub- and inserting the following: time that the separation pay is offered. section (m); ‘‘(c) INVESTMENT OF FUNDS.—The’’; ‘‘(2) REQUIREMENT.—Any separation pay of- (2) by redesignating the second subsection (4) in subsection (d)— fered under this subsection— designated as subsection (k) as subsection (A) by striking ‘‘(d) Funds’’ and inserting ‘‘(A) shall be paid in a lump sum; (l); and the following: ‘‘(B) shall be in an amount equal to $25,000, (3) by adding at the end the following:¿ ‘‘(d) AVAILABILITY OF FUNDS.—Funds’’; if paid on or before December 31, 2007; (A) by redesignating subsection (l) as sub- (B) in paragraph (1), by striking ‘‘pro- ‘‘(C) shall be in an amount equal to $20,000, section (m); ceedings,’’ and inserting ‘‘proceedings;’’; and if paid after December 31, 2007, and before (B) by redesignating the second subsection (C) in paragraph (2), by striking ‘‘Act, or’’ January 1, 2009; designated as subsection (k) as subsection (l); and inserting ‘‘Act; or’’; ‘‘(D) shall be in an amount equal to $15,000, and (5) in subsection (e)— if paid after December 31, 2008, and before (C) by adding at the end the following: (A) by striking ‘‘(e) By December 1’’ and January 1, 2010; ‘‘(n) The annuity of an employee retiring inserting the following: ‘‘(E) shall not— under section 8412(i) shall be determined in ‘‘(e) EXPENDITURE OF FUNDS.— ‘‘(i) be a basis for payment; accordance with subsection (d), except that ‘‘(1) IN GENERAL.—Not later than December ‘‘(ii) be considered to be income for the with respect to service during the period be- 1’’; and purposes of computing any other type of ben- ginning on January 1, 1985, the annuity of (B) in the second sentence, by striking efit provided by the Federal Government; the employee shall be an amount equal to ‘‘Such framework is to be’’ and inserting the and the sum of— following: ‘‘(F) if an individual is otherwise entitled ‘‘(1) the product obtained by multiplying— ‘‘(2) REQUIREMENT.—The framework under to receive any severance pay under section ‘‘(A) 2 percent of the average pay of the paragraph (1) shall be’’; 5595 on the basis of any other separation, employee; and

VerDate Aug 31 2005 04:46 May 03, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.034 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3924 CONGRESSIONAL RECORD — SENATE May 2, 2006

‘‘(B) the quantity of the total service of AMENDMENT NO. 3858 Sec. 210. Separability. the employee that does not exceed 10 years; (Purpose: In the nature of a substitute) Sec. 211. Transition. and (The amendment is printed in today’s Sec. 212. Report. ‘‘(2) the product obtained by multiplying— Sec. 213. References. RECORD under ‘‘Text of Amendments.’’) ‘‘(A) 11⁄2 percent of the average pay of the Sec. 214. Additional conforming amendment. employee; and AMENDMENT NO. 3859 TO AMENDMENT NO. 388 Sec. 215. Effect of title. ‘‘(B) the quantity of the total service of (Purpose: To modify a provision relating to Sec. 216. Effective date. the employee that exceeds 10 years.’’. the authorization of appropriations) TITLE III—PERSONNEL OF THE OFFICE TITLE III—TRANSFER OF FUNCTIONS AND Strike section 121 of the amendment and OF NAVAJO AND HOPI RELOCATION SAVINGS PROVISIONS insert the following: Sec. 301. Separation pay. SEC. 301. DEFINITIONS. SEC. 121. AUTHORIZATION OF APPROPRIATIONS. Sec. 302. Federal retirement. In this title: Section 25 of the Act of December 22, 1974 SEC. 2. FINDINGS. (1) FEDERAL AGENCY.—The term ‘‘Federal (25 U.S.C. 640d–24), is— Congress finds that— agency’’ has the meaning given the term (1) moved so as to appear at the end of the (1) the Act of December 22, 1974 (25 U.S.C. ‘‘agency’’ in section 551(1) of title 5, United Act; and 640d et seq.) (commonly known as the ‘‘Nav- States Code. (2) amended to read as follows: ajo-Hopi Land Settlement Act of 1974’’) was (2) FUNCTION.—The term ‘‘function’’ means ‘‘SEC. 26. AUTHORIZATION OF APPROPRIATIONS. enacted to address the century-long land dis- any duty, obligation, power, authority, re- ‘‘There are authorized to be appropriated putes between the Navajo Tribe and the Hopi sponsibility, right, privilege, activity, or to carry out section 11 such sums as are nec- Tribe and to establish a relocation process to program. essary for each of fiscal years 2006 through remove, by December 31, 1986, Navajos and (3) OFFICE.—The term ‘‘Office’’ means the 2008.’’. Hopis from land allocated to the other tribe by requiring the filing of a relocation plan; Office of Navajo and Hopi Relocation (includ- The bill (S. 1003), as amended, was ing any component of that office). (2) the Office of Navajo and Hopi Reloca- read the third time and passed, as fol- SEC. 302. TRANSFER OF FUNCTIONS. tion was established in 1988 as a temporary Effective on the date of enactment of this lows: independent agency to implement a 1981 re- Act, there is transferred to the Secretary of S. 1003 location plan under that Act to relocate eli- gible families that lived on disputed land as the Interior any function of the Office that SECTION 1. SHORT TITLE; TABLE OF CONTENTS. of December 22, 1974; has not been carried out by the Office on the (a) SHORT TITLE.—This Act may be cited as (3) the relocation process has been plagued date of enactment of this Act, as determined the ‘‘Navajo-Hopi Land Settlement Amend- with controversy and delay, and Congress by the Secretary of the Interior in accord- ments of 2005’’. has had to amend the Act several times to ance with the Act of December 22, 1974 (25 (b) TABLE OF CONTENTS.—The table of con- authorize the expansion of original reloca- U.S.C. 640 et seq.) (as amended by title I). tents of this Act is as follows: tion activity and to provide additional ap- SEC. 303. TRANSFER AND ALLOCATIONS OF AP- Sec. 1. Short title; table of contents. PROPRIATIONS. propriations for the implementation of relo- Sec. 2. Findings. cation activities; (a) IN GENERAL.—Except as otherwise pro- Sec. 3. Effect of Act. vided in this Act and the amendments made (4) the Office of Navajo and Hopi Indian Re- by this Act, any asset, liability, contract, TITLE I—AMENDMENTS TO THE ACT OF location has reviewed over 4,600 applications, property, record, or unexpended balance of DECEMBER 22, 1974 considered numerous appeals, provided relo- appropriations, authorizations, allocations, Sec. 101. Repeal of sections. cation homes for over 3,600 families; and other funds made available to carry out Sec. 102. Short title; definitions. (5) the Office of Navajo and Hopi Indian Re- the functions transferred by this title shall Sec. 103. Joint ownership of minerals. location has provided financial assistance be transferred to the Secretary of the Inte- Sec. 104. Actions. and technical support to the Navajo Tribe rior, subject to section 1531 of title 31, United Sec. 105. Paiute Indian allotments. and the Hopi Tribe to address the impacts of States Code. Sec. 106. Partitioned and other designated relocation, including the operation of live- stock grazing programs and resources to as- (b) USE OF FUNDS.—Any unexpended funds land. transferred under subsection (a) shall be used Sec. 107. Resettlement land for Navajo sist in the resettlement of individuals; only for the purposes for which the funds Tribe. (6) individual Navajos and Hopis have had were originally authorized and appropriated. Sec. 108. Office of Navajo and Hopi Indian over 20 years during which to apply for and receive relocation benefits or to appeal a SEC. 304. EFFECT OF TITLE. Relocation. Sec. 109. Report. finding of ineligibility through the Office of (a) CONTINUING EFFECT OF LEGAL DOCU- Sec. 110. Relocation of households and mem- Navajo and Hopi Relocation and in Federal MENTS.—Any legal document relating to a district court; and function transferred by this title that is in bers. Sec. 111. Relocation housing. (7) the Office of Navajo and Hopi Reloca- effect on the date of enactment of this Act tion has had sufficient time in which to no- shall continue in effect in accordance with Sec. 112. Payment for use of land. Sec. 113. Effect of Act. tify potential eligible applicants of the op- the terms of the document until the docu- portunity to receive relocation benefits, to ment is modified or terminated by— Sec. 114. Actions for accounting, fair value of grazing, and claims for dam- certify that specific individuals qualify for (1) the President; such benefits, and to provide eligible individ- (2) the Secretary of the Interior; ages to land. Sec. 115. Joint use. uals with replacement housing, counseling, (3) a court of competent jurisdiction; or and other assistance to adapt to relocation (4) operation of Federal or State law. Sec. 116. Religious ceremonies; piping of water. on Indian land or within non-Indian commu- (b) PROCEEDINGS NOT AFFECTED.—This title nities. shall not affect any proceeding (including a Sec. 117. Access to religious shrines. SEC. 3. EFFECT OF ACT. notice of proposed rulemaking, an adminis- Sec. 118. Exclusion of Payments from cer- Nothing in this Act, or an amendment trative proceeding, and an application for a tain Federal determinations of made by this Act— license, permit, certificate, or financial as- income. (1) limits or otherwise affects any deter- sistance) relating to a function transferred Sec. 119. Authorization of exchange. mination of a court, including a determina- under this title that is pending before the Of- Sec. 120. Severability. tion relating to an action pending as of the fice of Navajo and Hopi Relocation on the Sec. 121. Authorization of appropriations. date of enactment of this Act, relating to a date of enactment of this Act. Sec. 122. Discretionary fund. Sec. 123. Attorney fees and court costs. dispute of the Navajo Indian tribe or the Mr. ENSIGN. Mr. President, I ask Sec. 124. Lobbying. Hopi Indian tribe with respect to— unanimous consent that the com- Sec. 125. Navajo Rehabilitation Trust Fund. (A) land; or mittee-reported amendments be agreed Sec. 126. Availability of Funds for relocation (B) any settlement agreement; or to, the McCain amendments at the assistance. (2) authorizes any cause of action not in desk be agreed to, the bill, as amended, TITLE II—TRANSFER OF FUNCTIONS AND existence on the day before the date of en- be read a third time and passed, the SAVINGS PROVISIONS actment of this Act. motion to reconsider be laid upon the Sec. 201. Definitions. TITLE I—AMENDMENTS TO THE ACT OF table and that any statements related Sec. 202. Transfer of functions. DECEMBER 22, 1974 to the bill be printed in the RECORD. Sec. 203. Personnel provisions. SEC. 101. REPEAL OF SECTIONS. The PRESIDING OFFICER. Without Sec. 204. Delegation and assignment. (a) IN GENERAL.—The Act of December 22, objection, it is so ordered. Sec. 205. Reorganization. 1974 (25 U.S.C. 640d et seq.), is amended in the Sec. 206. Rules. first undesignated section by striking ‘‘That, The committee-reported amendments Sec. 207. Transfer and allocations of appro- (a) within’’ and all that follows through the were agreed to. priations and personnel. end of the section. The amendments (Nos. 3858 and 3859) Sec. 208. Incidental transfers. (b) ADDITIONAL REPEALS.—Sections 2 were agreed to, as follows: Sec. 209. Effect on personnel. through 5 and sections 26, 28, and 30 of the

VerDate Aug 31 2005 03:52 May 03, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.034 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3925 Act of December 22, 1974 (25 U.S.C. 640d–1 ‘‘SEC. 6. PARTITIONED AND OTHER DESIGNATED (C) in the third sentence, by striking ‘‘If through 640d–4; 88 Stat. 1723; 25 U.S.C. 640d– LAND. such adjudication’’ and inserting the fol- 26, 640d–28), are repealed. ‘‘(a) NAVAJO TRUST LAND.—Subject’’; lowing: SEC. 102. SHORT TITLE; DEFINITIONS. (2) in subsection (a), by striking ‘‘section 9 ‘‘(ii) ISSUANCE OF LEASES.—If an adjudica- Section 6 of the Act of December 22, 1974 and subsection (a) of section 17’’ and insert- tion under clause (i)’’; (25 U.S.C. 640d–5), is amended by striking ing ‘‘sections 5 and 13(a)’’; (D) in the fourth sentence, by striking (3) in subsection (b)— ‘‘SEC. 6. The Mediator’’ and all that follows ‘‘The leaseholders rights and interests’’ and through the end of the section and inserting (A) by striking ‘‘(b) Subject’’ and inserting inserting the following: the following: the following: ‘‘(iii) RIGHTS AND INTERESTS OF LEASE- ‘‘(b) HOPI TRUST LAND.—Subject’’; ‘‘SECTION 1. SHORT TITLE. HOLDERS.—The rights and interests of a hold- (B) by striking ‘‘section 9 and subsection er of a lease described in clause (i)’’; and ‘‘This Act may be cited as the ‘Navajo- (a) of section 17’’ and inserting ‘‘sections 5 Hopi Land Settlement Act’. (E) in the fifth sentence, by striking ‘‘If and 13(a)’’; any’’ and inserting the following: ‘‘SEC. 2. DEFINITIONS. (C) by inserting ‘‘(as in effect on the day ‘‘(C) CLAIMS UNDER MINING LAW.—If any’’; ‘‘In this Act: before the date of enactment of the Navajo- (6) by inserting after paragraph (1)(B) (as ‘‘(1) DISTRICT COURT.—The term ‘District Hopi Land Settlement Amendments of 2005)’’ redesignated by paragraph (4)) the following: Court’ means the United States District after ‘‘section 3 or 4’’; and ‘‘(2) EXCHANGE OF LAND.— Court for the District of Arizona. (D) by striking ‘‘section 8’’ and inserting ‘‘(A) IN GENERAL.—In order to facilitate a ‘‘(2) SECRETARY.—The term ‘Secretary’ ‘‘section 4’’; transfer of land under paragraph (1)(A), the means the Secretary of the Interior. (4) in subsection (c)— Secretary may exchange land described in ‘‘(3) TRIBE.—The term ‘Tribe’ means— (A) by striking ‘‘(c) The’’ and inserting the paragraph (1)(A) for State or private land of ‘‘(A) the Navajo Indian Tribe; and following: equal value. ‘‘(B) the Hopi Indian Tribe.’’. ‘‘(c) PROTECTION OF RIGHTS AND PROP- ‘‘(B) UNEQUAL VALUE.—If the State or pri- SEC. 103. JOINT OWNERSHIP OF MINERALS. ERTY.—The’’; and vate land described in subparagraph (A) is of Section 7 of the Act of December 22, 1974 (B) by striking ‘‘pursuant thereto’’ and all unequal value to the land described in para- (25 U.S.C. 640d–6), is amended— that follows through the end of the sub- graph (1)(A), the recipient of the land that is (1) by striking ‘‘SEC. 7. Partition’’ and in- section and inserting ‘‘pursuant to this Act’’; of greater value shall pay to the other party serting the following: (5) in subsection (d), by striking ‘‘(d) With’’ to the exchange under subparagraph (A) ‘‘SEC. 3. JOINT OWNERSHIP OF MINERALS. and inserting the following: compensation in an amount not to exceed ‘‘(d) PROTECTION OF BENEFITS AND SERV- ‘‘(a) IN GENERAL.—Partition’’; and the lesser of— ICES.—With’’; and (2) in the second sentence, by striking ‘‘(i) the difference between the values of (6) in subsection (e)— ‘‘All’’ and inserting the following: the land exchanged; or (A) by striking ‘‘(e)(1) Lands’’ and insert- ‘‘(b) JOINT MANAGEMENT.—All’’. ‘‘(ii) the amount that is 25 percent of the ing the following: SEC. 104. ACTIONS. total value of the land transferred from the ‘‘(e) TRIBAL JURISDICTION OVER PARTI- Section 8 of the Act of December 22, 1974 Secretary to the Navajo Tribe. TIONED LAND.— (25 U.S.C. 640d–7), is amended— ‘‘(C) RESPONSIBILITY OF SECRETARY.—The ‘‘(1) IN GENERAL.—Land’’; (1) by striking ‘‘SEC. 8. (a) Either Tribe’’ (B) by adjusting the margins of subpara- Secretary shall make reasonable efforts to and inserting the following: graphs (A) and (B) of paragraph (1) appro- reduce any payment under subparagraph (B) ‘‘SEC. 4. ACTIONS. priately; and to the lowest practicable amount. ‘‘(a) ACTIONS IN DISTRICT COURT.—Either (C) in the matter following subparagraph ‘‘(3) TITLE TO LAND ACCEPTED.—The Sec- Tribe’’; (B)— retary shall accept title to land under sub- (2) in subsection (b)— (i) by striking ‘‘The provisions’’ and insert- paragraphs (A) and (B) of paragraph (1) on (A) in the first sentence, by striking ‘‘(b) ing the following: behalf of the United States in trust for the Lands, if any,’’ and inserting the following: benefit of the Navajo Tribe as a part of the ‘‘(2) RESPONSIBILITY OF SECRETARY.—The ‘‘(b) ALLOCATION OF LAND.— provisions’’; and Navajo reservation.’’; and ‘‘(1) NAVAJO RESERVATION.—Any land’’; (ii) by striking ‘‘life tenants and’’. (7) in the second paragraph designated as (B) in the second sentence, by striking paragraph (2)— SEC. 107. RESETTLEMENT LAND FOR NAVAJO ‘‘Lands, if any,’’ and inserting the following: TRIBE. (A) in the first sentence— ‘‘(2) HOPI RESERVATION.—Any land’’; and (a) IN GENERAL.—Section 11(a) of the Act of (i) by striking ‘‘(2) Those’’ and inserting (C) in the third sentence, by striking ‘‘Any December 22, 1974 (25 U.S.C. 640d–10(a)), is the following: lands’’ and inserting the following: amended— ‘‘(5) STATE RIGHTS.— ‘‘(3) JOINT AND UNDIVIDED INTERESTS.—Any (1) by striking ‘‘SEC. 11. (a) The Secretary’’ ‘‘(A) IN GENERAL.—The’’; and land’’; and inserting the following: (ii) by striking ‘‘subsection 2 of this sec- (3) in subsection (c)— ‘‘SEC. 7. RESETTLEMENT LAND FOR NAVAJO tion’’ and inserting ‘‘paragraph (1)(B)’’; and (A) by striking ‘‘(c)(1) Either’’ and insert- TRIBE. (B) in the second sentence, by striking ing the following: ‘‘(a) TRANSFER OF LAND.— ‘‘The’’ and inserting the following: ‘‘(c) EXCHANGE OF LAND.— ‘‘(1) IN GENERAL.—The Secretary’’; ‘‘(B) STATE INTERESTS.—The’’. ‘‘(1) IN GENERAL.—Either’’; (2) by striking ‘‘(1) transfer not to exceed (b) PROXIMITY OF LAND; EXCHANGES OF (B) in paragraph (2), by striking ‘‘(2) In the two hundred and fifty thousand acres of LAND.—Section 11(b) of the Act of December event’’ and inserting the following: lands’’ and inserting the following: 22, 1974 (25 U.S.C. 640d–10(b)), is amended by ‘‘(2) INTERESTS OF TRIBES.—If’’; ‘‘(A) transfer not more than 250,000 acres of striking ‘‘(b) A border’’ and inserting the fol- (C) in paragraph (3), by striking ‘‘(3) Nei- land (including any acres previously trans- lowing: ther’’ and inserting the following: ferred under this Act)’’; ‘‘(b) PROXIMITY OF LAND TO BE TRANS- ‘‘(3) DEFENSE.—Neither’’; and (3) by striking ‘‘Tribe: Provided, That’’ and FERRED OR ACQUIRED.—A border’’. (c) SELECTION OF LAND.—Section 11(c) of (D) by striking ‘‘section 18’’ each place it all that follows through ‘‘as possible.’’ and the Act of December 22, 1974 (25 U.S.C. 640d– appears and inserting ‘‘section 14’’; inserting ‘‘Tribe; and’’; 10(c)), is amended— (4) in subsection (d), by striking ‘‘(d) Noth- (4) in the first paragraph designated as (1) by striking ‘‘(c) Lands’’ and inserting ing’’ and inserting the following: paragraph (2)— the following: ‘‘(d) EFFECT OF SECTION.—Nothing’’; (A) by striking ‘‘(2) on behalf’’ and insert- ‘‘(c) SELECTION OF LAND TO BE TRANS- (5) in subsection (e), by striking ‘‘(e) The’’ ing the following: FERRED OR ACQUIRED.—Land’’; and and inserting the following: ‘‘(B) on behalf’’; and ‘‘(e) PAYMENT OF LEGAL FEES, COURT (2) by striking the period at the end and in- (B) by striking the second sentence; serting the following: ‘‘: Provided further, COSTS, AND OTHER EXPENSES.—The’’; and (5) in the matter following paragraph (1)(B) (6) by striking subsection (f). That the authority of the Commissioner to (as redesignated by paragraph (4))— select lands under this subsection shall ter- SEC. 105. PAIUTE INDIAN ALLOTMENTS. (A) in the first sentence— Section 9 of the Act of December 22, 1974 minate on September 30, 2008.’’. (i) by striking ‘‘Subject to’’ and all that (d) REPORTS.—Section 11(d) of the Act of (25 U.S.C. 640d–8), is amended by striking follows through ‘‘all rights’’ and inserting December 22, 1974 (25 U.S.C. 640d–10(d)), is ‘‘SEC. 9. Notwithstanding’’ and inserting the the following: amended by striking ‘‘(d) The’’ and inserting following: ‘‘(4) REQUIREMENTS OF TRANSFER.— the following: ‘‘SEC. 5. PAIUTE INDIAN ALLOTMENTS. ‘‘(A) IN GENERAL.—Subject to this para- ‘‘(d) REPORTS.—The’’. ‘‘Notwithstanding’’. graph, all rights’’; and (e) PAYMENTS.—Section 11(e) of the Act of SEC. 106. PARTITIONED AND OTHER DESIGNATED (ii) by striking ‘‘paragraph (1)’’ and insert- December 22, 1974 (25 U.S.C. 640d–10(e)), is LAND. ing ‘‘paragraph (1)(A)’’; amended by striking ‘‘(e) Payments’’ and in- Section 10 of the Act of December 22, 1974 (B) in the second sentence, by striking ‘‘So serting the following: (25 U.S.C. 640d–9), is amended— long as’’ and inserting the following: ‘‘(e) PAYMENTS.—Payments’’. (1) by striking ‘‘SEC. 10. (a) Subject’’ and ‘‘(B) COAL LEASE APPLICATIONS.— (f) ACQUISITION OF TITLE TO SURFACE AND inserting the following: ‘‘(i) IN GENERAL.—If’’; SUBSURFACE INTERESTS.—Section 11(f) of the

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Act of December 22, 1974 (25 U.S.C. 640d–10(f)), ‘‘(2) CONTRACTS.—The’’; and ‘‘(2) SETTLEMENTS OF NAVAJO.—No fur- is amended— (D) in paragraph (3), by striking ‘‘(3) ther’’; (1) by striking ‘‘(f)(1) For’’ and inserting There’’ and inserting the following: (D) in the fourth sentence, by striking ‘‘No the following: ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— further’’ and inserting the following: ‘‘(f) ACQUISITION OF TITLE TO SURFACE AND There’’; ‘‘(3) SETTLEMENTS OF HOPI.—No further’’; SUBSURFACE INTERESTS.— (5) in subsection (e)— and ‘‘(1) IN GENERAL.—For’’; (A) by striking ‘‘(e)(1)’’ and inserting the (E) in the fifth sentence, by striking ‘‘No (2) in paragraph (2), by striking ‘‘(2) If’’ and following: individual’’ and inserting the following: inserting the following: ‘‘(e) ADMINISTRATION.— ‘‘(4) GRAZING.—No individual’’; ‘‘(2) PUBLIC NOTICE; REPORT.—If’’; and ‘‘(1) ADMINISTRATIVE, FISCAL, AND HOUSE- (3) in subsection (b)— (3) in paragraph (3), by striking ‘‘(3) In any KEEPING SERVICES.—’’; (A) by striking ‘‘(b) In addition’’ and in- case where’’ and inserting the following: (B) in paragraph (1)— serting the following: ‘‘(3) RIGHTS OF SUBSURFACE OWNERS.—If’’. (i) in the first sentence, by striking ‘‘The’’ ‘‘(b) ADDITIONAL PAYMENTS TO HEADS OF (g) LAND NOT AVAILABLE FOR TRANSFER.— and inserting the following: HOUSEHOLDS.—In addition’’; Section 11(g) of the Act of December 22, 1974 ‘‘(A) IN GENERAL.—The’’; and (B) by striking ‘‘section 15’’ and inserting (25 U.S.C. 640d–10(g)), is amended by striking (ii) in the second sentence, by striking ‘‘In ‘‘section 11’’; and ‘‘(g) No’’ and inserting the following: any’’ and inserting the following: (C) by striking ‘‘section 13’’ and inserting ‘‘(g) LAND NOT AVAILABLE FOR TRANSFER.— ‘‘(B) ASSISTANCE FROM DEPARTMENTS AND ‘‘section 9’’; No’’. AGENCIES.—In any’’; and (4) in subsection (c), by striking ‘‘(c) No’’ (h) ADMINISTRATION OF LAND TRANSFERRED (C) in paragraph (2), by striking ‘‘(2) On’’ and inserting the following: OR ACQUIRED.—Section 11(h) of the Act of De- and inserting the following: ‘‘(c) PAYMENTS FOR PERSONS MOVING AFTER cember 22, 1974 (25 U.S.C. 640d–10(h)), is ‘‘(2) FAILURE TO PROVIDE ASSISTANCE.—On’’; A CERTAIN DATE.—No’’; and amended— (6) by striking subsection (f) and inserting (5) by adding at the end the following: (1) by striking ‘‘(h) The lands’’ and insert- the following: ‘‘(d) PROHIBITION.—No payment for benefits ing the following: ‘‘(f) TERMINATION.— under this Act may be made to any head of ‘‘(h) ADMINISTRATION OF LAND TRANS- ‘‘(1) IN GENERAL.—The Office of Navajo and a household if, as of September 30, 2008, that FERRED OR ACQUIRED.— Hopi Indian Relocation shall terminate on head of household has not been certified as ‘‘(1) IN GENERAL.—The land’’; and September 30, 2008. eligible to receive the payment.’’. (2) by adding at the end the following: ‘‘(2) TRANSFER OF OFFICE DUTIES.—On the SEC. 111. RELOCATION HOUSING. ‘‘(2) RELOCATION.— date of termination of the Office, any duty of Section 15 of the Act of December 22, 1974 ‘‘(A) IN GENERAL.—In order to facilitate re- the Office that has not been carried out, as (25 U.S.C. 640d–14), is amended— location of a member of a Tribe, the Com- determined in accordance with this Act, (1) by striking ‘‘SEC. 15. (a)’’ and inserting missioner may grant a homesite lease on shall be transferred to the Secretary in ac- the following: land acquired under this section to a member cordance with title II of the Navajo-Hopi of the extended family of a Navajo Indian Land Settlement Amendments of 2005.’’; and ‘‘SEC. 11. RELOCATION HOUSING. who is certified as eligible to receive benefits (7) by adding at the end the following: ‘‘(a) PURCHASE OF HABITATION AND IM- under this Act. ‘‘(g) EASE OF TRANSITION.—Beginning on PROVEMENTS.—’’; ‘‘(B) EXCEPTION.—The Commissioner may the date of enactment of the Navajo-Hopi (2) in subsection (a)— not use any funds available to the Commis- Land Settlement Amendments of 2005, the (A) in the first sentence, by striking ‘‘The sioner to carry out this Act to provide hous- Secretary may— Commission’’ and inserting the following: ing to an extended family member described ‘‘(1) consult with the Commissioner regard- ‘‘(1) IN GENERAL.—The Commission’’; and in subparagraph (A).’’. ing the transfer of the responsibilities of the (B) in the second sentence— (i) NEGOTIATIONS REGARDING LAND EX- Office of Navajo and Hopi Indian Relocation (i) by striking ‘‘The purchase’’ and insert- CHANGES AND LEASES.—Section 11(i) of the to the Department of the Interior; and ing the following: Act of December 22, 1974 (25 U.S.C. 640d–10(i)), ‘‘(2) take any action the Secretary deter- ‘‘(2) PURCHASE PRICE.—The purchase’’; and is amended— mines to be necessary to assume the respon- (ii) by striking ‘‘as determined under (1) by striking ‘‘(i) The’’ and inserting the sibilities of the Office on September 30, clause (2) of subsection (b) of section 13’’; following: 2008.’’. (3) in subsection (b)— ‘‘(i) NEGOTIATIONS REGARDING LAND EX- SEC. 109. REPORT. (A) by striking ‘‘(b) In addition’’ and in- CHANGES AND LEASES.—The’’; and Section 13 of the Act of December 22, 1974 serting the following: (2) by striking ‘‘section 23’’ and inserting (25 U.S.C. 640d–12), is amended— ‘‘(b) REIMBURSEMENT FOR MOVING EXPENSES ‘‘section 19’’. (1) by striking ‘‘SEC. 13. (a) By no’’ and in- AND PAYMENT FOR REPLACEMENT DWELLING.— SEC. 108. OFFICE OF NAVAJO AND HOPI INDIAN serting the following: In addition’’; RELOCATION. ‘‘SEC. 9. REPORT. (B) by striking ‘‘shall:’’ and inserting Section 12 of the Act of December 22, 1974 ‘‘(a) IN GENERAL.—Not’’; and ‘‘shall—’’; and (25 U.S.C. 640d–11), is amended— (2) in subsection (b)— (C) in paragraph (1), by inserting ‘‘and’’ (1) by striking ‘‘SEC. 12. (a) There is here- (A) by striking ‘‘(b) The’’ and inserting the after the semicolon at the end; by’’ and inserting the following: following: (4) in subsection (c)— ‘‘SEC. 8. OFFICE OF NAVAJO AND HOPI INDIAN ‘‘(b) INCLUSIONS.—The’’; and (A) by striking ‘‘(c) In implementing’’ and RELOCATION. (B) by striking ‘‘contain, among other inserting the following: ‘‘(a) ESTABLISHMENT.—There is’’; matters, the following:’’ and inserting ‘‘in- ‘‘(c) STANDARDS; CERTAIN PAYMENTS.— (2) in subsection (b), by striking ‘‘(b) The’’ clude—’’. ‘‘(1) STANDARDS.—In carrying out’’; and and inserting the following: SEC. 110. RELOCATION OF HOUSEHOLDS AND (B) in the second sentence— ‘‘(b) APPOINTMENT.—The’’; MEMBERS. (i) by striking ‘‘No payment’’ and inserting (3) in subsection (c)— Section 14 of the Act of December 22, 1974 the following: (A) by striking ‘‘(c)(1)(A) Except’’ and in- (25 U.S.C. 640d–13), is amended— ‘‘(2) CERTAIN PAYMENTS.—No payment’’; serting the following: (1) by striking ‘‘SEC. 14. (a)’’ and inserting and ‘‘(c) CONTINUATION OF POWERS.— the following: (ii) by inserting ‘‘(as in effect on the day ‘‘(1) POWERS AND DUTIES OF COMMISSIONER; ‘‘SEC. 10. RELOCATION OF HOUSEHOLDS AND before the date of enactment of the Navajo- EXISTING FUNDS.— MEMBERS. Hopi Land Settlement Amendments of 2005)’’ ‘‘(A) POWERS AND DUTIES OF COMMIS- ‘‘(a) AUTHORIZATION.—’’; after ‘‘section 8 or section 3 or 4’’; SIONER.—Except’’; (2) in subsection (a)— (5) in subsection (d)— (B) in paragraph (1)(B), by striking ‘‘(B) (A) in the first sentence— (A) by striking ‘‘(d) The’’ and inserting the All’’ and inserting the following: (i) by striking ‘‘Consistent’’ and inserting following: ‘‘(B) EXISTING FUNDS.—All’’; and the following: ‘‘(d) METHODS OF PAYMENT.—The’’; (C) in paragraph (2), by striking ‘‘(2) There ‘‘(1) IN GENERAL.—Consistent’’; (B) by striking ‘‘(1) Should’’ and inserting are hereby’’ and inserting the following: (ii) by striking ‘‘section 8’’ each place it the following: ‘‘(2) TRANSFER OF POWERS.—There are’’; appears and inserting ‘‘section 4’’; ‘‘(1) HOME OWNERSHIP OPPORTUNITY (4) in subsection (d)— (iii) by inserting ‘‘(as in effect on the day PROJECTS.—Should’’; (A) by striking ‘‘(d)(1) Subject’’ and insert- before the date of enactment of the Navajo- (C) by striking ‘‘(2) Should’’ and inserting ing the following: Hopi Land Settlement Amendments of 2005)’’ the following: ‘‘(d) POWERS OF COMMISSIONER.— after ‘‘section 3 or 4’’; and ‘‘(2) PURCHASED AND CONSTRUCTED DWELL- ‘‘(1) IN GENERAL.—Subject’’; (iv) by inserting ‘‘, or, after September 30, INGS.—Should’’; and (B) by adjusting the margins of subpara- 2008, the Attorney General,’’ after ‘‘the Com- (D) by striking ‘‘(3) Should’’ and inserting graphs (A) and (B) of paragraph (1) appro- missioner’’; the following: priately; (B) by striking the second sentence; ‘‘(3) FAILURE TO ARRANGE RELOCATION.— (C) in paragraph (2), by striking ‘‘(2) The’’ (C) in the third sentence, by striking ‘‘No Should’’; and inserting the following: further’’ and inserting the following: (6) in subsection (e)—

VerDate Aug 31 2005 03:52 May 03, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.041 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3927 (A) by striking ‘‘(e) The’’ and inserting the transfer to the Secretary an appropriate per- enter into such contracts or agreements to following: centage, as determined by the Commis- procure such services, and employ such per- ‘‘(e) DISPOSAL OF ACQUIRED DWELLINGS AND sioner, of the funds not used by the Commis- sonnel (including attorneys), as the Commis- IMPROVEMENTS.—The’’; sioner to make payments under this Act to sioner determines to be necessary. (B) by striking ‘‘section 8’’ and inserting eligible heads of households. ‘‘(2) DETAIL OF ADMINISTRATIVE LAW JUDGES ‘‘section 4’’; and ‘‘(B) DISPOSITION OF TRANSFERRED FUNDS.— OR HEARING OFFICERS.—The Commissioner (C) by inserting ‘‘(as in effect on the day ‘‘(i) IN GENERAL.—The Secretary shall hold may request the Secretary to act through before the date of enactment of the Navajo- any funds transferred under subparagraph the Director of the Office of Hearings and Hopi Land Settlement Amendments of 2005)’’ (A) for any individual the status of whom Appeals to make available to the Office of after ‘‘section 3 or 4’’; under this Act is the subject of a dispute Navajo and Hopi Indian Relocation an ad- (7) in subsection (f), by striking ‘‘(f) Not- with the Commissioner. ministrative law judge or other hearing offi- withstanding’’ and inserting the following: ‘‘(ii) DISTRIBUTIONS TO HEADS OF HOUSE- cer with appropriate qualifications, as deter- ‘‘(f) PREFERENTIAL TREATMENT.—Notwith- HOLDS.—If an individual described in clause mined by the Commissioner. standing’’; and (i) is identified by the Commissioner as a ‘‘(k) APPEAL TO UNITED STATES CIRCUIT (8) by striking subsection (g) and inserting head of household described in paragraph (1), COURT OF APPEALS.— the following: the Secretary shall distribute funds trans- ‘‘(1) IN GENERAL.—Subject to paragraph (3), ‘‘(g) BENEFITS.— ferred under subparagraph (A) to the indi- any individual who, under the procedures es- ‘‘(1) IN GENERAL.—Not later than Sep- vidual in accordance with paragraph (3). tablished by the Commissioner pursuant to tember 30, 2008, the Commissioner shall no- ‘‘(h) NOTIFICATION.— this section, is determined not to be eligible tify the Secretary and each Tribe of the ‘‘(1) IN GENERAL.—To the extent not al- to receive benefits under this Act may ap- identity of any head of household member of ready provided, not later than 180 days after peal that determination to the United States the Tribe that, as of that date— the date of enactment of the Navajo-Hopi Circuit Court of Appeals for the Ninth Cir- ‘‘(A) is certified as eligible to receive bene- Land Settlement Amendments of 2005, the cuit (referred to in this subsection as the fits under this Act; Commissioner shall notify each eligible head ‘Circuit Court’). ‘‘(B) does not reside on land that has been of household who has not entered into a ‘‘(2) REVIEW.— partitioned to the Tribe; and lease with the Hopi Tribe to reside on land ‘‘(A) IN GENERAL.—The Circuit Court shall, ‘‘(C) has not received a replacement home. partitioned to the Hopi Tribe, in accordance with respect to each appeal described in ‘‘(2) TRANSFER OF FUNDS.—Not later than with section 700.138 of title 25, Code of Fed- paragraph (1)— September 30, 2008, and except as provided in eral Regulations (or a successor regulation). ‘‘(i) review the entire record (as certified paragraph (4), the Commissioner shall— ‘‘(2) LIST.—On the date on which a notice to the Circuit Court under paragraph (3)) on ‘‘(A) transfer to the Secretary any funds period referred to in section 700.139 of title which a determination of the ineligibility of not used by the Commissioner to make pay- 25, Code of Federal Regulations (or a suc- the appellant to receive benefits under this ments under this Act to eligible heads of cessor regulation), expires, the Commis- Act was based; and households; and sioner shall submit to the Secretary and the ‘‘(ii) on the basis of that review, affirm or ‘‘(B) provide a notice to each Tribe regard- United States Attorney for the District of reverse that determination. ing the amount of the funds transferred Arizona a list containing the name and ad- ‘‘(B) STANDARD OF REVIEW.—The Circuit under subparagraph (B). dress of each eligible head of household Court shall affirm any determination that ‘‘(3) DISPOSITION OF TRANSFERRED FUNDS.— who— the Circuit Court determines to be supported ‘‘(A) IN GENERAL.—The Secretary shall hold ‘‘(A) continues to reside on land that has by substantial evidence. any funds transferred under paragraph (2) for not been partitioned to the Tribe of the head ‘‘(3) NOTICE OF APPEAL.— the heads of households described in para- of household; and ‘‘(A) IN GENERAL.—To the extent not al- graph (1)(A) until the date on which a re- ‘‘(B) has not entered into a lease to reside ready provided by this Act or other applica- quest for the funds, or a portion of the funds, on that land. ble Federal law, not later than 30 days after is submitted to the Secretary by— ‘‘(3) CONSTRUCTION OF REPLACEMENT a determination of ineligibility under para- ‘‘(i) an eligible head of household; or HOMES.—Before July 1, 2008, but not later graph (1), an affected individual shall file a ‘‘(ii) the Tribe, acting with the consent of than 90 days after receiving a notice of the notice of appeal with— such a head of household. imminent removal of a relocatee from land ‘‘(i) the Circuit Court; and ‘‘(B) PAYMENT AMOUNTS.—Of the funds held provided to the Navajo Tribe or the Hopi ‘‘(ii) the Commissioner. under subparagraph (A), the Secretary shall Tribe under this Act, the Commissioner ‘‘(B) CERTIFICATION OF RECORD.—On receipt make payments to the Tribe or heads of shall— of a notice under subparagraph (A)(ii), the households described in paragraph (1)(A) in ‘‘(A) make an eligibility determination Commissioner shall submit to the Circuit amounts that would have been made to the with respect to the relocatee in accordance Court the certified record on which the de- heads of households under this Act before with any appropriate policy or procedure; termination that is the subject of the appeal September 30, 2008— and was made. ‘‘(i) on receipt of a request of a head of ‘‘(B) on a determination under subpara- ‘‘(C) REVIEW PERIOD.—Not later than 60 household, to be used for a replacement graph (A) that the relocatee is eligible for re- days after receiving a certified record under home; or location— subparagraph (B), the Circuit Court shall ‘‘(ii) on the date of death of the head of ‘‘(i) begin construction of a replacement conduct a review and file a decision regard- household, if the head of household does not home on any land acquired under section 6; ing an appeal in accordance with paragraph make a request under clause (i), in accord- or (2). ance with subparagraph (C). ‘‘(ii) establish a fund for the benefit of the ‘‘(D) BINDING DECISION.—A decision made ‘‘(C) DISTRIBUTION OF FUNDS ON DEATH OF relocatee, to be administered in accordance by the Circuit Court under this subsection HEAD OF HOUSEHOLD.—If the Secretary holds with this section. shall be final and binding on all parties.’’. funds under this paragraph for a head of ‘‘(i) APPEALS.— SEC. 112. PAYMENT FOR USE OF LAND. household described in paragraph (1)(A) on ‘‘(1) IN GENERAL.—The Commissioner shall Section 16 of the Act of December 22, 1974 the death of the head of household, the Sec- establish an expedited hearing procedure for (25 U.S.C. 640d–15), is amended— retary shall— any appeal relating to the denial of eligi- (1) by striking ‘‘SEC. 16. (a) The Navajo’’ ‘‘(i) identify and notify any heir of the bility for benefits under this Act (including and inserting the following: head of household, in accordance with appli- regulations promulgated pursuant to this ‘‘SEC. 12. PAYMENT FOR USE OF LAND. cable law; and Act) that is pending on, or filed after, the ‘‘(a) IN GENERAL.—The Navajo’’; ‘‘(ii) distribute the funds held by the Sec- date of enactment of Navajo-Hopi Land Set- (2) in subsection (a), by inserting ‘‘(as in ef- retary for the head of household to any tlement Amendments of 2005. fect on the day before the date of enactment heir— ‘‘(2) FINAL DETERMINATIONS.—The hearing of the Navajo-Hopi Land Settlement Amend- ‘‘(I) immediately, if the heir is at least 18 procedure established under paragraph (1) ments of 2005)’’ before ‘‘sections 8 and 3 or 4’’; years old; or shall— and ‘‘(II) if the heir is younger than 18 years ‘‘(A) provide for a hearing before an impar- (3) in subsection (b)— old on the date on which the Secretary iden- tial third party, as the Commissioner deter- (A) by striking ‘‘(b) The’’ and inserting the tified the heir, on the date on which the heir mines necessary: and following: attains the age of 18. ‘‘(B) ensure that a final determination is ‘‘(b) PAYMENT.—The’’; and ‘‘(D) CLAIMS OF COMPETING HEIRS.—Any made by the Office of Navajo and Hopi Indian (B) by inserting ‘‘(as in effect on the day claim to a distribution under subparagraph Relocation for each appeal described in para- before the date of enactment of the Navajo- (C) that is disputed by any competing heir of graph (1) by not later than January 1, 2008. Hopi Land Settlement Amendments of 2005)’’ a head of household shall be determined dur- ‘‘(j) PROCUREMENT OF SERVICES.— after ‘‘sections 8 and 3 or 4’’. ing the probate process in accordance with ‘‘(1) IN GENERAL.—Notwithstanding any SEC. 113. EFFECT OF ACT. applicable law. other provision of this Act, to ensure the full Section 17 of the Act of December 22, 1974 ‘‘(4) DISPUTED ELIGIBILITY CLAIMS.— and fair evaluation of an appeal hearing be- (25 U.S.C. 640d–16), is amended— ‘‘(A) TRANSFER OF FUNDS.—Not later than fore an impartial third party referred to in (1) by striking ‘‘SEC. 17. (a)’’ and inserting September 30, 2008, the Commissioner shall subsection (i)(2)(A), the Commissioner may the following:

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‘‘SEC. 13. EFFECT OF ACT. Hopi Land Settlement Amendments of 2005)’’ ‘‘SEC. 27.’’ and all that follows through ‘‘(c) ‘‘(a) TITLE, POSSESSION, AND ENJOYMENT.— after ‘‘sections 8 and 3 or 4’’ each place it ap- The Secretary’’ and inserting the following: ’’; pears; and ‘‘SEC. 21. DISCRETIONARY FUND. (2) in subsection (a)— (4) in subsection (c)— ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— (A) in the first sentence, by striking (A) by striking ‘‘(c)(1) Surveying’’ and in- There are authorized to be appropriated to a ‘‘Nothing’’ and inserting the following: serting the following: discretionary fund of the Commissioner to ‘‘(1) IN GENERAL.—Nothing’’; and ‘‘(c) SURVEYING, MONUMENTING, AND FENC- carry out this Act— (B) in the second sentence, by striking ING; LIVESTOCK REDUCTION PROGRAM.— ‘‘(1) $6,000,000 for the period of fiscal years ‘‘Such’’ and inserting the following: ‘‘(1) SURVEYING, MONUMENTING, AND FENC- 2006 through 2008; and ‘‘(2) RESIDENCE ON OTHER RESERVATIONS.— ING.—Surveying’’; ‘‘(2) such sums as are necessary for each Any’’; and (B) in paragraph (1)— subsequent fiscal year. (3) in subsection (b), by striking ‘‘(b) Noth- (i) by striking ‘‘of this Act’’ and inserting ‘‘(b) HOPI HIGH SCHOOL AND MEDICAL CEN- ing’’ and inserting the following: ‘‘(as in effect on the day before the date of TER.—The Secretary’’. ‘‘(b) FEDERAL EMPLOYEES.—Nothing’’. enactment of the Navajo-Hopi Land Settle- SEC. 123. ATTORNEY FEES AND COURT COSTS. SEC. 114. ACTIONS FOR ACCOUNTING, FAIR ment Amendments of 2005)’’; and Section 29 of the Act of December 22, 1974 VALUE OF GRAZING, AND CLAIMS (ii) by striking ‘‘section 8’’ and inserting (25 U.S.C. 640d–27), is amended— FOR DAMAGES TO LAND. ‘‘section 4’’; and (1) by striking ‘‘SEC. 29. (a)’’ and inserting Section 18 of the Act of December 22, 1974 (C) in paragraph (2), by striking ‘‘(2) The’’ the following: (25 U.S.C. 640d–17), is amended— and inserting the following: ‘‘SEC. 22. ATTORNEY FEES AND COURT COSTS. (1) by striking ‘‘SEC. 18. (a) Either’’ and in- ‘‘(2) LIVESTOCK REDUCTION PROGRAM.—The’’. ‘‘(a) IN GENERAL.—’’; serting the following: SEC. 116. RELIGIOUS CEREMONIES; PIPING OF (2) in subsection (a)— ‘‘SEC. 14. ACTIONS FOR ACCOUNTING, FAIR WATER. (A) by striking ‘‘In any’’ and inserting the VALUE OF GRAZING, AND CLAIMS following: FOR DAMAGES TO LAND. Section 20 of the Act of December 22, 1974 (25 U.S.C. 640d–19), is amended by striking ‘‘(1) IN GENERAL.—In any’’; and ‘‘(a) ACTIONS BY TRIBES.—Either’’; ‘‘SEC. 20. The members’’ and inserting the (B) by striking ‘‘For each’’ and inserting (2) in subsection (a), by inserting ‘‘(as in ef- the following: fect on the day before the date of enactment following: ‘‘SEC. 16. RELIGIOUS CEREMONIAL USES; PIPING ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— of the Navajo-Hopi Land Settlement Amend- For each’’; ments of 2005)’’ after ‘‘section 3 or 4’’; OF WATER. ‘‘The members’’. (3) in subsection (b)— (3) in subsection (b)— (A) by striking ‘‘(b) Upon’’ and inserting SEC. 117. ACCESS TO RELIGIOUS SHRINES. (A) by striking ‘‘(b) Neither’’ and inserting the following: Section 21 of the Act of December 22, 1974 the following: ‘‘(b) AWARD BY COURT.— ‘‘(b) DEFENSES.—Neither’’; and (25 U.S.C. 640d–20), is amended by striking ‘‘(1) IN GENERAL.—On’’; and (B) by inserting ‘‘(as in effect on the day ‘‘SEC. 21. Notwithstanding’’ and inserting the (B) in the second sentence, by striking before the date of enactment of the Navajo- following: ‘‘Any party’’ and inserting the following: Hopi Land Settlement Amendments of 2005)’’ ‘‘SEC. 17. ACCESS TO RELIGIOUS SHRINES. ‘‘(2) REIMBURSEMENT OF UNITED STATES.— after ‘‘section 3 or 4’’; ‘‘Notwithstanding’’. Any party’’; (4) in subsection (c)— SEC. 118. EXCLUSION OF PAYMENTS FROM CER- (4) in subsection (c), by striking ‘‘(c) To’’ (A) by striking ‘‘(c) Either’’ and inserting TAIN FEDERAL DETERMINATIONS and inserting the following: the following: OF INCOME. ‘‘(c) EXCESS DIFFERENCE.—To’’; and ‘‘(c) FURTHER ORIGINAL, ANCILLARY, OR Section 22 of the Act of December 22, 1974 (5) in subsection (d)— SUPPLEMENTARY ACTS TO ENSURE QUIET EN- (25 U.S.C. 640d–21), is amended— (A) by striking ‘‘(d) This’’ and inserting JOYMENT.— (1) by striking ‘‘SEC. 22. The availability’’ the following: ‘‘(1) IN GENERAL.—Either’’; and and inserting the following: ‘‘(d) APPLICATION OF SECTION.—This’’; and (B) in the second sentence, by striking ‘‘SEC. 18. EXCLUSION OF PAYMENTS FROM CER- (B) by striking ‘‘section 8 or 18(a) of this ‘‘Such actions’’ and inserting the following: TAIN FEDERAL DETERMINATIONS Act’’ and inserting ‘‘section 4 or section ‘‘(2) ACTION THROUGH CHAIRMAN.—An action OF INCOME. 14(a)’’. under paragraph (1)’’; ‘‘(a) IN GENERAL.—The availability’’; and SEC. 124. LOBBYING. (5) in subsection (d)— (2) by striking ‘‘None of the funds’’ and in- Section 31 of the Act of December 22, 1974 (A) by striking ‘‘(d) Except’’ and inserting serting the following: (25 U.S.C. 640d–29), is amended— the following: ‘‘(b) FEDERAL AND STATE INCOME TAXES.— (1) by striking ‘‘SEC. 31. (a) Except’’ and in- ‘‘(d) UNITED STATES AS PARTY; JUDGMENTS None of the funds’’. serting the following: AGAINST THE UNITED STATES.— SEC. 119. AUTHORIZATION OF EXCHANGE. ‘‘SEC. 23. LOBBYING. ‘‘(1) IN GENERAL.—Except’’; and ‘‘(a) IN GENERAL.—Except’’; and (B) in the second sentence, by striking Section 23 of the Act of December 22, 1974 (2) in subsection (b), by striking ‘‘(b) Sub- ‘‘Any judgment or judgments’’ and inserting (25 U.S.C. 649d–22), is amended— section’’ and inserting the following: the following: (1) by striking ‘‘SEC. 23. The Navajo’’ and inserting the following: ‘‘(b) APPLICABILITY.—Subsection’’. ‘‘(2) EFFECT OF JUDGMENTS.—Any judg- ‘‘SEC. 19. AUTHORIZATION OF EXCHANGE. SEC. 125. NAVAJO REHABILITATION TRUST FUND. ment’’; and The first section designated as section 32 of (6) in subsection (e), by striking ‘‘(e) All’’ ‘‘(a) IN GENERAL.—The Navajo’’; and (2) in the second sentence— the Act of December 22, 1974 (25 U.S.C. 640d– and inserting the following: 30), is amended— ‘‘(e) REMEDIES.—All’’. (A) by striking ‘‘In the event that the Tribes should’’ and inserting the following: (1) by striking ‘‘SEC. 32. (a) There’’ and in- SEC. 115. JOINT USE. serting the following: Section 19 of the Act of December 22, 1974 ‘‘(b) NEGOTIATED EXCHANGES.—If the ‘‘SEC. 24. NAVAJO REHABILITATION TRUST FUND. (25 U.S.C. 640d–18), is amended— Tribes’’; and ‘‘(a) ESTABLISHMENT.—There’’; (1) by striking ‘‘SEC. 19. (a) Notwith- (B) by striking ‘‘sections 14 and 15’’ and in- serting ‘‘sections 10 and 11’’. (2) in subsection (b), by striking ‘‘(b) All’’ standing’’ and inserting the following: and inserting the following: SEC. 120. SEVERABILITY. ‘‘SEC. 15. JOINT USE. ‘‘(b) DEPOSIT OF INCOME INTO FUND.—All’’; ‘‘(a) REDUCTION OF LIVESTOCK.— Section 24 of the Act of December 22, 1974 (3) in subsection (c), by striking ‘‘(c) The’’ ‘‘(1) IN GENERAL.—Notwithstanding’’; (25 U.S.C. 640d–23), is amended by striking and inserting the following: (2) in subsection (a)(1) (as designated by ‘‘SEC. 24. If’’ and inserting the following: ‘‘(c) INVESTMENT OF FUNDS.—The’’; paragraph (1))— ‘‘SEC. 20. SEVERABILITY. (4) in subsection (d)— (A) by inserting ‘‘(as in effect on the day ‘‘If’’. (A) by striking ‘‘(d) Funds’’ and inserting before the date of enactment of the Navajo- SEC. 121. AUTHORIZATION OF APPROPRIATIONS. the following: Hopi Land Settlement Amendments of 2005)’’ Section 25 of the Act of December 22, 1974 ‘‘(d) AVAILABILITY OF FUNDS.—Funds’’; after ‘‘section 3 or 4’’; and (25 U.S.C. 640d–24), is— (B) in paragraph (1), by striking ‘‘pro- (B) in the second sentence, by striking (1) moved so as to appear at the end of the ceedings,’’ and inserting ‘‘proceedings;’’; and ‘‘The Secretary is directed to’’ and inserting Act; and (C) in paragraph (2), by striking ‘‘Act, or’’ the following: (2) amended to read as follows: and inserting ‘‘Act; or’’; ‘‘(2) CONSERVATION PRACTICES AND METH- (5) in subsection (e)— ‘‘SEC. 26. AUTHORIZATION OF APPROPRIATIONS. ODS.—The Secretary shall’’; (A) by striking ‘‘(e) By December 1’’ and (3) in subsection (b)— ‘‘There are authorized to be appropriated inserting the following: (A) by striking ‘‘(b) The’’ and inserting the to carry out section 11 such sums as are nec- ‘‘(e) EXPENDITURE OF FUNDS.— following: essary for each of fiscal years 2006 through ‘‘(1) IN GENERAL.—Not later than December ‘‘(b) SURVEY LOCATION OF MONUMENTS AND 2008.’’. 1’’; and FENCING OF BOUNDARIES.—The’’; and SEC. 122. DISCRETIONARY FUND. (B) in the second sentence, by striking (B) by inserting ‘‘(as in effect on the day Section 27 of the Act of December 22, 1974 ‘‘Such framework is to be’’ and inserting the before the date of enactment of the Navajo- (25 U.S.C. 640d–25), is amended by striking following:

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‘‘(2) REQUIREMENT.—The framework under SEC. 205. REORGANIZATION. the provision to other persons or cir- paragraph (1) shall be’’; The Secretary is authorized to allocate or cumstances shall be affected. (6) in subsection (f)— reallocate any function transferred under SEC. 211. TRANSITION. (A) by striking ‘‘(f) The’’ and inserting the section 202 among the officers of the Depart- The Secretary is authorized to use— following: ment of the Interior, and to establish, con- (1) the services of such officers, employees, ‘‘(f) TERMINATION.— solidate, alter, or discontinue such organiza- and other personnel of the Office with re- ‘‘(1) IN GENERAL.—The’’; and tional entities in the Department of the In- spect to functions transferred to the Depart- (B) in the second sentence, by striking ‘‘All terior as the Secretary determines to be nec- ment of the Interior by this title; and funds’’ and inserting the following: essary or appropriate. (2) funds appropriated to such functions for ‘‘(2) TRANSFER OF REMAINING FUNDS.—All SEC. 206. RULES. such period of time as may reasonably be funds’’; and The Secretary is authorized to prescribe, needed to facilitate the orderly implementa- (7) by striking subsection (g). in accordance with the provisions of chapters tion of this title. SEC. 126. AVAILABILITY OF FUNDS FOR RELOCA- 5 and 6 of title 5, United States Code, such TION ASSISTANCE. rules and regulations as the Secretary deter- SEC. 212. REPORTS. The second section designated as section 32 mines to be necessary or appropriate to ad- (a) FISCAL YEARS 2007 AND 2008.—For each of the Act of December 22, 1974 (25 U.S.C. 640– minister and manage the functions of the of fiscal years 2007 and 2008, the Commis- 31), is amended by striking ‘‘SEC. 32. Noth- Department of the Interior. sioner of the Office, in consultation with the ing’’ and inserting the following: SEC. 207. TRANSFER AND ALLOCATIONS OF AP- Navajo and Hopi Indian tribes, shall submit ‘‘SEC. 25. AVAILABILITY OF FUNDS FOR RELOCA- PROPRIATIONS AND PERSONNEL. to Congress a report describing— TION ASSISTANCE.’’. (a) IN GENERAL.—Except as otherwise pro- (1) the status of the Office; ‘‘Nothing’’. vided in this title, the personnel employed in (2) any progress made during the preceding TITLE II—TRANSFER OF FUNCTIONS AND connection with, and the assets, liabilities, year in transferring functions, appropria- SAVINGS PROVISIONS contracts, property, records, and unexpended tions, and personnel under this title; balances of appropriations, authorizations, (3) any progress made toward, or obstacle SEC. 201. DEFINITIONS. allocations, and other funds employed, used, relating to, completing the relocation proc- In this title: held, arising from, available to, or to be ess under the Act of December 22, 1974 (25 (1) FEDERAL AGENCY.—The term ‘‘Federal made available in connection with the func- U.S.C. 640d et seq.) (as amended by title I); agency’’ has the meaning given the term tions transferred by this title, subject to sec- (4) the status of the grazing management ‘‘agency’’ in section 551(1) of title 5, United tion 1531 of title 31, United States Code, shall program on the area commonly known as the States Code. be transferred to the Department of the Inte- ‘‘New Lands’’ of the Navajo Tribe; and (2) FUNCTION.—The term ‘‘function’’ means rior in accordance with section 3503 of title 5, (5) the needs of the Navajo and Hopi Indian any duty, obligation, power, authority, re- United States Code. tribes to address the affect of relocation ac- sponsibility, right, privilege, activity, or (b) UNEXPENDED FUNDS.—Unexpended funds tivity, if any, including a financial estimate program carried out under Federal law in ac- transferred pursuant to this section shall be relating to the needs. cordance with the purposes of the Office. used only for the purposes for which the (b) SUBSEQUENT FISCAL YEARS.—Not later (3) OFFICE.—The term ‘‘Office’’ means the funds were originally authorized and appro- than 1 year after the effective date of this Office of Navajo and Hopi Relocation (includ- priated. title, and annually thereafter, the Secretary, ing any component of that office). SEC. 208. INCIDENTAL TRANSFERS. in consultation with the Navajo and Hopi In- (4) SECRETARY.—The term ‘‘Secretary’’ The Secretary is authorized to make such dian tribes, shall submit to Congress a report means the Secretary of the Interior. determinations as may be necessary to ac- described in subsection (a). SEC. 202. TRANSFER OF FUNCTIONS. cept the functions transferred by this title, (c) AUTHORIZATION OF APPROPRIATIONS.— (a) IN GENERAL.—Effective beginning on and to make such additional incidental dis- There are authorized to be appropriated such September 30, 2008, there is transferred to positions of personnel, assets, liabilities, sums as are necessary to carry out this sec- the Secretary any function of the Office that grants, contracts, property, records, and un- tion for each of fiscal years 2007 through 2009. has not been carried out by the Office in ac- expended balances of appropriations, author- SEC. 213. REFERENCES. cordance with the Act of December 22, 1974 izations, allocations, and other funds held, (25 U.S.C. 640 et seq.) (as amended by title I). used, arising from, available to, or to be Any reference in a Federal law, Executive (b) MEMORANDUM OF AGREEMENT.—Not made available in connection with such func- order, rule, regulation, delegation of author- later than September 29, 2008, the Secretary, tions, as may be necessary to carry out the ity, or document relating to— in consultation with the Director of the Of- provisions of this title. (1) the Commissioner of the Office, with re- spect to functions transferred under this fice of Management and Budget, may enter SEC. 209. EFFECT ON PERSONNEL. into a memorandum of agreement with the title, shall be deemed to be a reference to the (a) IN GENERAL.—Except as otherwise pro- Secretary; and Office, as the Secretary determines to be ap- vided by this title, the transfer pursuant to (2) the Office, with respect to functions propriate to facilitate the transfer under this title of full-time personnel (except spe- transferred under this title, shall be deemed subsection (a). cial Government employees) and part-time to be a reference to the Department of the SEC. 203. PERSONNEL PROVISIONS. personnel holding permanent positions shall Interior. (a) APPOINTMENTS.—The Secretary may ap- not cause any such employee to be separated point and fix the compensation of such offi- or reduced in grade or compensation for 1 SEC. 214. ADDITIONAL CONFORMING AMEND- cers and employees as the Secretary deter- year after the date of transfer of the em- MENT. mines to be necessary to carry out any func- ployee under this title. Section 5315 of title 5, United States Code, tion transferred under this title. (b) EXECUTIVE SCHEDULE POSITIONS.—Ex- is amended by striking the item relating to (b) REQUIREMENTS.—Except as otherwise cept as otherwise provided in this title, any the Commissioner of the Office. provided by law— person who, on the day preceding the effec- SEC. 215. EFFECT OF TITLE. (1) any officer or employee described in tive date of this title, held a position com- (a) CONTINUING EFFECT OF LEGAL DOCU- subsection (a) shall be appointed in accord- pensated in accordance with the Executive MENTS.—Any legal document relating to a ance with the civil service laws; and Schedule prescribed in chapter 53 of title 5, (2) the compensation of such an officer or function transferred by this title that is in United States Code, and who, without a effect on the effective date of this title shall employee shall be fixed in accordance with break in service, is appointed in the Depart- title 5, United States Code. continue in effect in accordance with the ment of the Interior to a position having du- terms of the document until the document is SEC. 204. DELEGATION AND ASSIGNMENT. ties comparable to the duties performed im- modified or terminated by— (a) IN GENERAL.—Except where otherwise mediately preceding such appointment shall (1) the President; expressly prohibited by law or otherwise pro- continue to be compensated in such new po- (2) the Secretary; vided by this title, the Secretary may dele- sition at not less than the rate provided for (3) a court of competent jurisdiction; or gate any of the functions transferred to the such previous position, for the duration of (4) operation of Federal or State law. Secretary by this title and any function the service of such person in such new posi- (b) PROCEEDINGS NOT AFFECTED.—This title transferred or granted to the Secretary after tion. shall not affect any proceeding (including a the effective date of this title to such offi- (c) TERMINATION OF CERTAIN POSITIONS.— notice of proposed rulemaking, an adminis- cers and employees of the Department of the Positions whose incumbents are appointed trative proceeding, and an application for a Interior as the Secretary may designate, and by the President, by and with the advice and license, permit, certificate, or financial as- may authorize successive redelegations of consent of the Senate, the functions of which sistance) relating to a function transferred such functions as may be necessary or appro- are transferred by this title, shall terminate under this title that is pending before the Of- priate. on the effective date of this title. fice of Navajo and Hopi Relocation on the ef- (b) DELEGATION.—No delegation of func- SEC. 210. SEPARABILITY. fective date of this title. tions by the Secretary under this section or If a provision of this title or the applica- under any other provision of this title shall tion of this title to any person or cir- SEC. 216. EFFECTIVE DATE. relieve the Secretary of responsibility for cumstance is held invalid, neither the re- This title takes effect beginning Sep- the administration of the functions. mainder of this title nor the application of tember 30, 2008.

VerDate Aug 31 2005 03:52 May 03, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.041 S02MYPT1 jcorcoran on PROD1PC62 with SENATE S3930 CONGRESSIONAL RECORD — SENATE May 2, 2006 TITLE III—PERSONNEL OF THE OFFICE DARFUR a group of students came forward and OF NAVAJO AND HOPI RELOCATION Mr. DURBIN. Mr. President, I rise said, We are a student group on this SEC. 301. SEPARATION PAY. today in support of the amendment of- campus genuinely interested in the The Office of Navajo and Hopi Relocation fered by the Senator from New Jersey, genocide in Darfur. We are planning a (referred to in this title as the ‘‘Office’’) may rally in Washington—this last Sun- request funding for, and offer to any em- Senator MENENDEZ. Senator MENENDEZ is carrying on a great tradition. His day—and we want to know what you ployee of the Office, voluntary separation in- are going to do about it, Senator. centive payments in accordance with sub- predecessor, Senator Jon Corzine, now It was a legitimate question, one chapter II of chapter 35 of title 5, United Governor of New Jersey, showed a spe- States Code. cial interest in the genocide which is which I answered by saying I had done some things, but I need to do more. I SEC. 302. FEDERAL RETIREMENT. occurring in Darfur in Africa. I cannot The Office may request funding for, and say how many times Senator Corzine offered an amendment to the bill now pending to add $50 million to help move offer to any employee of the Office, vol- came to the Senate to raise this issue. untary early retirement in accordance with in a U.N. peacekeeping force that will I am glad Senator MENENDEZ has the sections 8336(d)(2) and 8414(b)(1) of title 5, augment the African Union force and same intensity and the same commit- United States Code. give some power to this effort to pro- ment Governor Corzine showed in the tect these poor innocent people. f Senate. He has evidenced it by this This weekend, on the National Mall ORDERS FOR WEDNESDAY, May 3, amendment which adds an additional in Washington, at the Federal Plaza in 2006 $60 million for peacekeeping forces. Chicago, and in 16 other cities across I have spoken in the Senate many Mr. ENSIGN. Mr. President, I ask our country, tens of thousands of peo- times about the Darfur crisis. I say unanimous consent that when the Sen- ple gathered to protest the ongoing that with some embarrassment. It is ate completes its business today, it genocide in Darfur. As the Washington unfortunate that I still have to return stand in adjournment until 9:30 a.m. on Post noted, the gathering of people on to the Senate time after time, month Wednesday, May 3. I further ask unani- The Mall was one of the most diverse after month, year after year. While we mous consent that following the prayer in history. The crowd was composed of debate, people die. What is happening and pledge, the morning hour be people from all walks of life: Jews, in Darfur is a shameful situation for deemed expired, the Journal of pro- Christians, Muslims, liberal, conserv- any country in the world, shameful for ceedings be approved to date, the time atives, teenagers, and members of the those who live in peace and in powerful for the two leaders be reserved, that ‘‘greatest generation.’’ They gathered there then be a period of morning busi- countries for not doing more. First, let me salute this administra- under many different signs but many ness for up to 30 minutes with the ma- tion. Though I disagree with the Bush contained the same message: Save jority in control of the first 15 minutes Darfur. That is simple. That is power- administration on so many things, I to be followed by 15 minutes under the ful. That is our moral responsibility, to have been respectful of the fact from control of the minority; provided fur- save Darfur. the beginning, under Secretary of ther that the Senate then resume con- Once again, we have fallen short. We State Colin Powell and now Secretary sideration of H.R. 4939. promised that once we declared geno- I further ask unanimous consent that of State Condoleezza Rice, they have cide, we would act. We said after the there be 1 hour of debate with Senator not pulled any punches. They have said genocides of recent memory, it would from the outset what is occurring in COBURN controlling 30 minutes, Sen- never again happen in our time. Sadly, Darfur is nothing short of genocide. ator FEINSTEIN 15 minutes, and Senator it has. And things are getting worse in- That is a stark departure from what BOXER 15 minutes, and that the vote stead of better. Violence is continuing. occur in relation to Division XIX of the occurred under the Clinton administra- The Sudanese Government is blocking pending amendment with no amend- tion, an administration which I ad- the preparations for the U.N. mission ment in order to the division prior to mired and worked with, but during the and peace talks have stalled. the vote. Rwanda genocide they were reluctant Last week, there was an announce- The PRESIDING OFFICER. Without to use the word. So many times our ment in the paper which troubled me. objection, it is so ordered. Secretary of State and others within The World Food Program, one of the Mr. ENSIGN. Mr. President, I now the administration were pinned down: most important programs in the world ask unanimous consent that notwith- Was Rwanda a genocide? And even to feed needy people, announced it was standing adjournment of the Senate, while people were losing their lives in forced to cut food rations in Darfur in all time count against the limitation that African nation, they refused to half. More than 6 million people across under rule XXII. use the word. Sudan require food aid, more than any The PRESIDING OFFICER. Without The reason is because it carries with other country on Earth. The World objection, it is so ordered. it so much moral import, so much re- Food Program estimates it needs ap- sponsibility. Once deciding a genocide f proximately $750 million to feed them is occurring in some part of the world, and it does not have the money. The PROGRAM what, then, must we do? Under the United States has provided $188 mil- Mr. ENSIGN. Mr. President, today Genocide Convention, we are to step lion; the European Union, almost noth- cloture was invoked on the emergency forward. The civilized family of nations ing. Libya is the only member of the supplemental appropriations bill. We is to step forward to stop the genocide Arab league to step up. have disposed of many amendments, in place and to protect the innocent This has to change. We can and but we still have some pending amend- people. should do more and so should the rest ments remaining that will need to be For several years, though we have de- of the world. It is bad enough to stand disposed of. Tomorrow will be a busy clared it genocide, we have not done by without taking appropriate action day, and votes can be expected nearly as much as we should. We have to stop the violence of genocide. But throughout the day as we attempt to relied on a small and somewhat impo- how can we have on our conscience finish action on this emergency supple- tent group of African Union soldiers that these poor people, these children, mental appropriations bill. who may be trying to do their best but these families, dispossessed and living f who are completely outmanned by the in fear, will now slowly starve to death jingaweit and other violent actors in on our watch? ORDER FOR ADJOURNMENT that nation who take advantage every Several amendments have been filed Mr. DURBIN. Mr. President, I ask day of the poor people of Darfur. to this emergency supplemental bill unanimous consent I be allowed to Last week, I went back to my alma that addressed Darfur. I am proud to speak as in morning business, and at mater, Georgetown University, here in cosponsor them. On this amendment by the close of my speech, if there be no Washington, DC, and I spoke to a group Senator MENENDEZ of New Jersey, I ask further business before the Senate, we of students. It was a great night. I have unanimous consent to join as a cospon- then stand in adjournment. not been back at campus in that capac- sor. The PRESIDING OFFICER. Without ity. It was great to speak to them. As The PRESIDING OFFICER. Without objection, it is so ordered. the students came up to ask questions, objection, it is so ordered.

VerDate Aug 31 2005 03:52 May 03, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A02MY6.041 S02MYPT1 jcorcoran on PROD1PC62 with SENATE May 2, 2006 CONGRESSIONAL RECORD — SENATE S3931 Mr. DURBIN. His amendment in- dragged on for 2 bloody years. They the students from Georgetown Univer- creases funding for international were set to conclude on Sunday, but in sity, the students from other univer- peacekeeping efforts by $60 million. the absence of an agreement, they have sities across this country, and many Another amendment that has been been extended another 48 hours. The other caring people who came forward. filed authorizes the Department of De- prospects for an accord seem dim. I urge the Senate to join them to save fense to assist NATO in peacekeeping Khartoum so far has also refused to Darfur. efforts in Darfur. The third sets aside allow a U.N. assessment team into funds for a special envoy to be named Darfur to prepare for a mission there. f to play the role that former Senator The Sudanese Government launched MEASURE READ THE FIRST John Danforth of Missouri played so ef- a war on its own people for 3 straight TIME—S. 2700 fectively. Let me say parenthetically, years. They cannot be allowed to dic- Mr. DURBIN. Mr. President, before I he is a great man. I am honored to call tate terms to the United Nations. Hun- yield the floor, on behalf of the Repub- him a friend. He accepted this assign- dreds of thousands of lives hang in the lican leadership, I understand that ment when he could have returned to balance in Darfur. We should appoint there is a bill at the desk, and I ask for the peace and solitude of his retired that special envoy, someone of the its first reading. life in St. Louis, but leaving the United stature, the dedication, and wisdom of The PRESIDING OFFICER. The Nations he went on to Darfur. That John Danforth, to try to advance the clerk will read the title of the bill for speaks volumes about this man’s com- peace process. The United States must the first time. mitment to the suffering of the world engage the other members of the The assistant legislative clerk read that he did it. United Nations Security Council to put Now we have an amendment before real pressure on the Government of as follows: the Senate asking that another envoy Sudan. A bill (S. 2700) to amend the Clean Air Act be sent by the United States, a person One of the troubling aspects is that to provide for a Federal Fuels List, and for of the caliber of John Danforth, who many believe that the major countries other purposes. can do his best to try to bring some of the world are pulling their punches Mr. DURBIN. Mr. President, I now peace to that region. and not holding Sudan accountable be- ask for its second reading and, in order The situation in Darfur represents a cause Sudan has oil deposits. Once to place the bill on the calendar under massive humanitarian catastrophe, one again, our foreign policy is being af- the provisions of rule XIV, I object to that is ongoing, one that is happening fected, if not dictated, by energy re- my own request. on our watch. As we stand to make serves in Africa, as it is in so many The PRESIDING OFFICER. Objec- these speeches in the comfort and secu- other parts of the world. tion having been heard, the bill will re- rity of the Senate, people are literally What a grim reminder of how impor- ceive its second reading on the next tant it is for the United States to move dying, being raped, and starving to legislative day. to energy independence so we can stand death in Darfur. Mr. DURBIN. Thank you, Mr. Presi- Over the past 3 months alone, re- up for the values we need without sac- dent. surging violence in Darfur has forced rificing all-important energy for our own economy and that other countries f 200,000 people from their homes. One- can step forward and make the right third of them are cut off from any hu- ADJOURNMENT UNTIL 9:30 A.M. decision in terms of the morality and manitarian aid. In addition, Human TOMORROW values of the world rather than gaug- Rights Watch has reported the Suda- ing the impact it will have on their oil The PRESIDING OFFICER. Under nese Government launched a new offen- imports. the previous order, the Senate stands sive in southern Darfur last week. The We have to work with our European adjourned until 9:30 a.m. tomorrow. government troops reportedly used hel- allies to persuade China and Russia to Thereupon, the Senate, at 7:33 p.m., icopter gun ships against a defenseless set aside their objections to U.N. ac- adjourned until Wednesday, May 3, village in south Darfur where thou- tion. 2006, at 9:30 a.m. sands of displaced Darfurians sought We should pass the amendments be- f refuge. Can you imagine the horror of fore us this week on the supplemental that scene as helicopter gun ships appropriations bill, and the Darfur NOMINATIONS sprayed these poor helpless people? Peace and Accountability Act should Executive nominations received by The African Union mission in Darfur be signed into law. We should continue the Senate May 2, 2006: has 7,000 peacekeepers; 7,000 men in to support the African Union mission uniform to guard an area the size of in Darfur, while leading efforts to en- FEDERAL DEPOSIT INSURANCE CORPORATION Texas. But a Texas without roads, a sure that NATO and the United Na- SHEILA C. BAIR, OF KANSAS, TO BE CHAIRPERSON OF THE BOARD OF DIRECTORS OF THE FEDERAL DEPOSIT Texas without bridges, a Texas without tions take up the peacekeeping mission INSURANCE CORPORATION FOR A TERM OF FIVE YEARS, communication. They cannot end this in Darfur. VICE DONALD E. POWELL, RESIGNED. SHEILA C. BAIR, OF KANSAS, TO BE A MEMBER OF THE genocide by themselves. Three years of genocide—3 years BOARD OF DIRECTORS OF THE FEDERAL DEPOSIT INSUR- Unfortunately, while violence in after our declaration that a genocide ANCE CORPORATION FOR A TERM EXPIRING JULY 15, 2013. Darfur escalates, the news on the pros- (REAPPOINTMENT) was occurring right here on our SHEILA C. BAIR, OF KANSAS, TO BE A MEMBER OF THE pects of peace, talks between the Gov- watch—3 years is too long. BOARD OF DIRECTORS OF THE FEDERAL DEPOSIT INSUR- ernment of Sudan and the rebel groups, ANCE CORPORATION FOR THE REMAINDER OF THE TERM I echo the thousands of people who EXPIRING JULY 15, 2007, VICE DONALD E. POWELL, RE- is very discouraging. The talks have gathered across America on Sunday— SIGNED.

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CONGRATULATIONS TO LINCOLN asthma, anxiety and behavioral problems, first to examine the health issues of those UNIVERSITY’S PUBLIC RADIO compared with 25% in urban areas of Lou- living in housing provided by the Federal STATION KJLU–FM isiana before the storm. 14% of those children Emergency Management Agency. Based on face-to-face interviews with more than 650 have gone without prescription medication at families living in trailers or hotels, it pro- HON. IKE SKELTON least 3 months before this study which was vides a grim portrait of the hurricane’s ef- OF MISSOURI conducted in February, compared to 2% be- fects on some of the poorest victims, show- fore the storm and the numbers do not lie. IN THE HOUSE OF REPRESENTATIVES ing gaps in the tattered safety net pieced to- We have children in Louisiana who have gether from government and private efforts. Tuesday, May 2, 2006 missed huge blocks of class time because Among the study’s findings: 34 percent of Mr. SKELTON. Mr. Speaker, let me take families are moving so much to provide better displaced children suffer from conditions like asthma, anxiety and behavioral prob- this opportunity to congratulate the KJLU–FM lives for them, with an average of 3.5 times since the storm. There is no reason why a lems, compared with 25 percent of children in public radio station of Lincoln University in Jef- urban Louisiana before the storm. Fourteen ferson City, Missouri. KJLU was named Black woman caring for seven school-age grand- percent of them went without prescribed College Radios Station of the Year at the 28th children, none who were in school during the medication at some point during the three Annual Black College Radio and Television time of the survey, was battling high blood months before the survey, which was con- Conference in Atlanta, Georgia. pressure, diabetes and leukemia without any ducted in February, compared with 2 percent KJLU, founded in 1973, was presented with medical treatment. She was later admitted to before the hurricane. the Station of the Year award for excellence in the hospital for pains that she has had since Nearly a quarter of school-age children were either not enrolled in school at the broadcasting on April 1, 2006. The station had January. She said that it had become ‘‘un- bearable’’, and nothing is making it easier for time of the survey or had missed at least 10 previously been honored as Station of the days of school in the previous month. Their Year in 2003, with the Program Director of the people just like her. families had moved an average of 3.5 times Year award in 2004, and as Station with the We must make it easier for people to re- since the storm. Most Community Involvement in 2005. KJLU ceive the necessary care that they need. The Their parents and guardians were doing no continues to help the community by aiding in study highlighted the fact that both Congress better. Forty-four percent said they had no local fund-raising and recording and distrib- and the State of Louisiana eased eligibility re- health insurance, many because they lost uting public service announcements. Mike quirements for Medicaid after the storm, and their jobs after the storm, and nearly half were managing at least one chronic condi- Downey, one of KJLU’s station producers, was because each state sets its own guidelines, some families who got food stamps and as- tion like diabetes, high blood pressure or can- recently named United Way’s Missouri Volun- cer. Thirty-seven percent described their teer of the Year. sistance in other states were no longer eligible health as ‘‘fair’’ or ‘‘poor,’’ compared with 10 Mr. Speaker, I am certain that the Members when they returned home and that is just un- percent before the hurricane. of the House will join me in congratulating the acceptable More than half of the mothers and other students and staff at KJLU for their accom- Trauma related disorders caused by Hurri- female caregivers scored ‘‘very low’’ on a plishments and in wishing them luck in all their cane Katrina will have lasting impact on the commonly used mental health screening future endeavors. lives of these children. Future American gen- exam, which is consistent with clinical dis- erations will have to shoulder the burden left orders like depression or anxiety. Those f behind from the previous. Dr. Irwin Redlener, women were more than twice as likely to re- EVACUEE STUDY FINDS port that at least one of their children had the director of the National Center for Disaster developed an emotional or behavioral prob- DECLINING HEALTH Preparedness at Mailman and co-founder of lem since the storm. the Children’s Health Fund made it clear that Instead of being given a chance to recover, HON. CHARLES B. RANGEL ‘‘children do not have the ability to absorb six the study says, ‘‘Children and families who have been displaced by the hurricanes are OF NEW YORK or nine months of high levels of stress and undiagnosed or untreated medical problems’’ being pushed further toward the edge.’’ IN THE HOUSE OF REPRESENTATIVES without long-term consequences. Our mental Officials at the Louisiana Department of Tuesday, May 2, 2006 health system is not prepared to handle the Health and Hospitals said the study’s find- ings were consistent with what they had seen Mr. RANGEL. Mr. Speaker, I rise today in amount of care it now faces unless more treat- in the field. acknowledgment of a recent article in the New ment dollars are funneled into the system. ‘‘I think it told us in number form what we York Times which detailed the declining health I enter into the RECORD this article from the knew in story form,’’ said Erin Brewer, the of Hurricane Katrina survivors. The piece reit- New York Times published on April 18, 2006 medical director of the Office of Public erated that we must act now to aid the many for its insightful look at the real problems in Health at the department. ‘‘We’re talking sufferers in Louisiana. Eight months since the the aftermath of Hurricane Katrina. The longer about a state that had the lowest access to primary care in the country before the disaster and many are still without prescription we wait to enforce legislation the more suf- fering these Americans will have to endure. I storm. And a population within that context drugs, adequate housing, food, and security. who were really, really medically under- This is not the type of problem that will heal think it is safe to say that the study told us in served and terribly socially vulnerable.’’ itself in the matter of a few weeks or months, conclusive numerical evidence what we al- Ms. Brewer said that some of the trailer but of a timetable unknown to us. ready knew in story form according to Erin sites were regularly visited by mobile health It is a glaring contradiction to say that we as Brewer, the medical director of the Office of clinics, but acknowledged that such pro- members of the federal government have Public Health at the Louisiana Department of grams were not universally available. Nei- served the people of New Orleans to the best Health. The facts are clearly laid out and we ther Congress nor the State of Louisiana no longer can afford to ignore them. eased eligibility requirements for Medicaid of our ability. Not when the rates of mental after the storm, and because each state sets [From the New York Times, Apr. 18, 2006] disorders, and many chronic conditions such its own guidelines, some families who re- as asthma are on a steady rise as the Mail- EVACUEE STUDY FINDS DECLINING HEALTH ceived insurance and food stamps in other man School of Public Health at Columbia Uni- (By Shaila Dewan) states were no longer eligible when they re- versity and the Children’s Health Fund con- Families displaced by Hurricane Katrina turned home. cluded in their study of the health impacts are suffering from mental disorders and While state officials said $100 million in upon the Katrina survivors. Because of the chronic conditions like asthma and from a federal block grants was in the pipeline for lack of prescription medications and health in- lack of prescription medication and health primary care and mental health treatment, insurance at rates that are much higher than the study’s authors said the need was urgent. surance, people are not able to get the med- average, a new study has found. ‘‘Children do not have the ability to absorb ical treatment that they need. The study, conducted by the Mailman six or nine months of high levels of stress Among the findings in the study, 34% of dis- School of Public Health at Columbia Univer- and undiagnosed or untreated medical prob- placed children suffer from disorders such as sity and the Children’s Health Fund, is the lems’’ without long-term consequences, said

∑ 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 05:12 May 03, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A02MY8.001 E02MYPT1 ycherry on PROD1PC64 with REMARKS E674 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2006 Dr. Irwin Redlener, the director of the Na- organization to raise the alarm about mental award in 1990. In 1991, she assumed duties tional Center for Disaster Preparedness at health care for traumatized children after as the Coordinator of Maternal Health Serv- Mailman and co-founder of the Children’s Hurricane Katrina. A report issued earlier ices at Dover Air Force Base, Delaware. In Health Fund. this month by the Children’s Defense Fund The households included in the study were said youngsters were being ‘‘denied the 1994, Colonel Wright was assigned to Ran- randomly selected from lists provided by chance to share their bad memories and dolph Air Force Base, Texas, as a Nurse Utili- FEMA. They included families living in Lou- clear their psyches battered by loss of family zation Officer. During her tenure she com- isiana in hotels, trailer parks managed by members, friends, homes, schools and neigh- pleted over 2000 assignments, managed five the disaster agency and regular trailer parks borhoods.’’ commands, and maintained staff levels at an with some FEMA units. A random sample of Anthony Speier, the director of disaster unprecedented 95-plus percent. children in the surveyed households was se- mental health for Louisiana, said that while In 1998 Colonel Wright assumed her first lected for more in-depth questioning. there were 500 crisis counselors in the field, command at Incirlik Air Base, Turkey. As the For comparison, the study used a 2003 sur- the federal money that paid for them could Squadron Commander, she also assumed the vey of urban Louisiana families conducted not be used for treatment of mental or be- by the National Survey of Children’s Health. havioral disorders like depression or sub- roles as the Chief Nurse Executive and Dep- David Abramson, the study’s principal in- stance abuse. Instead, he said, much of their uty Group Commander. Incirlik presented sig- vestigator, said it was designed to measure effort goes into short one-on-one sessions nificant challenges. Three weeks after arrival, the social and environmental factors that and teaching self-help strategies in group a devastating 6.3 earthquake hit. Colonel help children stay healthy: consistent access settings. Wright took charge as the on-scene Medical to health care and mental health treatment, ‘‘The struggle for our mental health sys- Group Commander. After her stellar perform- engagement in school, and strong family tem is that our resources are designed for support. ance at Incirlik, she went on to her second as- people with serious mental illnesses and be- signment as Squadron Commander at In the Gulf Coast region, where child havior disorders,’’ Dr. Speier said. ‘‘But now health indicators like infant mortality and the vast population needs these forms of as- Laughlin Air Force Base, Texas in 1999. Her poverty rates were already among the high- sistance.’’ astute leadership led to her appointment as est in the country, Dr. Abramson said, ‘‘all Dr. Speier continued, ‘‘What we really, Deputy Program Executive Officer at the Joint of their safety net systems seem to have ei- from my vantage point, could benefit from is Medical Information Systems Office and Force ther been stretched or completely dis- a source of treatment dollars.’’ Development Program Manager at the Office sipated.’’ According to the study’s authors, the post- of the Surgeon General, at Bolling Air Force The study’s authors raise the prospect of storm environment differs significantly from irreversible damage if children miss out now Base, Washington, DC. other crises because of its uncertain resolu- Colonel Wright’s last assignment brought on normal development fostered by stable tion. schools and neighborhoods. ‘‘This circumstance is being widely mis- her back to Texas as the Chief, Nurse Utiliza- One couple told interviewers their three interpreted as an acute crisis, somehow im- tion and Education Branch, Randolph Air children had been enrolled in five schools plying that it will be over in the near term, Force Base, Texas. In this position, she was since the hurricane, in which one child’s which is categorically wrong,’’ Dr. Redlener responsible for managing assignments, career nebulizer and breathing machine were lost. said. ‘‘This is an acute crisis on top of a pre- progression, and sponsored educational op- The equipment has not been replaced be- existing condition. It’s now a persistent cri- cause the family lost its insurance when the portunities for 3,700 Air Force Nurses. Colonel sis with an uncertain outcome, over an un- Wright is a meritorious leader, administrator, mother lost her job, they said, and the child certain timetable.’’ has since been hospitalized with asthma. clinician, educator, and mentor. Throughout In another household, a woman caring for f her career, she has served with valor and pro- seven school-age grandchildren, none of TRIBUTE TO COLONEL SHARON B. foundly impacted the entire Air Force Medical whom were enrolled in school at the time of Service. Her performance reflects exception- the survey, said she was battling high blood WRIGHT, UNITED STATES AIR FORCE NURSE CORPS, ON THE ally on herself, the United States Air Force, pressure, diabetes and leukemia. the Department of Defense, and the United That woman, Elouise Kensey, agreed to be OCCASION OF HER RETIREMENT interviewed by a reporter, but at the ap- States of America. I extend my deepest appre- pointed hour was on her way to the hospital, ciation on behalf of a grateful nation for her where she was later admitted, ‘‘I’ve been in HON. HENRY E. BROWN, JR. over 26 years of dedicated military service. pain since January, and I’m going to see OF SOUTH CAROLINA Congratulations, Colonel Sharon B. Wright. I what’s wrong,’’ she said. ‘‘It’s become un- IN THE HOUSE OF REPRESENTATIVES wish you Godspeed. bearable.’’ f One woman who participated in the survey, Tuesday, May 2, 2006 Danielle Taylor, said in an interview that Mr. BROWN of South Carolina. Mr. Speak- RECOGNIZING MRS. BLANCHE she had not been able to find psychiatric er, I rise today in recognition of a great Amer- FELIX care for herself—she is bipolar—or her 6- ican and a true military heroine who has hon- year-old daughter, who not only went through the hurricane but had also, two orably served our country for 26 years in the HON. HILDA L. SOLIS years before, been alone with Ms. Taylor’s Air Force Nurse Corps: Colonel Sharon B. OF CALIFORNIA fiance´ when he died. Wright. Colonel Wright has a long history with IN THE HOUSE OF REPRESENTATIVES The public clinic Ms. Taylor used to visit the Air Force. She was born at Travis Air has closed since the storm, she said, and the Force Base, CA and graduated from Hillcrest Tuesday, May 2, 2006 last person to prescribe her medication was a High School, Sumter, South Carolina when Ms. SOLIS. Mr. Speaker, today I rise to rec- psychiatrist who visited the shelter she was her father, Chief Master Sergeant Edward J. ognize the contributions of an outstanding in four months ago. No doctors visit the Wright, was stationed at Shaw Air Force Base, member of my community, Mrs. Blanche Felix. trailer park in Slidell, La., where she has been staying, she said. South Carolina. Colonel Wright followed the Mrs. Felix was born in Globe, Arizona, and Ms. Taylor said that her daughter, Ariana career path of her father, a 30-year Air Force has lived most of her life in Southern Cali- Rose, needed a referral to see a psychiatrist, Chief, and her mother, a Licensed Practical fornia. In 1946, Mrs. Felix moved to the San but that her primary care physician had Nurse, both natives and current residents of Gabriel Valley with her husband, where they moved to Puerto Rico. ‘‘She has horrible Charleston, South Carolina. In 1980, she was have resided ever since, initially in South El rages over nothing,’’ Ms. Taylor said. ‘‘She commissioned through ROTC, and she was Monte and later in El Monte. needs help, she needs to talk to somebody.’’ then assigned to Mather Air Force Base, Cali- Throughout her life, Mrs. Felix has sought to The survey found that of the children who had primary doctors before the storm, about fornia. Experienced and desiring to make a improve her community and the lives of those half no longer did, the parents reported. Of difference, she next served at Kunsan Air around her. Her dedication to her community those who said their children still had doc- Base, Korea and Langley Air Force Base, Vir- has been continuous and prodigious. Mrs. tors, many said they had not yet tried to ginia, where she deployed to Honduras with Felix has served as an active member, officer, contact them. the U.S. Army. and often president of numerous organizations The study’s authors recommended expand- In each assignment she excelled and was including Youth Employment Services, Coordi- ing Medicaid to provide universal disaster rewarded with greater responsibilities and op- nating Council, Soroptomist International, El relief and emergency mental health services, portunities. In 1988, she became the Chief, Monte Women’s Club, Lions Club, El Monte as well as sending doctors and counselors from the federal Public Health Service to the Nurse Recruiting Branch, at Gunter Air Force Republican Women’s Club, and the Parent region. Base, Alabama. A proven leader, she was the and Teachers Association. She was a leader The Children’s Health Fund, a health care Top Recruiter in 1988 and 1991, and she re- in the successful effort to incorporate the City provider and advocacy group, is not the only ceived the Recruiting Standard of Excellence of South El Monte, as well as a leader in the

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MY8.005 E02MYPT1 ycherry on PROD1PC64 with REMARKS May 2, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E675 successful campaign to establish El Monte as educational, and governmental organizations Workers, and earlier this week Michigan State the true end to the Santa Fe Trail. such as Tesoro Savings and Loan, Mercy University named her the 2006 Outstanding During the past 25 years, Mrs. Felix has Hospital, and the Nuevo Laredo Chamber of Field Educator for the Flint Program. served as a member of the El Monte City Commerce. He also operated Mueblerias Mex- In addition to her work with Volunteer Serv- Parks and Recreation Commission, Property ico, the largest retail furniture and accessory ices, Sybyl is also a founding member of the Maintenance Commission, and Personnel business in Nuevo Laredo, for 65 years, be- Emergency Services Council, the Genesee Commission. She has also advocated on be- fore closing the business in 2002 to enjoy re- County Service Learning Coalition, the local half of small businesses to protect them from tirement with his wife, Sue, and his three chil- Americorps collaborative, and has found time damages from groundwater contamination, se- dren and four grandchildren. to work toward a master’s degree in Public curing relief for many small businesses. For his dedication and hard work in making Administration. As a member of the Com- Mrs. Felix’s commendable commitment to the Laredo business community stronger and mittee Concerned with Housing, she is cur- serving others has been expressed throughout better, he will be honored by the Junior rently studying the gaps in service in the her life not only through her work in the com- Achievement League in his induction as a lau- emergency housing sector. Sybyl works within munity, but also through her equally strong reate into the 2006 Business Hall of Fame. her neighborhood promoting the historic Car- dedication to her family and friends. Mr. Speaker, I am honored to have had this riage Town area and the propagation of Michi- As a resident of El Monte myself, I wish to time to recognize the bravery and dedication gan’s indigenous plants and grasses. express my sincere respect and appreciation of Leo Greenblum, and I thank you for this Mr. Speaker, Sybyl Atwood embodies the for Mrs. Felix’s contributions to our community. time. sentiments in her favorite quotation, ‘‘While f f there is a lower class, I am in it; while there is a criminal element, I am of it; while there is TRIBUTE TO EILEEN TOY SALUTE TO SYBYL ATWOOD a soul in prison, I am not free.’’ She is a champion of the poor, the helpless, and the in- HON. THADDEUS G. McCOTTER HON. DALE E. KILDEE nocent. I am proud of my association with her, OF MICHIGAN OF MICHIGAN grateful for the good that she does, and treas- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ure her inspiration, commitment and wisdom. The Flint community is a more humane place Tuesday, May 2, 2006 Tuesday, May 2, 2006 because of Sybyl Atwood. I ask the House of Mr. MCCOTTER. Mr. Speaker, I rise today Mr. KILDEE. Mr. Speaker, I rise today to Representatives to rise today and join me in to honor the achievements and mourn the pay tribute to a remarkable woman, Sybyl At- honoring this exceptional woman. passing of Eileen Toy, born August 28, 1928. wood. For the past 40 years Sybyl has been f For more than four decades, Eileen worked the linchpin of the social services community to improve the Michigan communities in which in my hometown, Flint Michigan. On May 11 NATIONAL WAR COLLEGE she lived. With her husband, Glen Toy of the she will be honored for her selfless work on CELEBRATES 60TH ANNIVERSARY Livonia Police Department, Eileen moved to behalf of the less fortunate at a dinner hosted Livonia, Michigan, during the 1950’s. After by the Resource Center in Flint. HON. IKE SKELTON graduating with honors from the University of Relocating to the Flint area after earning her OF MISSOURI Michigan with a Bachelors degree in Edu- Baccalaureate Degree in Community Develop- IN THE HOUSE OF REPRESENTATIVES cation, Eileen earned a Masters in Education ment from Central Michigan University, she Tuesday, May 2, 2006 Management degree from Eastern Michigan gathered together a group of volunteers on Mr. SKELTON. Mr. Speaker, let me take University. She went on to serve in the February 14, 1966 and founded the Volunteer this means to congratulate the National War Wayne-Westland Community schools as a Bureau. Serving as the chief executive officer College on 60 years of excellence in national teacher and an administrator. of the Bureau for more than 20 years, Sybyl security policy and strategic thinking edu- Eileen is remembered as a confidant to her defined its direction as an organization pro- cation. On April 5, 2006, I had the privilege to friends, an inspiration to her students, and moting volunteerism, grassroots community in- address the Commandant’s dinner in celebra- caregiver to her children, Laura, Glen, Carol, volvement and expanded delivery of social tion of this anniversary and I am proud to and Bruce. Her biting sense of humor, bril- services in the Flint area. The Bureau evolved share that speech with the Members of the liance, and quick-wit will sorely be missed, into the Voluntary Action Center in 1989 and House: Mr. Speaker, during her 77 years, Eileen Sybyl continued at its helm. After merging with Toy has enriched the lives of people around United Way, the Voluntary Action Center be- NATIONAL WAR COLLEGE 60TH ANNIVERSARY THE NEXT 60 YEARS her. Today, I ask my colleagues to join me in came part of the Resource Center. Sybyl con- tinues to head the Volunteer Services at the Ladies and Gentlemen, thank you. I am mourning her passing and remembering her honored that you asked me to be your speak- contributions to our community and our coun- Resource Center. er. And thank you, General Peterson for that try. Thousands of volunteers have benefited generous introduction. f from her training and guidance. She compiled First, I have to say Congratulations. What the Genesee County Community Sourcebook, you have built here is truly a national treas- TRIBUTE TO LEO GREENBLUM a reference book listing over 400 service ure. You can be proud, as the entire nation agencies in Genesee County. Sybyl is also re- should be, of this school and your product— HON. HENRY CUELLAR sponsible for assembling the information and because your product literally is the the publishing of the Emergency Assistance strength of this nation as we anticipate and OF TEXAS respond to world events. Among your stu- IN THE HOUSE OF REPRESENTATIVES Directory, the Youth Volunteer Opportunities dents and your faculty, you have educated Directory, and the Reduced Income Planning Tuesday, May 2, 2006 some of the finest strategists this country Guide. She also coordinates the weekly Vol- has ever produced. Mr. CUELLAR. Mr. Speaker, I rise today to unteer Here column in the Flint Journal and I was going to give a short speech. But honor Mr. Leo Greenblum for his induction as runs the Information and Referral Program. then I thought about the critical time we a laureate in the 2006 Laredo Business Hall of This program receives about 350 calls per live in and got excited all over again about Fame, and for his incredible dedication to the month from persons seeking emergency as- National War College. I don’t want to take too much time with serious thoughts, but it City of Laredo, Texas. sistance. is important to reflect on our past in order Leo Greenblum was born in 1923 in For her service to the community Sybyl has to respond to the challenges ahead. Augustow, Poland, and moved with his family received the American Society of Training and Sixty years ago, it was a novel idea—to to Tampico, Mexico, in 1926 in search of a Development Chapter Award for Service, City create a college that would focus on grand better life. His family later moved to Nuevo La- of Flint Human Relations Commission Peo- strategy and bring together a diverse stu- redo, where his brother, Irving Greenblum, ple’s Award, Genesee County Bar Association dent body and faculty—senior officers from was born. He graduated from Texas A&M Uni- Liberty Bell Award, Toastmaster International all the services and senior officials from the state department and, later, other agencies. versity with a chemical engineering degree in Regional Communication and Leadership This was a place where students were pre- 1946 after his military service in World War II. Award, the YWCA of Greater Flint Nina Mills sented with strategic dilemmas, with a cur- Mr. Greenblum has admirably served the Women of Achievement Award, the Rotary riculum that ‘‘focused on the interrelation- community of Laredo, Texas, through his Club’s Paul Harris Award, Citizen of the Year ship of military and non-military means in membership and work in several civic, social, Award from the National Association of Social the promulgation of national policy.’’

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A02MY8.009 E02MYPT1 ycherry on PROD1PC64 with REMARKS E676 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2006 In 1946 Ambassador George Kennan, the shows that what might appear to be tactical Is this impossible? Only if we’re wedded to first deputy for foreign affairs here, ex- mistakes are really strategic! And I’m con- machine age personnel systems. The Serv- plained that in those days of ‘‘transition and vinced, we are once more at a transitional ices and agencies need information age uncertainty,’’ there was little in the policy period in our history just as Kennan was human resource systems that can recruit, re- world being done on the relation between sixty years ago. tain, train and educate the innovative people war and politics. Kennan noted, ‘‘American Today we not only face the continuing we need in government and the military. thinking about foreign policy had been pri- transition from the industrial to the infor- And, we need a sufficient number of people marily addressed to the problems of peace, mation age, but we are also recognizing that in the Services and agencies if we are going and had taken place largely within the adversaries can capitalize on technologies in to build intellectual capital, fight these wars frameworks of international law and eco- unanticipated ways. As new technologies and prepare for the next catastrophe or con- nomics. Thinking about war, confined for the have increased the complexity of our world, flict. We have to have enough people to be most part to military staffs and institutions we see two other phenomena. Our adver- able to send exceptional military and agency of military training, had been directed . . . saries use tactics we would be familiar with leaders to be students or faculty in school to technical problems of military strategy if we studied history. And, with our focus on assignments. The cost of preparing for the and tactics—to the achievement, in short, of technology, we must not neglect the critical challenges of tomorrow pale in comparison victory in purely military terms.’’ dimension of human interaction. to the price we will pay if we are caught Kennan saw this school—its curriculum and This brings me to my real point. The chal- without the cadre of wise leaders we need for its student/faculty interaction—as a home lenges and opportunities before us place as the future. for the development of new strategic think- great an intellectual demand on our national You know, whenever I haven written the ing at the beginning of the Cold War. security professionals as at any time in our Chairman, or NDU President or you as Com- Through the years, National War College history. And while their understanding of mandants a letter, I have been pretty con- faculties have done a magnificent job teach- the art of war and international relations sistent in my questions. Do you select the ing national security policy and strategy. might be pretty good today, it must be even right officers and civilians to serve as fac- This College’s special place among the senior better tomorrow. And it must be broader. It ulty and in the right balance? Have you kept schools of Professional Military Education must be even better integrated across all the your faculty to student ratio low with 10–12 has been based on your attention to grand instruments of national power. And it must students per seminar? Are you emphasizing strategy. As Lieutenant General Leonard T. be more expansive to include nontraditional history, political science and foreign area Gerow—President of the Board which rec- national security partner agencies and de- studies? Does the faculty have these creden- ommended the War College’s formation— partments, as well as more and different for- tials? Do you have the resources to ensure said, ‘‘The College is concerned with grand eign partners. your students are able to conduct field or re- strategy and the utilization of national re- Beyond the employment of joint forces, be- gional studies? Do your resources enable fac- sources necessary to implement that strat- yond the effort to pursue the newest tech- ulty to contribute to national strategy and egy . . . Its graduates will exercise influence nologies of the science of warfare, you know policy through research and sabbaticals? Do on the formulation of national and foreign that National War College graduates must be you stay relevant by using real world and policy in both peace and war.’’ It has also prepared not just to adopt technical trans- historical case studies? Have you fully inte- been based on your insistent attention to formation, but also must understand the art grated your reserve component, civilian and academic rigor. And, your excellence has of statecraft as well as war. foreign students? been based on the inclusion, from the begin- While I do not pretend to understand the To me these are not academic questions, if ning, of interagency and international stu- Future Combat System or the avionics of the you will pardon the expression. These are dents. These elements of excellence, in the F–22, I do know they will be useless unless about the character and the continued rel- context of a residential program that builds we have wise leaders who know the value of evance of this school. lasting ties between officers of different all the instruments of national power and Let me be clear. We know that the Na- services, different countries and different have the skills to use them at the appro- tional War College has no counterpart agencies, is unmatched anywhere. priate times and in the appropriate combina- among civilian universities. Not Harvard, Congress has been supportive of your con- tions. I know it’s easy to measure the in- not Princeton, not Stanford—none of them tinuing advances in all these areas. I guess I creased payloads and speeds brought by new has a faculty, or curriculum or student body don’t have to remind you of my role in the technology. But while it’s difficult to quan- remotely comparable. This College must be Goldwater-Nichols reforms to increase tify the value of a Kennan, a Powell, or a protected and supported as the elite institu- ‘‘jointness’’ among the services and my in- Pace, it’s more important than ever to rec- tion it is. The nation’s future security re- vestigations of the Professional Military ognize the value of our best strategists. quires it. The quality of the faculty, of the Education system. As we used to say about jointness, ‘‘this instruction, of the curriculum, of the stu- But we can’t rest here. Keeping your insti- can’t be a pick up game.’’ Now, it’s our inter- dents must not be compromised. A false tution relevant and on the sharp edge takes agency planning and operations, and our choice must never be forced on us between the constant attention of Congress and the focus on a broader definition of national se- spending on current operations and new mili- Chairman in support of each new Com- curity that must not be ad hoc or ‘‘come as tary technologies, and investing in the edu- mandant, and Dean, and the faculty. you are.’’ cation of our future premier national strate- Your graduates test your teaching every What would help? I want to challenge the gists. day in a very complex environment. Senior Services and other agencies, to design sys- For sixty years the National War College decision makers have made some mistakes tems that deliberately select the right peo- has been the crown jewel of Professional that have increased the difficulty of their ple for the right level of professional edu- Military Education. Since the days when missions. I know the current students review cation and the right school for strategic President Harry Truman sat in student semi- successes and difficulties as case studies so studies. They should be able to articulate nars to learn about the Soviet Union, this they will be even better prepared. But while why they send one person to Air, Naval or College has been the place where strategic today’s wars demand our focus, we need to be Army War College and another to this Col- thinking has been nurtured, taught and re- careful we don’t become so myopic that we lege or ICAF, or to a Fellowship. At the fined. At a historic moment of great chal- fail to see the great challenges and opportu- same time, they need to place a real value on lenge and peril George Kennan, worked in nities ahead. how well their members take on what is this building, to formulate the containment One challenge is that, with all our ad- taught. Your graduates’ future assignments strategy that ultimately won the Cold War vanced technology, when we still have fail- should not only reflect that they went to the without a nuclear exchange. Today, at an- ures. I believe this is because we are ill- premier interagency national security strat- other moment of great challenge, the need equipped intellectually and because we don’t egy institution. Their selection for com- for strategic direction and thinking could work together well enough. Our successes mand, senior leadership, and interagency po- not be greater. The price of failure is far too are achieved because our most astute mili- sitions should be based in greater measure high. We have to get it right. We have to tary and civilian leaders understand people, on how well they perform here. Did National have wise people, with the right education, cultures, and root causes of problems or con- War College Distinguished Graduates and in the right positions, to think through these flicts. And they anticipate opportunities. In outstanding faculty get treated any dif- challenges and take action in concert. Iraq, Afghanistan, the global war on terror, ferently by their Service detailers or their When you think about all the political de- and even with Katrina and beyond, human agency human resource directors than those bates, the expedient compromises, and the interactions have caused great uncertainty who did not do quite as well, or as those who resource trade-offs that take place in this for our security at home and abroad. Just were not selected for this outstanding edu- town each day, it’s a miracle that a college these few examples show why any success we cation? Perhaps they went back to the very of this quality has been able to survive and have is not just a matter of doctrine and same job they were doing. This is what I prosper within the larger bureaucratic con- technology. mean when I have spoken about the Services fines of the government. In a more imme- We can all think about failures among taking intellectual performance at PME se- diate sense, I have always been concerned leaders at transitional periods such as Rob- riously. This is what I mean when I critique that bureaucracies can kill even the health- ert E. Lee at Gettysburg. He failed to grasp them for not promoting officers who have ex- iest intellectual organization. A college such the impact on war of the transition from an celled teaching or studying world affairs and as this can decline and die if bureaucracies agricultural to an industrial age. This lesson the art of war and politics. and administrative arms bloat while they

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A02MY8.014 E02MYPT1 ycherry on PROD1PC64 with REMARKS May 2, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E677 cut corners, dumb down, impose numbing So, we enjoy a celebration tonight, but to- During decades of deal making, he built one uniformity, enshrine group think, stand- morrow we must start again to renew and re- of the most powerful and influential finan- ardize mediocrity or gorge themselves on the invigorate this great project of creating na- cial institutions in the world. resources meant to be spent on the real stuff tional security strategists. Given your his- Today, at the annual Citigroup shareholder of education—the interaction between small tory, and the imperative for the future, I am meeting at Carnegie Hall, Mr. Weill, 73, will groups of faculty and students wrestling confidant this College’s faculty and students cross the stage and take his final bow as with the profound issues of the day. are up to this challenge. chairman. The National War College has always em- Thank you for including me in your cele- Looking tan and fit thanks to a new diet bodied something unique. As I look at you bration. I welcome your continued engage- regimen (exercise, no bread, no butter and, leaders of this college during different eras ment on these issues. for good measure, no gin), a spirited and jok- ing Mr. Weill insisted that while he intended of war and peace, I sense a continuity of in- f tellectual engagement and energy in these to keep a close eye on the company and its historic halls. It is called excellence. A FAREWELL TO CITIGROUP stock price, he was ready to retire. Why is it here? Yes, you have an out- WEILL BUILT A GIANT A DEAL ‘‘I think it’s now time for me to turn the page and go to the next chapter of my life,’’ standing faculty, and superior students, an AT A TIME ever adapting curricula and your wonderful Mr. Weill said yesterday. ‘‘I’ve hung around location here in Washington. long enough as the chairman, and I think the But the key, from the beginning—the ge- HON. CHARLES B. RANGEL company will be well served by having the nius of General Eisenhower’s vision—is that OF NEW YORK chairman and the C.E.O. being the same per- experienced professionals from various back- IN THE HOUSE OF REPRESENTATIVES son.’’ Mr. Weill’s successor, Charles O. Prince III, grounds and come together, over an extended Tuesday, May 2, 2006 period of time, to learn from each other, and the chief executive, assumes the post of to tackle problems together in an environ- Mr. RANGEL. Mr. Speaker, I rise today to chairman today. Citigroup, to be sure, is not ment that fosters understanding. This is one commend the now retired Citigroup chairman sending Mr. Weill away with nothing more than a gold watch and a big thank-you. A institution that has had no agenda other Sanford I. Weill for achieving the status as than to make wise and thoughtful leaders. In black-tie invitation-only party was held last one of the most powerful financiers this Nation night at the Temple of Dendur in the Metro- the current atmosphere of partisan tensions, has ever seen. Mr. Weill is credited as being this College remains a refuge from the bu- politan Museum of Art. About 350 of New York’s political, financial reaucratic skirmishes and wars. the architect of a global financial powerhouse and cultural elite were expected to attend, As the first War College Commandant, Ad- from his many business deals and mergers, including James Dimon of J. P. Morgan miral Harry T. Hill explained, his intention especially the merger of Citigroup and Trav- Chase; Philip J. Purcell, the former chief of was to ‘‘make the students ponder’’, to give elers in 1998. Morgan Stanley; the Rev. Jesse Jackson; and the students practical problems upon which Sanford I. Weill is the true embodiment of the cellist Yo-Yo Ma. Guests nibbled on tiny to think and arrive at individual conclu- the American dream. A youth growing up in treats and toasted Mr. Weill’s storied career. sions. Brooklyn during the 1940s, Weill changed the The celebration was as much about Mr. This is a safe space for men and women to Weill’s charitable activities—for Carnegie engage each other in the search for a better way business deals were brokered. The retire- Hall, the Joan and Sanford I. Weill Medical understanding of each others’ agencies and ment of Sanford I. Weill has been called by College of Cornell and a national education departments. They can gain a true apprecia- many as an ‘‘end of an era’’, a time when Wall initiative—as it is about his leadership of tion of the character and conduct of war, the Street seemed to be increasingly dominated Citigroup. complexity of strategy, and the utility of the by hedge funds and private equity firms run by The party also seemed to suggest the pass- diplomatic, political and economic instru- nameless and faceless yet powerful financial ing of an era. At a time when Wall Street ments of state. Your product is strategists. brokers. Weill is among the last of the classic seems to be increasingly dominated by hedge They are still critical to our future. deal makers who broke many of the rules and funds and private equity firms run by name- I can see this in your graduates . . . Gen- rewrote history on Wall Street as never seen less and faceless yet undoubtedly powerful eral Pace, our Chairman; General Martin financiers, Mr. Weill, once a volatile and in- Dempsey on the ground now in Iraq; David before. Mr. Weill does not plan to return to Citigroup secure boy from Brooklyn, is a throwback. Sedney, our first senior State Department He is among the last of the classic deal mak- officer in Afghanistan after 9/11 and now dep- and has since passed on the corporation to ers who broke many of the rules and rewrote uty chief of mission in China; Buzz Mosley, his successor, Charles O. Prince III the cur- history on Wall Street. Chief of Staff of the Air Force . . . generals, rent chief executive. As for Mr. Weill’s retirement nest egg, it is ambassadors, foreign military officers, and Retirement for Mr. Weill now consists of an all but layered in gold. After earning nearly interagency leaders. Even one of our newest array of philanthropic endeavors such as $1 billion from salary, bonuses and options Armed Services Committee staffers, Lorry doing work for the National Academy Founda- cashed in over the last decade, Mr. Weill will Fenner, is a former member of your faculty tion, a nationwide network of career-themed receive a pension worth more than $1 million and a National War College graduate. I could a year. go on and on . . . ‘‘schools within schools’’ that he established, Under a 10–year consulting contract with This is a proud tradition and serves as the Carnegie Hall, where he has been chairman Citigroup, he will earn a daily rate of $3,846 foundation for the next 60 years ahead. I for the last 15 years and the Weill Cornell for dispensing advice for up to 45 days a year. hope the War College will continue to lead Medical College. Weill also wishes to involve Citigroup will also cover the costs of a car the way in inter-agency and inter-service himself in health relief efforts for people in Af- and driver, health and dental insurance for strategic education. As we broaden our defi- rica, a continent with compelling needs to him and his wife, Joan, and rent for an office nition of the national security community to which Mr. Weill’s compassion and success in the General Motors Building, as well as include homeland defense and increased administrative support. international cooperation, I hope that the has been drawn and which can only benefit Mr. Weill, meanwhile, will continue to fly War College model and experience can be from his commitment and energy. at no charge on Citigroup jets for the next 10 used to broaden government’s approach to I am pleased to enter into the CONGRES- years. (He voluntarily reduced that benefit, our nation’s challenges. SIONAL RECORD an article published in the which originally was to allow him free access George Kennan, typing away in his office New York Times on Tuesday April 18, 2006 to the Citigroup fleet for life.) right next door to this room, charted a strat- entitled, ‘‘A Farewell to Citigroup’’, for its rec- One thing Mr. Weill insists he is not going egy to meet a past threat . . . a policy that ognition of Mr. Weill for the many years that to do in retirement is start a private equity endured and was adapted, through Adminis- he has put into Citigroup and also for his com- fund. Last summer, Mr. Weill landed in a trations of both parties. You all have been white-hot media glare after he approached the watchful guardians of this heritage. mitment to philanthropy thereafter. the board about starting such a fund. The I want to challenge you tonight continue A FAREWELL TO CITIGROUP board decided that such an endeavor would to work with us in Congress and at this Col- (By Julie Creswell and Eric Dash) be competitive and told Mr. Weill that, if he lege to think about how to improve inter- Entering his sun-filled office in Citigroup’s left early to pursue it, he would have to agency planning and operations to defeat our Manhattan headquarters, Sanford I. Weill forgo some retirement perks. Mr. Weill ulti- adversaries and to capitalize on opportuni- punched a few buttons on a computer near a mately decided not to pursue the venture, ties. Lend your wisdom to the significant window before looking over his shoulder and and he said he had not changed his mind. questions we face today—should we be work- smiling broadly. When asked if he had just ‘‘They ended up doing me a big favor. ing on a National Security Act for 2007 or looked at Citigroup’s stock price, he Knowing my personality, whatever I’m going 2009? How can we adapt a Goldwater-Nichols shrugged his shoulders as if to suggest he to get involved in, that rush is going to come type reform to the interagency process? could not help himself. again that we have to do it the best,’’ Mr. These are only two of the topics we wrestle ‘‘It’s up 35 cents; it’s a good day,’’ he Weill said. ‘‘I wanted to do something dif- with. You can see how significant they are noted. ferent, and this gives me the opportunity to and imagine the sustained, long term effort For years, Mr. Weill and Citigroup were, do it.’’ Despite reports last summer of grow- they will require. for all intents and purposes, synonymous. ing tensions between him and his successor,

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A02MY8.018 E02MYPT1 ycherry on PROD1PC64 with REMARKS E678 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2006 Mr. Weill said he believed the company—and flourish in her career goals and all aspects of Club, the Salvation Army, the March of Dimes, his legacy—was in strong hands. her life. and the United Way. For his dedication and f f hard work in making the Laredo business community stronger and better, he will be hon- A SPECIAL RECOGNITION OF THE TRIBUTE TO ROBERT A. DEMATTIA VOLUNTEERS OF SPAWAR ored by the Junior Achievement League in his induction into the 2006 Business Hall of Fame. HON. THADDEUS G. McCOTTER Mr. Speaker, I am honored to have had this HON. HENRY E. BROWN, JR. OF MICHIGAN time to recognize the bravery and dedication OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES of Adolfe E. Gutierrez, and I thank you for this IN THE HOUSE OF REPRESENTATIVES Tuesday, May 2, 2006 time. Tuesday, May 2, 2006 f Mr. MCCOTTER. Mr. Speaker, I rise today Mr. BROWN of South Carolina. Mr. Speak- to congratulate Robert A. DeMattia upon his TRIBUTE TO JOHN HIGHTOWER er, I am honored to recognize a group of vol- nomination to the Plymouth Community Hall of unteers serving at SPAWAR Charleston in the Fame. First Congressional District of South Carolina. HON. DALE E. KILDEE DeMattia’s tireless efforts on behalf of the Volunteering is a powerful force for the solu- OF MICHIGAN people of Plymouth have brought him this well tion of human problems, and the creative use IN THE HOUSE OF REPRESENTATIVES deserved recognition. Demonstrating his entre- of human resources is essential to a healthy, preneurial acumen, DeMattia founded the Tuesday, May 2, 2006 productive and humane society. DeMattia Group in 1978. The DeMattia Group Mr. KILDEE. Mr. Speaker, I rise before you Our nation’s heritage is based on citizen in- has been involved in pioneering commercial today with a heavy heart, as I ask my col- volvement and citizen participation. Vol- and industrial business park development. By leagues in the 109th Congress to join me in unteerism is of enormous benefit in building a his design, development, and construction, honoring the life and accomplishments of a re- better community and a better sense of one’s DeMattia has been involved in creating hun- markable man and a dear friend, Mr. John own well being. Many agencies that benefit from volunteers dreds of facilities in Plymouth Township. Mr. Hightower. Mr. Hightower passed away at the will be participating in programs to show ap- DeMattia’s vision and leadership have helped age of 80 on Tuesday, April 25, after a long preciation and recognition to the many volun- lead Plymouth into a prosperous future. illness. I am deeply saddened by this loss, for teers among our citizenry who possess many Of equal import and impact are Mr. John and his family have been inspirations to skills and talents which they generously and DeMattia’s philanthropic efforts. Whether as- many throughout the City of Flint, as well as enthusiastically apply to a variety of commu- sisting with our local parks or working on the the county, state and nation. nity tasks; and to encourage others to partici- behalf of children through the Plymouth It is difficult to imagine what the landscape pate in programs as volunteers Kiwanis Club, DeMattia has donated his time of my hometown of Flint, Michigan, would be I encourage all SPAWAR Charleston em- and efforts to enrich the lives of others. Let us, like, had John Hightower not moved here from ployees to get involved in serving others. I then, commend Mr. DeMattia for his contribu- St. Louis in 1952. An Army veteran, John charge those interested citizens to observe tions to our community and his induction into started working at the Buick Foundry, where this day by seeking some area in the commu- the Plymouth Community Hall of Fame. he also served as committeeman at UAW nity in which they can devote a few hours f Locals 599 and 659. His relationship with Buick was shortlived, as he lost his job after each week and give aid to people or programs TRIBUTE TO ADOLFO E. in need. I wish you all the best! confronting a supervisor who had made a ra- GUTIERREZ cial slur. For John, this became a new oppor- f tunity rather than a setback; following the inci- RECOGNIZING THE CONTRIBU- HON. HENRY CUELLAR dent, he opened Hightower Electronics and TIONS OF ANELA FREEMAN OF TEXAS Construction Company. This also served as IN THE HOUSE OF REPRESENTATIVES the catalyst to his becoming one of the area’s HON. HILDA L. SOLIS Tuesday, May 2, 2006 foremost civil rights proponents. He joined oth- OF CALIFORNIA ers across the country in the March on Wash- Mr. CUELLAR. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES ington and the march from Selma to Mont- honor Mr. Adolfo E. Gutierrez for his induction gomery, Alabama. He brought the lessons he Tuesday, May 2, 2006 as a laureate in the 2006 Laredo Business learned from those experiences home and Ms. SOLIS. Mr. Speaker, I rise today to Hall of Fame, and for his incredible dedication fought for racial equity in the local job market, mark the departure of a key member of my to the City of Laredo, Texas. against unfair housing practices, and in- staff, Anela Freeman. Anela is a Senior Field Adolfo E. Gutierrez was born and raised in creased funding for the Flint Public Library. Representative/Grants Coordinator in my El Laredo, Texas. He graduated from J.W. Nixon Mr. Speaker, the impact John Hightower Monte office who is leaving my staff this Fri- High School in 1974 and graduated from made in the City of Flint is one that will be felt day to pursue graduate education. Texas A&M University in 1977. Shortly after by its residents for generations to come. His Anela is an only child and was raised by a graduation, he started his first four busi- loss will leave a great void, but his legacy will single mother. She became one of the first nesses, Melanie’s Auto Sales, Clark Car Clin- endure forever. I personally am grateful to members of her family to earn a college de- ic, Fancy G Iron Works, and later, 3–G Elec- have had the opportunity to call John my con- gree when she graduated from the University trical Supply which he opened using the stituent, my colleague, and my friend. I am a of Southern California in 2001 with a Bachelor money from his first three businesses, at age better Congressman, a better citizen, and a of Arts in International Relations. 21 in Laredo. better human being for having known him. I Anela was hired as a Staff Assistant in my In 1979, Mr. Gutierrez married his high ask my colleagues in the House of Represent- El Monte office on April 20, 2003. Anela ac- school sweetheart, Mary Alice York, and the atives to please join me in paying tribute to his cepted her role with great responsibility and couple have three children, Mary Kathryn, legacy. maturity. She quickly learned the importance Adolfo Jr., and Amanda Leigh. At just thirty- f of providing high quality constituent services nine years of age, Mr. Gutierrez joined Falcon and her efforts undoubtedly helped to improve National Bank as President and CEO. THE GREAT REVULSION the quality of life of residents in my district. Under his leadership, Falcon Bank grew Anela is a dedicated and capable individual. from 20 employees and $52 million in assets HON. CHARLES B. RANGEL She is also a team player who has effectively to 245 employees and over $500 million in as- OF NEW YORK established collaborative partnerships between sets, and includes offices in San Antonio, IN THE HOUSE OF REPRESENTATIVES my office and local community-based organi- Eagle Pass, Buda, McAllen, Del Rio, and of- zations. Through her efforts, I have been able fices in Guadalajara and Monterrey in Mexico. Tuesday, May 2, 2006 to provide grant workshops, grant-writing sem- Mr. Gutierrez has admirably served the Mr. RANGEL. Mr. Speaker, I rise today to inars, and financial literacy forums for my con- community of Laredo, Texas, through his introduce into the CONGRESSIONAL RECORD a stituents. membership and work in several civic, social, piece by New York Times columnist Paul Although my staff and I will miss Anela, I educational, and governmental organizations Krugman because I believe it is well worth our wish her much success and know that she will such as the Laredo Under Seven Flags Rotary reading and consideration because of its

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MY8.022 E02MYPT1 ycherry on PROD1PC64 with REMARKS May 2, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E679 thought- provoking attempt to discuss the dis- grace seem like an accident, or the result of IN HONOR OF THE 75TH ANNIVER- content felt by the American people regarding specific missteps. That gets things back- SARY OF THE EMPIRE STATE the Bush Administration. ward. In fact, Mr. Bush’s temporarily sky- BUILDING He mentions a point in time when Ameri- high approval ratings were the aberration; cans will realize that, ‘‘their good will and patri- the public never supported his real policy HON. JERROLD NADLER agenda. otism have been abused, and put a stop to OF NEW YORK this drive to destroy much of what is best in Remembering, in 2000 Mr. Bush got within IN THE HOUSE OF REPRESENTATIVES our country’’. Krugman rightly calls this hope hanging-chad and felon-purge distance of the Tuesday, May 2, 2006 of his, ‘‘The Great Revulsion’’. With Bush’s White House only by pretending to be mod- poll numbers in constant decline, are Ameri- erate. In 2004 he ran on fear and smear, plus Mr. NADLER. Mr. Speaker, I rise today to cans finally getting the picture, he asks? Bush, the pretense that victory in Iraq was just honor the 75th anniversary of the opening of at the time after the September 11th attacks in around the corner. (I’ve always thought that the Empire State Building, one of New York New York and Washington, D.C., scored with the turning point of the 2004 campaign was City’s most recognizable landmarks and an the American people at a solid 70 percent ap- the September 2004 visit of the Iraqi Prime iconic fixture of the City’s skyline. This land- proval. However, Bush’s numbers are only at Minister Ayad Allawi, a figurehead ap- mark building, located in my district, stands as a declining 33 percent today according to the pointed by the Bush Administration who re- a testament to the indomitable spirit of New latest Fox News poll. warded his sponsors by presenting a falsely York and the capacity of mankind to achieve Some of the reasons for Bush’s poor num- optimistic picture of the situation in Iraq. the extraordinary. bers are because of failure to adequately re- The real test of the conservative agenda The Empire State Building, designed by the spond to the enormous need caused by Hurri- came up after the 2004 election, when Mr. architectural firm Shreve, Lamb and Harmon, cane Katrina, the prescription drug debacle as Bush tried to sell the partial privatization of officially opened on May 1, 1931. Construction Krugman called it and the disaster in Iraq. Social Security. required 60,000 tons of steel and more than seven million man-hours, providing thousands With the recent resignation of Scott McClellan Social Security was for economic conserv- as President Bush’s Press Secretary, there is atives what Iraq was for the neocons; a soft of jobs in the midst of the Great Depression. a sign that something terribly has gone wrong. target that they thought would pave the way Renowned pictures of the workers dangling It certainly is not surprising to see so many for bigger conquests. And there couldn’t above the city remain among the most striking jumping ship from the embattled administra- have been a more favorable moment for pri- photos of the era. Upon its completion, the tion. vatization than the winter of 2004–2005: Mr. Empire State Building became the tallest The piece also acknowledged the stark re- Bush loved to assert that he had a ‘‘man- building in the world, measuring a staggering ality that the Bush Administration has no real date’’ from the election; Republicans held 1,454 feet. policy on Social Security. His idea about solid disciplined majorities in both houses of Although taller buildings have since stripped privatizing Social Security was one issue that Congress; and many prominent political pun- it of its title, the 102-story structure continues the American public put up strong opposition dits were in favor of private accounts. to delight and amaze, and following the at- to and it failed. The American people are real- Yet Mr. Bush’s drive on Social Security tacks of September 11, it is once again the izing the potential power that they have. There ran into a solid wall of public opposition, and tallest building in New York City. The Empire indeed is a need for a ‘‘Great Revulsion’’ to collapsed within a few months. And if Social State Building has also become ingrained in wake up this nation from its deep sleep of Security couldn’t be partly privatized under the popular culture by its presence in such blind faith in President Bush and his Repub- these conditions, the conservative dream of movies as King Kong, and An Affair to Re- lican leadership team. dismantling the welfare state is nothing but member. Last year, 3.7 million people flocked I enter into the RECORD the article published a fantasy. to the observation decks for their breathtaking in the New York Times by Paul Krugman for So what’s left of the conservative agenda? views of New York. its push to make the American people aware Not much. True to its gritty roots, the Empire State of their strength. To instill within them the un- Building remains a working building: Every derstanding of the wrongs committed by the That’s the prediction for the midterm elec- day, more than 20,000 people report to work tions. The Democrats will almost surely Bush Administration and his supporters. there, passing through the Art Deco lobby that make gains, but the electoral system is Krugman is calling for a move toward account- portrays the Empire State Building as the rigged against them. The fewer than 8 mil- ability, if not from the Congress, then from the eighth wonder of the world and the center of American people as November approaches. lions residents of what’s left of Red America are represented by eight U.S. senators; the the universe. At dusk, the world famous tower [From The New York Times April 21, 2006] more than eight million residents of New lights come on to commemorate national holi- THE GREAT REVULSION York City have to share two senators with days and special events of importance to New (By Paul Krugman) the rest of New York State. Yorkers. ‘‘I have a vision—maybe just a hope—of a The heart and soul of New York City is em- great revulsion: a moment in which the Meanwhile, a combination of accidents and bodied in the Empire State Building. From design has left likely Democratic voters American people look at what is happening, those who fell in love there to those who have bunched together—I’m tempted to say ghet- realize how their good will and patriotism returned with their children and grandchildren, have been abused, and put a stop to this toized—in a minority of Congressional dis- drive to destroy much of what is best in our tricts, while likely Republican voters are everyone recognizes the Empire State Build- country.’’ more widely spread out. As a result, Demo- ing as an unparalleled emblem of the Amer- I wrote those words three years ago in the crats would need a landslide in the popular ican spirit. I am proud to honor the Empire introduction to my column collection, ‘‘The vote—something like an advantage of 8 to 10 State Building on the occasion of its 75th anni- Great Unraveling.’’ It seemed a remote pros- percentage points over Republicans—to take versary. pect at the time: Baghdad had just fallen to control of the House of Representatives. f U.S. troops, and President Bush had a 70 per- That’s a real possibility, given the current cent approval rating. CELEBRATING THE 150TH ANNI- polls, but by no means a certainty. Now the great revulsion has arrived. The VERSARY OF ZION UNITED latest Fox News poll puts Mr. Bush’s ap- And there is also, of course, the real pros- METHODIST CHURCH OF WEST proval at only 33 percent. According to the pect that Mr. Bush will change the subject WALWORTH polling firm Survey USA, there are only four by bombing Iran. states in which significantly more people ap- prove of Mr. Bush’s performance than dis- Still, in the long run it may not matter HON. JAMES T. WALSH approve: Utah, Idaho, Wyoming and Ne- that much. If the Democrats do gain control OF NEW YORK of either house of Congress, and with it the braska. If we define red states as states IN THE HOUSE OF REPRESENTATIVES where the public supports Mr. Bush, Red ability to issue subpoenas, a succession of America now has a smaller population than scandals will be revealed in the final years of Tuesday, May 2, 2006 New York City. the Bush Administration. But even if the Re- Mr. WALSH. Mr. Speaker, I rise today in The proximate causes of Mr. Bush’s plunge publicans hang on to their ability to stone- recognition of the 150th Anniversary of Zion in the polls are familiar: the heck of a job he wall, it’s hard to see how they can resurrect United Methodist Church of West Walworth, did responding to Katrina, the prescription their agenda. drug debate and above all, the quagmire in Wayne County, New York. For 150 years, the Iraq. In retrospect, then, the 2004 election looks Zion United Methodist Church has offered a But focusing too much on these proximate like the high-water mark of a conservative place of worship and services to the area in causes makes Mr. Bush’s political fall from tide that is now receding. and around Wayne County.

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MY8.028 E02MYPT1 ycherry on PROD1PC64 with REMARKS E680 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2006 Through its rich history, the church has national Bancshares Corp. and International Mr. Speaker, I am asking the House of Rep- served the community by providing a place to Bank of Commerce. He currently serves as resentatives to join me in congratulating the make great memories that range from bap- president and founding member of the Laredo Bay City Branch of the NAACP for 50 years of tisms to weddings. To honor the church’s 150 Area Community Foundation. For his dedica- commitment to social justice. The members year celebration Zionist Methodist has planned tion and hard work in making the Laredo busi- are to be commended for their steadfast fight various events such as a church picnic, pot- ness community stronger and better, he will against racial hatred and I pray that together luck suppers, and culminating with a special be honored by the Junior Achievement we will eliminate this scourge from our nation gala dinner in the fall. League in his induction into the 2006 Business and the world. This yearlong celebration will truly be a re- Hall of Fame. f markable experience to the Zion Methodist Mr. Speaker, I am honored to have had this TRIBUTE TO MAYOR EDDIE O. congregation and all those who participate. A time to recognize the bravery and dedication REED true prominent staple to the area, I wish the of Irving Greenblum, and I thank you for this Zion Methodist Church of West Walworth time. many more years of service and success. f HON. TOM COLE OF OKLAHOMA f THE 50TH ANNIVERSARY OF THE IN THE HOUSE OF REPRESENTATIVES NAACP BAY CITY BRANCH TRIBUTE TO JAMES VERMEULEN Tuesday, May 2, 2006 HON. THADDEUS G. McCOTTER HON. DALE E. KILDEE Mr. COLE of Oklahoma. Mr. Speaker, I rise OF MICHIGAN to commend Mayor Eddie O. Reed, who is re- OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES tiring as Mayor of Midwest City after many IN THE HOUSE OF REPRESENTATIVES years of public service. Tuesday, May 2, 2006 Tuesday, May 2, 2006 In this country we are fortunate to have pub- Mr. KILDEE. Mr. Speaker, I would like to lic servants of Mayor Reed’s caliber. All too Mr. MCCOTTER. Mr. Speaker, I rise today take this opportunity to honor the Bay City often we take such individuals for granted. to congratulate James Vermeulen, Sr. upon Branch of the National Association for the Ad- Most of the rest of the world is not so lucky, his nomination to the Plymouth Community vancement of Colored People as it celebrates so I take this opportunity to praise a man who Hall of Fame. 50 years as a dedicated champion of civil as Mayor of Midwest City has been an excel- Having served as President of the Plymouth rights. On June 2, 2006 the members of the lent public servant who has made life better Kiwanis Club, and currently serving as a Bay City Branch will come together to revere for his community and its people. Kiwanis Foundation board member, its founding members and renew its commit- Eddie Reed has been Mayor of Midwest Vermeulen has striven to help children. But he ment to justice for all. City since 1993. As Mayor, he has improved has done much more. Vermeulen has held the Roy Wilkins chartered the first branch of the public safety, city streets, and drainage in Mid- post of Director for the Salvation Army, in NAACP in Bay City in 1918. This was at a west City. Indeed, building on the work of his which capacity he has endeavored to assist all time when the NAACP was instrumental in father, who also served as Mayor of Midwest who are less fortunate than he. Indeed, every convincing President Woodrow Wilson to pub- City, Eddie Reed has transformed his city, December, Vermeulen is instrumental in rais- licly denounce lynching. The Branch was dis- making it an engine of economic growth in our ing money through the Salvation Army’s bell- banded but it was re-chartered in 1938 by At- state. All of his many successes have resulted ringing project. Whether serving with the torney Oscar Baker Sr. and chartered a third from his skill at building partnerships and Kiwanis Club, Salvation Army, or simply help- time in 1946. bringing people together. ing a neighbor in need, Vermeulen has dem- In 1955, NAACP member Rosa Parks was Mr. Speaker, under Mayor Reed’s leader- onstrated exemplary compassion and leader- arrested for refusing to give up her seat on a ship, many quality of life improvement projects ship. Montgomery Alabama bus and one of the larg- have been completed. These include the Mar- Let us commend James Vermeulen, Sr. for est grassroots civil rights movements was ion C. Reed Baseball Complex, the new Sen- his dedication to bettering our community and born. The NAACP was at the forefront of this ior Citizens Center opened in 1999, and the our country, and for his induction into the struggle and Reverend Obie Matthew, Pastor renovation of the John Conrad Regional Golf Plymouth Community Hall of Fame. of the Second Baptist Church, organized the Course. Mayor Reed has also improved Mid- f present Bay City Branch the following year on west City’s infrastructure including a new October 8, 1956. 50 years later the Branch is water tower, a widened Post Road between TRIBUTE TO IRVING GREENBLUM still fighting for equality of all citizens. SE 29th Street and 15th Street, and a recon- The Bay City Branch has led the fight structed intersection at East Reno and SE HON. HENRY CUELLAR against discrimination in housing, education, 15th Street. OF TEXAS employment, healthcare, and the criminal jus- Perhaps the most important accomplishment of Mayor Reed’s, over the course of his distin- IN THE HOUSE OF REPRESENTATIVES tice system. Some of its notable fights were the Migrant Negroes from Georgia Case, the guished career, was his successful role in the Tuesday, May 2, 2006 Bay County Skating Rink Case in the 1960s, BRAC process. The importance of his work in Mr. CUELLAR. Mr. Speaker, I rise today to the Woolworth 5 & 10 Store Sit-in, the hiring protecting Tinker Air Force Base, and the im- honor Mr. Irving Greenblum for his induction of the first African American teachers by the pact that has for the economy of Midwest City as a laureate in the 2006 Laredo Business Bay City School District, and the inclusion of and for all of central Oklahoma, simply cannot Hall of Fame, and for his incredible dedication a Black History Class in the Bay City Central be overstated. to the City of Laredo, Texas. High School curriculum. The Branch has given Mr. Speaker, I want to conclude by giving Irving Greenblum was born in 1929 in away more than 70 scholarships to high the Mayor the highest compliment anyone can Nuevo Laredo, Mexico, and moved with his school students. They have supported CORY ever give a public servant: After 13 years as family as a young boy to the City of Laredo. Place, sponsored a summer USDA Food and Mayor, Midwest City is in even better shape at He graduated from Martin High School in 1946 Activity program for children, and worked with the end of his term than it was at the begin- and later graduated from the University of other local agencies to improve the living con- ning. That is the best monument to his Texas in 1950 with a degree in Latin-American ditions in Bay City. achievements. I wish him and his wife, Julie, economics. The hymn, ‘‘Lift Every Voice and Sing,’’ was the best in their new life. Mr. Greenblum has admirably served the written by James Weldon Johnson in 1900. In f community of Laredo, Texas, through his it he wrote, ‘‘Sing a song full of hope that the INTRODUCTION OF ‘‘NETWORK membership and work in several civic, social, present has brought us; Facing the rising sun NEUTRALITY ACT OF 2006’’ educational, and governmental organizations of our new day begun, Let us march on till vic- such as the Banco BCH, Laredo Philharmonic, tory is won.’’ Under the current leadership of Children’s Museum, San Antonio Manor Home President Idella White, the Bay City Branch is HON. EDWARD J. MARKEY OF MASSACHUSETTS for the Aged, Ruth B. Cowl Rehabilitation Cen- marching on in the fight to remove barriers to IN THE HOUSE OF REPRESENTATIVES ter, Congregation Agudas Achim, and the racial equality. The Bay City Branch remains DeMolay Masonic Children. committed to educating citizens about their Tuesday, May 2, 2006 In addition to his community service, Mr. constitutional rights, and the adverse effects of Mr. MARKEY. Mr. Speaker, I rise today to Greenblum has served on the boards of Inter- racial discrimination. introduce the ‘‘Network Neutrality Act of

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MY8.032 E02MYPT1 ycherry on PROD1PC64 with REMARKS May 2, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E681 2006.’’ Joining me today as original cospon- Mr. Speaker, from the beginning of Internet mine who can and who cannot offer services sors of this important legislation are Rep. RICK time until August of 2005, the Internet’s non- over broadband networks or over the Internet. BOUCHER, Rep. ANNA ESHOO and Rep. JAY discriminatory nature was safeguarded from The detrimental effect to the digital economy INSLEE. being compromised by Federal Communica- would be quite severe if such conduct were Broadband networks, Mr. Speaker, are the tions Commission rules that required non- permitted and became widespread. The dete- lifeblood of our emerging digital economy. discriminatory treatment by telecommuni- rioration of significant policies of non- These broadband networks also hold the cations carriers. In other words, no commer- discrimination by the imposition of artificial bot- promise of promoting innovation in various cial telecommunications carrier could engage tlenecks by broadband network owners imperil markets and technologies, creating jobs, and in discriminatory conduct regarding Internet economic growth, innovation, job creation, and furthering education. The worldwide leadership traffic and Internet access because it was pro- First Amendment freedom of expression on that the U.S. provides in high technology is di- hibited by law. such networks. rectly related to the government-driven policies In August of 2005, however, the Federal The Network Neutrality Act of 2006 offers over decades which have ensured that tele- Communications Commission reclassified Members a clear choice. It is a choice be- communications networks are open to all law- broadband access to the Internet in a way tween favoring the broadband designs of a ful uses and all users. The Internet, which is which removed such legal protections. And small handful of very large companies, and accessible to more and more Americans with how did the industry respond to this change? safeguarding the dreams of thousands of in- every day that goes by on such broadband Just a few weeks after the FCC removed the ventors, entrepreneurs, and small businesses. networks, was also founded upon an open ar- Internet’s protections, the Chairman of then- This legislation is designed to save the Inter- chitecture protocol and as a result it has pro- SBC Communications made the following net and thwart those who seek to fundamen- vided low barriers to entry for web-based con- statement in a November 7th Business Week tally and detrimentally alter the Internet as we tent, applications, and services. interview: ‘‘Now what they [Google, Yahoo, know it. Mr. Speaker, I urge Members to sup- port this bill and urge the House to take a de- Recent decisions by the Federal Commu- MSN] would like to do is use my pipes free, cisive stand in favor of network neutrality. nications Commission (FCC) and court inter- but I ain’t going to let them do that because pretations, however, put these aspects of we have spent this capital and we have to f broadband networks and the Internet in jeop- have a return on it. So there’s going to have DARFUR PEACE AND ardy. The corrosion of historic policies of non- to be some mechanism for these people who ACCOUNTABILITY ACT OF 2006 discrimination by the imposition of bottlenecks use these pipes to pay for the portion they’re by broadband network owners endanger eco- using. . . .’’ HON. ROSA L. DeLAURO nomic growth, innovation, job creation, and In a December 1, 2005 Washington Post ar- OF CONNECTICUT First Amendment freedom of expression on ticle, a BellSouth executive indicated that his IN THE HOUSE OF REPRESENTATIVES such networks. Broadband network owners company wanted to strike deals to give certain Tuesday, May 2, 2006 should not be able to determine who can and Web sites priority treatment in reaching com- who cannot offer services over broadband net- puter users. The article noted this would ‘‘sig- Ms. DELAURO. Mr. Speaker, I rise today in works or over the Internet. The detrimental ef- nificantly change how the Internet operates’’ support of the Darfur Peace and Accountability fect to the digital economy would be quite se- and that the BellSouth executive said ‘‘his Act, and I thank my colleague from New Jer- vere if such conduct were permitted and be- company should be allowed to charge a rival sey, Mr. Payne, for his leadership on this came widespread. voice-over-Internet firm so that its service can issue—it is one of the critical moral issues of This network neutrality bill has essentially operate with the same quality as BellSouth’s our times. three parts. The first part articulates overall offering.’’ Meaning, that if the rival firm did not I am proud to be a cosponsor of this legisla- broadband and network neutrality goals for the pay, or was not permitted to pay for competi- tion. It is long overdue, and I hope that we re- country, and spells out exactly what network tive reasons, its service presumably would not member that passing this bill is not the end of our country’s moral obligation to Darfur— neutrality means and puts it into the statute so ‘‘operate with the same quality’’ as BellSouth’s merely a starting point for our nation to begin that it will possess the force of law. The sec- own product. ond part embodies reasonable exceptions to Finally, on January 6, 2006, the CEO of addressing some of the serious problems in that part of the world. the general rules, such as to route emergency Verizon, in an address to the Consumer Elec- This legislation arrives on the floor of this communications or offer consumer protection tronics Show also indicated that Verizon would House not a moment too soon—at time when features, such as spam blocking technology. now be the corporate arbiter of how traffic famine and war have already killed between And the final part of the bill features an expe- would be treated when he said the following: 200,000 and 400,000 people and displaced dited complaint process to deal with griev- ‘‘We have to make sure [content providers] over 2 million more Sudanese. It is nothing ances and violations within thirty days. don’t sit on our network and chew up our ca- less than a humanitarian disaster—and unfor- The legislation states that a broadband net- pacity.’’ tunately one that appears to be getting worse. work provider may not block, impair, degrade I think these statements should give pause Among the many tragedies is that, put sim- or discriminate against the ability of any per- to those who might argue that we shouldn’t do ply, it did not have to be this way. With the son to use a broadband connection to access anything to enact strong network neutrality end of the civil war in southern Sudan, these the content, applications, and services avail- provisions because currently no harm is being last six months ought to have been an oppor- able on broadband networks, including the done. tunity for progress in Darfur. Internet. It ensures that broadband network Do we really have to wait till these corporate Instead, we have seen only more war, more providers operate their networks in a non- giants divide and conquer the open architec- famine, more despair. According to the latest discriminatory manner. The bill also ensures ture of the Internet to make that against the reports, the latest wave of attacks has found that consumers can attach any device to the law? These telephone company executives thousands of people being chased from doz- broadband operator’s network, such as an are telling us that they intend to discriminate ens of villages by government-backed militias, Internet phone, or wi-fi router, or settop box, in the prioritization of bits and to discriminate with death-squad attacks on civilians in Darfur or any other innovative gadget invented in the in the offering of ‘‘quality of service’’ func- and violence now spilling over into neighboring coming years. Moreover, in order to prevent tions—for a new fee, a new broadband bottle- Chad as well. the warping of the World Wide Web into a neck toll—to access high bandwidth cus- And while the African Union forces—num- system of ‘‘tiered service,’’ the legislation will tomers, we cannot afford to wait until they ac- bering only 7,000—are doing what they can, prevent broadband providers from charging tually start doing that before we step in to stop they simply do not have the resources to carry new bottleneck fees for enhanced quality of it. out such a broad mission—particularly with the service or the prioritization of bits. Once they start making money by Sudanese government appearing to be ac- Finally, if a broadband provider chooses to leveraging that bottleneck position in the mar- tively obstructing their work. Indeed, one sen- prioritize data of any type, it requires that it do ketplace, will a future Congress really stare ior U.N. official recently predicted ‘‘massively so for all data of that type and not charge a them down and take that revenue stream increased mortality’’ unless effective peace- fee for such prioritization. For instance, if a away? keepers are installed. broadband provider wants to prioritize the Mr. Speaker, if we don’t protect the open- And unfortunately, that has proven increas- transmission of bits representing a VOIP ness of the Internet for entrepreneurial activity, ingly difficult. After two years of sanctions and phone call for its own VOIP service, it must do we’re ruining a wonderful model for low barrier countless resolutions adopted by this Con- so for all VOIP services so as not to put its entry, innovation, and job creation. Broadband gress and by the United Nations, the govern- competitors at an arbitrary disadvantage. network owners should not be able to deter- ment of Sudan continues to defy the will of the

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MY8.037 E02MYPT1 ycherry on PROD1PC64 with REMARKS E682 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2006 international community. That makes our ac- Prior to transferring to the U.S. Steel Plant also started Meyer Investments while running tion here today ever more important—extend- in Serbia and Montenegro, Nenad worked at the family business. ing the embargo against Sudan and giving the the U.S. Steel, Gary Works Plant for seven Mr. Meyer has admirably served the com- Treasury Department the authority to freeze years, where he worked in several capacities. munity of Laredo, Texas, through his member- the assets of known supporters of the geno- Over the years, he worked his way up from ship and work in several civic, social, edu- cide. Melter to General Foreman to Desulfurization cational, and governmental organizations as Also critical are this legislation’s provisions Coordinator, and finally, to Area Coordinator of chairman of the board of trustees at Laredo to get the U.N. back into Darfur. Just last Operation, a position he held until accepting Community College, chairman of the board for week, the government of Sudan blocked the his new position in Serbia and Montenegro. the Laredo Public Library, member of the United Nations’ top emergency aid official from His exceptional knowledge and expertise in Child Welfare Board for Webb County, director visiting the western Darfur region. That is why these areas will surely be missed in Northwest of the Laredo Philharmonic Orchestra, a mem- this bill directs the president to use our na- Indiana, but his acquisition in Serbia and Mon- ber of the Socratic Club, president of the Civic tion’s position on the U.N. Security Council to tenegro will be a definite improvement to their Music Association, president of the board of resolve this matter. organization. the Boys and Girls Club of Laredo, president In my view, the best way to end this blood- Though extremely dedicated to his work, of the Astronomy Club, a member of the shed and this human suffering is for the gov- Nenad selflessly gives much of his free time Somosiete hunting lodge, a member of the ernment of Sudan to immediately let the U.N. and energy to his community, his friends, and French Club, and a member of the in to safeguard the residents of Darfur. But most importantly, his family. Nenad now re- Stardusters. should the U.N. not be allowed in, this bill also sides in the capital city of Belgrade, Serbia For his dedication and hard work in making grants the president the authority to summon and Montenegro, with his loving wife, Branka, the Laredo business community stronger and NATO and get it more involved—an authority his daughters, Katarina and Sanja, and his better, he will be honored by the Junior we must not hesitate to use. NATO’s readi- son, Stefan. Achievement League in his induction into the ness to provide more support to the African Also important to note, Nenad is an avid 2006 Business Hall of Fame. Union may well prove critical. sports fan. In his spare time, Nenad enjoys Mr. Speaker, I am honored to have had this Mr. Speaker, we have arrived at a critical playing basketball and watching football time to recognize the bravery and dedication juncture. It has been 12 years since the world games. of Samuel Alexander Meyer, and I thank you saw the horror of genocide in Rwanda—a half- Mr. Speaker, I ask that you and my other for this time. century since we saw it on the European con- distinguished colleagues join me in com- f tinent. Each time, the world has said ‘‘never mending and congratulating Nenad Radoja on again,’’ only to stand by as it happens again beginning his new position as Director of Steel WILLIAM SLOAN COFFIN, JR.: A and again. Today, the House is giving the Ad- Shop at U.S. Steel in Smederevo, Serbia and COURAGEOUS MAN ministration the tools it needs to act to stop Montenegro. Nenad has improved the lives of the killing in Darfur—it is a step forward, but many residents in Indiana’s First Congres- HON. BERNARD SANDERS certainly not be the last. sional District. Northwest Indiana will surely OF VERMONT Let’s pass this legislation and ensure that miss Nenad’s loyal service and uncompro- IN THE HOUSE OF REPRESENTATIVES the people of Darfur can return to their homes mising dedication. Tuesday, May 2, 2006 and live their lives in peace. f f Mr. SANDERS. Mr. Speaker, Vermont has TRIBUTE TO SAMUEL ALEXANDER lost one of its finest, most ethical and coura- TRIBUTE TO MR. NENAD RADOJA MEYER geous residents. The Reverend William Sloan Coffin, Jr., who lived in Strattford, Vermont, HON. PETER J. VISCLOSKY HON. HENRY CUELLAR has died at the age of 81. OF INDIANA OF TEXAS When the Civil Rights Movement began, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES when a brave coalition of black and white Americans brought the attention of the Nation Tuesday, May 2, 2006 Tuesday, May 2, 2006 to the injustice of segregation, Rev. Coffin was Mr. VISCLOSKY. Mr. Speaker, it is with the Mr. CUELLAR. Mr. Speaker, I rise today to there, standing up for what was right. He was greatest pleasure that I congratulate one of honor the late Mr. Samuel Alexander Meyer a Freedom Rider in Montgomery, Alabama in the most dedicated, hardworking citizens of In- for his induction as a laureate in the 2006 La- the early years of the Civil Rights struggle, diana’s First Congressional District, Mr. Nenad redo Business Hall of Fame, and for his in- and was arrested there in 1961. He was ar- Radoja. After working for the U.S. Steel, Gary credible dedication to the City of Laredo, rested in Baltimore two years later in an anti- Works Plant for over seven years, Nenad re- Texas. segregation protest and again a year later in cently accepted the position of Director of Samuel Alexander Meyer was born on No- St. Augustine, Florida as he tried to integrate Steel Shop at U.S. Steel in Smederevo, in the vember 19th, 1917, the only child of the late a lunch counter. He was one of those who, in country of Serbia and Montenegro. Nenad Samuel Meyer of Rochester, New York, and the phrase of the day, ‘‘put their bodies on the began his new position on March 20, 2006. Maryanne Alexander Meyer of Laredo, Texas. line’’ to bring about a more equitable and just Nenad Radoja was born on June 15, 1971, During his summers that he spent as a young America. in East Chicago, Indiana. Nenad is one of two boy with his Aunt Frances and Uncle Lewis Al- When the United States entered Vietnam, children born to Ray and Sandi Radoja. He is exander on Victoria Street, he got to know the and the war escalated, Rev. Coffin was an ar- the great-grandson of turn-of-the-century City of Laredo. ticulate voice for peace. As Chaplain at Yale Yugoslavian immigrants who came to United He graduated from the University of Roch- University, he offered the chapel as a sanc- States in search of the American Dream. ester in 1940 with a bachelor’s degree and at- tuary for those who refused to serve in Viet- Nenad’s grandparents, Risto and Marija tended graduate school at the University of nam. He delivered the draft cards of antiwar Radoja, also immigrated to the United States Texas with a degree in Spanish and Latin- protesters to the Justice Department in an ef- in 1951 in search of what America had to American civilization. After graduation, Mr. fort to mount a legal challenge to the draft. In- offer. Upon his arrival, Risto began working at Meyer served in the United States Navy for stead, the government challenged him, arrest- the steel mills in Northwest Indiana. Nenad, four years in the South Pacific as an ensign ing Rev. Coffin, Dr. Benjamin Spock and three surely inspired by his grandfather’s work ethic, from 1941 to 1946, and joined the faculty at others for counseling draft evasion. He was chose to pursue a similar career in the steel Laredo Junior College in 1947 where he convicted but the verdict was subsequently mills. taught Latin-American history and economics overturned by an appellate court. A lifetime native of Lake County, Indiana, for five years. In his years at Yale and later at Riverside Nenad graduated from Merrillville High School Mr. Meyer married Olga Rosenbaum, and Church in New York, his was an eloquent in 1989. Furthering his education, Nenad went had three children, Frances Carolyn, Miriam voice for the disadvantaged and disinherited in on to complete his Baccalaureate Degree in Alexis, and Alexander Samuel Meyer. In 1953, America. He showed great courage in ques- History at Purdue University-Calumet in Ham- he became a co-owner of Laredo’s only Stu- tioning the ethics of America’s military deci- mond, Indiana. He later earned his Master’s debaker automotive dealership, and then later sions and unstintingly opposed the nuclear Degree in Management from Indiana Wes- assumed responsibility for one of Laredo’s first arms race. He was a foremost proponent of leyan University in Marion, Indiana. men’s stores, Alexander Fine Men’s Wear. He nuclear disarmament, calling for a nuclear

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MY8.039 E02MYPT1 ycherry on PROD1PC64 with REMARKS May 2, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E683 freeze. He opposed both the Persian Gulf War PAYING TRIBUTE TO SHERIFF’S Those who survived live daily with the pain- in 1991 under first President Bush, and the in- DEPUTY KEITH HANSEN, THE ful memories of their enslavement, and many vasion of Iraq in 2003 by the current President AMERICAN RED CROSS AND THE still suffer serious health effects as a result of Bush. CITIZENS OF CALEDONIA TOWN- their ordeal. Due to the shame connected to SHIP their captivity, many comfort women chose to William Sloan Coffin, Jr. was a man of conceal their enslavement and many others strong and passionate views. Needless to say, HON. MIKE ROGERS have come forward about it only in recent not everyone agreed with all of his positions. OF MICHIGAN years. But whoever knew him—and I count myself IN THE HOUSE OF REPRESENTATIVES While the facts of these crimes are incon- fortunate to be among them—recognized his Tuesday, May 2, 2006 trovertible, the Government of Japan has not courage, his dedication to ethical reasoning, officially accepted responsibility for this atroc- Mr. ROGERS of Michigan. Mr. Speaker, I and his profound commitment to social justice. ity. Some textbooks used in Japan minimize rise today to recognize the efforts of Cal- the comfort women tragedy and distort the He served as a model of the engaged intellec- edonia Township and the American Red Cross tual to generations of students and to count- Japanese role in these and other crimes com- to save the life of Sheriff’s Deputy Keith Han- mitted during World War II. Moreover, as re- less Americans. The Nation will miss him, sen, who was severely injured while serving in cently as June 2005, Japanese Government Vermont will miss him, and I will miss his the line of duty. officials praised the removal of the term ‘‘com- strength and passion for justice. Deputy Keith Hansen was critically injured fort women’’ from Japanese textbooks. when a suspect crashed his vehicle into Han- The Government of Japan’s disregard for f sen’s patrol car during a high speed chase in correcting past wrongs has been further dem- Caledonia Township. He received multiple se- onstrated by its leaders’ frequent pilgrimages IN HONOR AND REMEMBRANCE OF vere injuries in the crash. to the Yasukuni Shrine near the Imperial Pal- JOSEPH L. FORTUNA To survive, Deputy Hansen required more ace in central Tokyo. The Yasukuni Shrine is units of blood than the hospital could provide. dedicated to the 2.5 million people who died in The American Red Cross and the citizens of Japan’s conflicts between 1853 and 1945 but HON. DENNIS J. KUCINICH the Caledonia Township responded with an also memorializes 14 convicted Class A war immediate blood drive and fund-raiser. Within OF OHIO criminals that committed many atrocities dur- one day, the community donated more than ing World War II. IN THE HOUSE OF REPRESENTATIVES fifty units of blood and collected a significant Despite international criticism, the current amount of money to help save the life of Dep- Tuesday, May 2, 2006 Japanese Prime Minister, Junichiro Koizumi, uty Keith Hansen. has made several visits to Yasukuni since he The efforts to save Deputy Hansen’s life re- Mr. KUCINICH. Mr. Speaker, I rise today in took office in 2001 and has stated that he will flect the best of the American spirit; neighbors honor and remembrance of Joseph L. Fortuna, continue making the visits through the end of uniting to save the life of an injured officer his term. devoted family man, United States Veteran, who is sworn to protect them. On April 4, 2006, Congressman CHRIS- business leader, and friend and mentor to Mr. Speaker, I ask my colleagues to join me TOPHER SMITH and I introduced H. Res. 759, many. in honoring Deputy Keith Hansen for his serv- legislation that calls on Japan to acknowledge ice, and the citizens of Caledonia Township As the founder of Fortuna Funeral Home on and accept responsibility for forcing women and the American Red Cross for helping to Fleet Avenue in Cleveland, Mr. Fortuna served and girls into sexual slavery during the World save his life. They are truly deserving of our the citizens of Slavic Village, Newburgh War II era. We hope that this bill will encour- respect and admiration. Heights and communities beyond with great age Japan to be honest about its history and care, compassion and professionalism, for f to educate current and future generations more than 50 years. He grew up near Union DEMANDING THAT JAPAN AC- about this crime against humanity. Avenue, and held a lifelong commitment to KNOWLEDGE ITS ENSLAVEMENT Mr. Speaker, for these reasons I urge my family, faith and to the residents of southeast OF ‘‘COMFORT WOMEN’’ DURING colleagues to support this important piece of Cleveland that reflected throughout his life- WORLD WAR II legislation, in order to demonstrate that we do not forget the suffering of the comfort women time. HON. LANE EVANS and the criminality of those who enslaved Mr. Fortuna’s generous spirit, kindness of OF ILLINOIS them. heart and sense of civic responsibility had a IN THE HOUSE OF REPRESENTATIVES f positive impact on the lives of countless indi- Tuesday, May 2, 2006 HONORING DR. MOSE TJITENDERO viduals and families. He was a lifelong mem- FORMER SPEAKER OF THE NA- ber and leader at his parish, St. John Mr. EVANS. Mr. Speaker, during World War II and the colonial occupation of Asia in the TIONAL ASSEMBLY, NAMIBIA Nepomucene, past President of the Laurentian 1930s and 1940s, the Armed Forces of Impe- Athletic Club, and remained proudly connected rial Japan, often in collusion with private traf- HON. BARBARA LEE to his Slovenian heritage through his involve- fickers, forced over 200,000 young women OF CALIFORNIA ment with various Slovenian organizations. Mr. and girls into military brothels. These women IN THE HOUSE OF REPRESENTATIVES Fortuna was honored many times for his sig- were euphemistically known as ‘‘comfort Tuesday, May 2, 2006 nificant contribution to our community and was women.’’ This despicable sexual enslavement named ‘‘Man of the Year’’ in 1975 by the Slo- of mostly Korean and Chinese women was of- Ms. LEE. Mr. Speaker, I rise today with a venian National Home of Cleveland. ficially commissioned and orchestrated by the heavy heart to join my colleagues here in the Government of Japan. U.S. and across the globe in commemorating Mr. Speaker and Colleagues, please join me In one of the most extensive cases of and honoring the extraordinary life of Dr. Mose in honor and remembrance of my friend, Jo- human trafficking in the 20th century, women Tjitendero, Speaker of the National Assembly seph L. Fortuna, whose kindness, compassion and girls throughout Asia were recruited by in Namibia and a man known for his dedica- and generosity has served to uplift the people force, coercion, or deception, transported tion to the principle of One Namibia, One Na- of Fleet Avenue and miles beyond. I offer my across national borders, and kept at the mercy tion. Highly regarded throughout his life as an deepest condolences to Mr. Fortuna’s beloved of the Japanese military in subhuman condi- outstanding leader and a true patriot, Dr. wife, Virginia; to his beloved children, Joseph; tions. They were raped, beaten, and forced to Tjitendero was dedicated to advancing justice, Mary Ann (Jim), John (Roberta), and Jane have abortions. independence and self-determination for the (Phillip); and to his grandchildren and ex- However, the horror of this experience did people of Namibia and for others around the tended family and many friends. Mr. Fortuna’s not end with the cessation of hostilities. Many world. Dr. Tjitendero passed away on April 26, comfort women were killed by Japanese sol- 2006 at the age of 63 following a short illness. life, framed by love and kindness, will always diers after Japan surrendered. Some of these Born the son of a Herero slave, Dr. remain in the hearts and memories of his fam- women could not return to their homes, and Tjitendero hailed from a small village called ily and his community, and he will never be found themselves abandoned in hostile lands Okomakuara in the Ovitoto area of Namibia. forgotten. where they were viewed as collaborators. He was expelled from Augustineum Training

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MY8.042 E02MYPT1 ycherry on PROD1PC64 with REMARKS E684 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2006 College in 1963 after he attended a political they improved the material, social, and spir- Turkey’s persistent denial of their prede- rally in Windhoek, and left Namibia for exile in itual welfare of their community through cessor government’s responsibility for the Ar- 1964 when he was only 20 years old. Upon thoughtful and charitable activities. menian Genocide sets a dangerous precedent his arrival in Dar es Salaam, Tanzania, he Lou and Mildred dedicated themselves to that makes future genocides more likely. In was appointed to be the student representa- giving young people the opportunity to pursue fact, many of the tactics employed by the tive of the South West Africa People’s Organi- higher education. Through generous scholar- Ottoman Empire against the defenseless Ar- zation, SWAPO political movement. In that ship assistance from the Resnicks, many stu- menian population are now being used in role he became a radio broadcaster for the lib- dents have been able to attend SUNY New Darfur today—forced exile, systematic depriva- eration movement, and as a part of the Paltz to pursue their education. In addition, tion of food and water, and murder through Tanganyika club, was instrumental in propel- students’ educations at New Paltz, SUNY starvation. If the cycle is to end, there must be ling SWAPO into an international movement in Delhi and Cornell University have been en- accountability for genocide. This is why it is the 1960s. riched by the engineering school, gymnasium critical that the U.S. government officially rec- In 1967 Dr. Tjitendero received a scholar- and library, respectively, that the Resnick fam- ognize the Armenian Genocide and also, pres- ship to attend Lincoln University in Pennsyl- ily endowed. sure Turkey to end its campaign of genocide vania, where he completed a B.A. degree in The Resnick’s impact on our region extends denial. Genocide denial is the last stage of History and Political Science, and in 1976 he far beyond their support for higher education, genocide and what Elie Wiesel has termed to completed his Ph.D. at the University of Mas- however. Through their contributions to the Ul- be a ‘‘double killing.’’ The United States can- sachusetts School of Education. In the mid- ster County Mental Health Clinic in Ellenville, not remain silent as this ‘‘double killing’’ con- 1970s, SWAPO called Dr. Tjitendero to Zam- the Ellenville Community Hospital, and count- tinues every day through Turkey’s multi-million bia to open the United Nations institute for Na- less other institutions, the health and well dollar worldwide campaign to suppress the mibia in Lusaka, where he taught for 5 years. being of the surrounding community has been teaching of the Armenian Genocide. Dr. Tjitendero served as the first Speaker of greatly improved. I stand united with Armenians and Arme- Namibia’s National Assembly from 1990 until Together, Lou and Mildred also made their nian-Americans in my district and around the 2004, and had been a member of the SWAPO mark on the region’s economy. The Channel country who continue to fight for recognition of Central Committee since 1981. He was instru- Master Corporation, founded by Lou and his the atrocities of the Armenian Genocide so the mental in teaching and motivating other lead- brothers, was a steady, faithful employer in Ul- world will never forget the first crime against ers in his country, and at the 2004 SWAPO ster County for decades. The Resnicks also humanity in the 20th Century. And I promise Extraordinary Congress, he nominated Hidipo invested in several other enterprises to boost to continue to stand firm against the efforts of Hamutenya, a fellow student from his days at the local economy, including the construction those who deny the Armenian Genocide. of the Joseph Y. Resnick airport, and support Lincoln University, to be his party’s presi- f dential candidate. for the revival of the Catskill region’s tourism Throughout his tenure in the National As- industry. PAYING TRIBUTE TO TIMOTHY C. sembly, Dr. Tjitendero was widely respected Although Lou and Mildred worked together WILLIAMS and viewed as an impartial chairperson of par- on so many important projects in Ulster Coun- liamentary proceedings and an advocate for ty and the surrounding region, we must also HON. JON C. PORTER commend Mildred’s many accomplishments in popular participation in Namibia’s democracy. OF NEVADA her own right. She has chaired the March of Revered by his colleagues as honest, hard- IN THE HOUSE OF REPRESENTATIVES working, and thoroughly dedicated to pro- Dimes fundraising campaign and has been an Tuesday, May 2, 2006 moting peace, freedom and national unity, Dr. instrumental supporter of the Eleanor Roo- Tjitendero’s contributions to the development sevelt Institute for Cancer. Mr. PORTER. Mr. Speaker, I rise today to It is impossible for me to list here all of the of democracy, equality and economic oppor- honor Timothy C. Williams, who has been ap- wonderful and generous contributions Mildred tunity in Namibia are truly immeasurable. pointed by Governor Kenny Guinn to replace has made to the lives of people in her commu- Though his death is loss to the entire Na- retiring District Judge John McGroarty. nity and all over the country, but this fact is mibian nation, the legacy of his work will con- Timothy Williams has a distinguished record clear: I, like so many others, am truly grateful tinue to improve countless lives in throughout of service as an attorney in the Henderson, to have known and worked with her. Mildred Namibia and beyond for generations to come. Nevada area. Mr. Williams has been a prac- has been a dedicated and loving wife, a be- My thoughts and prayers are with Dr. ticing attorney for the past 21 years rep- loved mother and grandmother, and a faithful Tjitendero’s wife Sandy and his two children, resenting physicians in medical lawsuits and friend. Mr. Speaker, it is my honor to publicly as well as all of his friends, colleagues, and accident victims in injury cases; Mr. Williams say ‘‘thank you’’ and to wish her a very happy the people of Namibia as they mourn the loss has also been a member of the Nevada bar birthday. of this exemplary leader. since 1986. In recent years Mr. Williams has f f been heavily involved in alternate methods of COMMEMORATING THE 91ST ANNI- dispute resolution, such as mediation and arbi- PAYING TRIBUTE TO MILDRED VERSARY OF THE ARMENIAN tration. He advocates these dispute resolution RESNICK ON THE OCCASION OF GENOCIDE mechanisms as a means of decreasing court HER 90TH BIRTHDAY backlogs by increasing the likelihood that a HON. STEVEN R. ROTHMAN case will be settled rather than going to trial. HON. MAURICE D. HINCHEY OF NEW JERSEY Mr. Williams has a degree in business from OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Indiana University and received his law degree IN THE HOUSE OF REPRESENTATIVES from Ohio Northern University. He will no Tuesday, May 2, 2006 doubt be an asset to the bench. Tuesday, May 2, 2006 Mr. ROTHMAN. Mr. Speaker, today I join Mr. Speaker, I am proud to honor Timothy Mr. HINCHEY. Mr. Speaker, I rise today to my colleagues in commemorating the 91st an- C. Williams for his distinguished legal career. extend warm birthday wishes and to pay trib- niversary of the Armenian Genocide and re- I wish him the best with his new appointment ute to a dear friend and great woman, Mrs. membering the death of 1.5 million Armenians and I am sure that he will serve the bench Mildred Resnick. during the years 1915–1923. with honor. Mrs. Resnick was born to Russian immi- We have witnessed a reprehensible ninety- f grant parents who migrated to Ulster County, one years of denial by the international com- New York around the time of World War I. munity of one of the most horrific crimes HONORING STEPHAN L. WALTERS She was raised in Kerhonkson, in the con- against humankind, the systematic and gressional district I represent, and continues to planned extermination of an entire ethnic HON. RON LEWIS reside nearby in Ellenville. Together with her group. The failure of the international commu- OF KENTUCKY late husband Louis, Mildred has generously nity to hold the Ottoman Empire accountable IN THE HOUSE OF REPRESENTATIVES contributed to and nurtured the surrounding for the Armenian Genocide initiated a cycle of community. genocide that continues to this day in Darfur, Tuesday, May 2, 2006 The Resnicks have embodied the true where an estimated 400,000 people have died Mr. LEWIS of Kentucky. Mr. Speaker, I rise meaning of philanthropy. Through their gen- and 2.5 million people have been displaced today to give well deserved recognition to erous donations and personal involvement, from their homes. Stephan Walters, an extraordinary soldier,

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MY8.046 E02MYPT1 ycherry on PROD1PC64 with REMARKS May 2, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E685 teacher and citizen from my Congressional all voters to participate in our nation’s political 2006. This occasion marks a long and storied District. process. Toward this end, I, along with the career dedicated not only to his listeners and Stephan is currently serving on active duty Congressional Asian Pacific American Cau- fans, but to the community in which he thrives. with the U.S. Army Reserves at Fort Knox, cus, am reaching out to the Asian Pacific Rick deserves a moment of pause to reflect Kentucky. As Captain, he is responsible for American community and speaking to the im- on his career, and I join him and his fans in training and mentoring a full brigade. He also portance of civic participation and protecting doing so. serves as an officer for community outreach, the APA vote. Rick Crandall got off to a shaky start on his equal opportunity, safety and soldier retention. The Asian Pacific American community re- first day on the air at KEZW when he con- Prior to his current assignment, Captain Wal- mains and always will be an integral and vi- fused Tommy Dorsey with Glenn Miller, much ters served for three years as a member of brant part of American society. As we take to the ire of his musically inclined listeners. the 3rd U.S. Infantry, also known as the Presi- part in the celebration of Asian Pacific Amer- Over time, though, Rick became as important dential Honor Guard, performing a range of ican Heritage Month, I urge everyone to par- to his fans’ mornings as a cup of coffee, and ceremonial duties at the White House, Pen- ticipate more deeply in the civic life of our na- he was soon the centerpiece of a community tagon, and Arlington National Cemetery. tion. The civic engagement of Asian Pacific of listeners and friends that enjoy music, Captain Walters has also distinguished him- American’s will help define our collective fu- news, and personal stories throughout the self in civilian life, earning a bachelor degree ture. By working together we can build morning hours. ‘‘The Breakfast Club’’ is no in social studies and a masters degree in sec- bridges, and build upon our great nation’s di- mere radio show; it is a collection of like-mind- ondary education from the University of Ken- verse communities. We move forward with de- ed people enjoying one another’s company tucky, graduating from both programs with termination and unity. through Rick’s engaging personality and love honors. Walters was a five year member of I encourage Congress and the American of entertaining his fans. the University of Kentucky’s football team, people to spend part of May absorbing the As if his career in radio wasn’t impressive earning numerous awards and honors for his legacy, culture and achievements of the Asian enough, Rick Crandall is also well-known for academic and athletic achievements. Pacific American community. his stunning devotion to community service Upon graduation, he accepted a position at f and public well-being. Rick has raised enor- Jeffersontown High School in Louisville, KY mous amounts of funding for charities and, as teaching history and coaching football and TRIBUTE TO MR. WILLIAM ‘‘BILL’’ a result, has earned both the Colorado Broad- track. In 2004, he was nominated by his col- CARNEY ALFRED casters Association Citizen of the Year Award leagues for the History Teacher of the Year and The Colorado Broadcasters Association Award, a special honor he later received from HON. SHELLEY MOORE CAPITO Harry Hoth Award for Public Service, among the Kentucky Historical Society. OF WEST VIRGINIA many others. Specifically, Rick’s work with It is my great privilege to honor Stephan IN THE HOUSE OF REPRESENTATIVES military veterans is second to none, as he Walters today, before the entire U.S. House of works constantly to assist and honor veterans Tuesday, May 2, 2006 Representatives, for his distinguished service both with his radio show and by engaging in to his country and his community. His Mrs. CAPITO. Mr. Speaker I rise today in the veteran community. Rick has also put sub- unyielding sense of duty and sacrifice rep- honor of Mr. William ‘‘Bill’’ Carney Alfred who stantial effort into raising money for and build- resent the very best of what it means to be an died at his residence following health com- ing the Colorado Freedom Memorial, a monu- American soldier. His achievements as a civil- plications on Monday, April 3, 2006. ment to all Coloradans who have been killed ian, especially his dedication to developing Many were touched by Bill’s dedication, in action. I look forward to seeing the comple- young minds in the classroom and on the ath- concern for others, and enthusiasm for life. Bill tion of this project, and I honor Rick’s efforts letic field, are further marks of personal great- was a proud member of St. Patrick’s Catholic to make it happen. ness. He is a man of exemplary leadership Church and the Loyal Order of Moose #1976 It would be difficult to list all of Rick’s ac- and dedication worthy of our collective respect in Weston, West Virginia. For many years, Bill complishments and projects, suffice it to say and appreciation. worked at the Kroger Company in Weston be- that his presence in Colorado has been a f fore retiring as head of the produce depart- blessing for all who know him. I ask my col- ment. Bill truly made a difference in many leagues to join me in honoring Mr. Rick IN CELEBRATION OF ASIAN PA- lives and will be fondly remembered by the Crandall as he celebrates the 15th anniversary CIFIC AMERICAN HERITAGE many people he touched with his kindness. of ‘‘The Breakfast Club,’’ and I look forward to MONTH We are fortunate to have had him as our many more years of great radio and commu- friend. nity service. HON. DAVID WU I want to extend my thoughts and prayers to f OF OREGON the Alfred, Rafferty, and Carney families dur- NATIONAL HEALTH CARE: THE IN THE HOUSE OF REPRESENTATIVES ing this difficult time. He is survived by one brother, John Kilker Carney of Springfield, VA, TIME IS NOW Tuesday, May 2, 2006 and by many loving cousins, nieces, nephews, Mr. WU. Mr. Speaker, it is a great honor grandnieces and grandnephews. We are HON. JOHN CONYERS, JR. and pleasure to join with my fellow members never prepared for the loss of a loved one, but OF MICHIGAN of the Congressional Asian Pacific American God is always prepared to help us through IN THE HOUSE OF REPRESENTATIVES Caucus to celebrate Asian Pacific American that loss. I pray your own faith and fondest Tuesday, May 2, 2006 Heritage Month. This May marks the 28th time memories will give you strength and comfort America has recognized and celebrated the during such a trying time. Mr. CONYERS. Mr. Speaker, tonight I rise many contributions and achievements of Asian Mr. Speaker, I urge my colleagues to join to address the serious health care crisis our Pacific Americans. me in recognition of the life of Mr. William Car- Nation is facing today. The time is now for America has reached greatness in part by ney Alfred. Congress to address health care in America. the accumulation of ideas from those with var- f Too many of my constituents, like many other ied heritage and backgrounds. In particular, hard working Americans across the country, Asian Pacific Americans have made profound HONORING RICK CRANDALL are suffering unnecessarily due to our flawed contributions to the arts, education, science, health care system. There are now more than technology, politics and athletics. HON. MARK UDALL 46 million Americans without health insurance. Asian Pacific Americans have played an ac- OF COLORADO Our system of private health insurance that tive and crucial role in the development of this IN THE HOUSE OF REPRESENTATIVES fails to provide coverage to so many of our country, from knitting together this nation with citizens also contributes to the double-digit the transcontinental railroad to bringing the Tuesday, May 2, 2006 health care inflation that is making America world closer together through development of Mr. UDALL of Colorado. Mr. Speaker, I rise less competitive in the global economy. the latest Internet technology. today to recognize and honor a well-known The only real solution to this crisis is Na- This year, Congress will be reauthorizing and beloved voice in the Greater Denver com- tional Health Care. In this most powerful na- the Voting Rights Act, including provisions that munity. Mr. Rick Crandall, host of ‘‘The Break- tion in the world, lack of access to health care provide bilingual assistance to voters who fast Club’’ on AM 1430 KEZW, is celebrating should not force local and state governments, need it. These measures protect the ability of his 15th anniversary on the air on June 17, companies and workers into bankruptcy, while

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MY8.050 E02MYPT1 ycherry on PROD1PC64 with REMARKS E686 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2006 causing unnecessary illness and hospitaliza- How many stories do we have to read be- Biomedical Research Institute at Harbor-UCLA tion. The sentiments that will be shared tonight fore Congress realizes that it is time for Medical Center. His contributions have saved have been echoed in citizen congressional change? We can do better for our citizens. My many lives in Los Angeles, and across the Na- town hall meetings my democratic colleagues bill, H.R. 676 and National Health Care is the tion. and I have held in 93 cities across the coun- answer. f try. The response to our call for stories was f tremendous, and the uninsured turned out in PAYING TRIBUTE TO LAWRENCE great numbers. Colleagues, we must not for- TRIBUTE TO JOHN MICHAEL T. WONG get that for every story we hear tonight, there CRILEY, MD are thousands, even millions of stories that will HON. JON C. PORTER go unheard. HON. JANE HARMAN OF NEVADA What follows are excerpts from letters I OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES have received. IN THE HOUSE OF REPRESENTATIVES (1) Kate L. wrote: I was left with $70,000 in Tuesday, May 2, 2006 uncovered medical bills as a result of an epi- Tuesday, May 2, 2006 Mr. PORTER. Mr. Speaker, I rise today to sode of severe depression ten years ago. This Ms. HARMAN. Mr. Speaker, everyday, peo- honor Lawrence T. Wong and his associates coverage deficit was not the result of a miserly ple’s lives depend on the quick reaction and at Arcata Associates, Incorporated for their employer; I was the President of an environ- competent care of emergency medical techni- being honored by the United States Small mental consulting firm and I chose the policy. cians and paramedics. Whether it is an auto- Business Association, as Prime Contractor of I reviewed more than 10 policies and was sur- mobile accident, heart attack, drowning or the Year for Region IX. prised to find that they all severely limited gunshot wound, EMTs and paramedics pro- Under Mr. Wong’s leadership, as President/ mental health coverage through higher vide vital attention as they care for and trans- CEO of Arcata Associates, the organization deductibles and co-pays and restrictive annual port the sick or injured to a medical facility. has maintained its commitment to quality and and lifetime maximums. The policy we pur- The modem EMT and paramedic programs excellence. The Prime Contractor of the Year chased was great for everything except it had across the nation would not exist without the for Region IX award honors the organization a separate $750 deductible, 50/50 co-pay, significant contributions of Dr. Mike Criley. for the outstanding goods and services that $1,500 annual outpatient maximum and Dr. Criley developed the Los Angeles Coun- they have provided the government and indus- $2,500 inpatient maximum for mental health ty Paramedic Program in 1969. The program try as prime contractors. Arcata Associates treatment. trains first responders to provide critical life being awarded the Small Business Association My bills started to pile up as my psychiatrist support to heart attack victims. Pre-hospital Prime Contractor of the Year for Region IX and I tried numerous medications and com- advanced cardiac care was a major innovation award is a testament to this commitment. Mr. binations of medications. Because my doctor in the field of emergency medical services. It Wong’s hard work, innovative ideas, dedica- was concerned about my suicidal behavior, he was also controversial, as it placed firefighters tion to the community and professional excel- recommended that I be admitted to a hospital in a medical role, something both firefighters lence has led to his being celebrated by the while we continued to experiment with medica- and many in the health field resisted. Small Business Association. tions. Although I was in the hospital for eight But the program showed its value when Mr. Speaker, I am proud to honor Lawrence weeks, I spent my inpatient maximum after paramedics were dispatched to provide onsite T. Wong and his associates at Arcata Associ- only several days. It took me over five years medical services after the 1971 Sylmar earth- ates, Incorporated for their outstanding suc- to pay of the $70,000 I owed and the stress quake. The next year, the television show cess. I congratulate them for the recognition of the financial burden slowed my recovery. In ’Emergency!’ followed the experiences of two they have so rightly earned, and thank them addition, the medication that I take to treat my fictional Los Angeles County Fire Department for their contributions to our Nation’s economy illness costs approximately $800 per month. I paramedics. This legitimized the effort and led and communities. was recently forced to leave a job I loved with to communities across the country instituting f a small consulting firm because they could not their own paramedic training programs mod- provide the insurance coverage I needed. eled after Dr. Criley’s innovation. HONORING COMMUNITY (2) Mrs. White wrote: I am an Army mom, As a result of Dr. Criley’s efforts, the Los ALTERNATIVES KENTUCKY who can’t afford health insurance while my Angeles County Paramedic Training Center is husband and I agonize over our son’s precar- named in his honor. ious fate. The psychological and emotional toll HON. RON LEWIS Dr. Criley also discovered a valuable life- on us both is paralyzing. While I frantically OF KENTUCKY saving technique known as cough CPR. He look for a job, I still must support my mother IN THE HOUSE OF REPRESENTATIVES documented that coughing during cardiac ar- and sister financially. I pay $300 monthly for rest or life-threatening heath rhythm disorders Tuesday, May 2, 2006 catastrophic health insurance, but cannot af- pumps oxygenated blood to the brain and Mr. LEWIS of Kentucky. Mr. Speaker, I rise ford prescription drugs, lab tests, and spe- maintains consciousness while help is sum- today to recognize Community Alternatives cialist visits. I cannot survive with these Kentucky, an exceptional organization in my stresses for much longer. moned. (3) Jo L. wrote: I have a brain tumor. Natu- Dr. Criley has also been instrumental in Congressional District that delivers commu- rally, the health insurance industry has labeled training over 100 cardiologists and has taught nity-based supportive services to persons with me as having a ‘‘pre-existing’’ condition and cardiology to over 6,000 medical students and disabilities. will not provide my coverage. I pay $255 a residents throughout his career. He has devel- The noble mission of Community Alter- month for 5 pills to subdue my tumor. For the oped interactive multimedia programs in three natives Kentucky is to enhance the lives of the time being, I am paying for this out of pocket, languages that are used around for medical individuals they serve by helping them be- but I need a permanent solution. and nursing education programs around the come active members of their communities Even health care providers in my District world. and realize their personal goals. They provide have written to express their concerns. Throughout his distinguished career, Dr. a wide range of day-to-day residential and em- Dr. Scott wrote: As a physician in Michigan Criley has served on the faculty of two of the ployment services to assist disabled individ- I see many patients with no health care and nation’s most prestigious medical institutions. uals with health needs, personal care, physical it saddens me. Many people who cannot af- After serving as Director of Cardiac Catheter- and speech therapy, transportation, house- ford health care will delay going to any health ization Laboratories at Johns Hopkins Hos- keeping, recreation and other personal man- care provider if injured, or shorten treatment pital, he returned to his native California to join agement services. plans due to the lack of funds. Many insur- the faculty at the UCLA School of Medicine. Community Alternatives of Kentucky advo- ance companies have raised premiums out of He is now Chief of Cardiology at Los Angeles cates self determination, civil rights, and com- reach here and even Medicaid and Medicare County Harbor-UCLA Medical Center where munity inclusion for people with special needs have decreased coverage due to the lack of he continues to care for patients, teach, and and developmental disabilities. They play an funding. We need to rally together to get every perform research. important role in local communities, promoting citizen health care. By doing this we can help Mr. Speaker, I appreciate this opportunity to an inclusive quality of life that allows all peo- eliminate discrimination in health care and this share how proud I am to have Mike Criley ple, regardless of personal challenges, to can lead to eliminating other forms of discrimi- working in one of my district’s premier bio- reach their potential as happy and productive nation. medical research facilities, the Los Angeles members of society.

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MY8.054 E02MYPT1 ycherry on PROD1PC64 with REMARKS May 2, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E687 I applaud Community Alternatives Kentucky, Genetic engineering is having a serious im- human consumption, yet continues FDA dis- particularly their wonderful support staff, for all pact on the food we eat, on the environment, cretion in applying the safety factors that that they do to assist disabled individuals and and on farmers. To ensure we can maximize are generally recognized as appropriate. Requires that unique concerns be explic- their families. On behalf of so many in Ken- benefits and minimize hazards, Congress itly examined in the review process, a phase tucky’s Second Congressional District, I would must provide a comprehensive regulatory out of antibiotic resistance markers, and a like to express my profound appreciation for framework for all genetically engineered prod- prohibition on known allergens. their service and for the many contributions to ucts. Requires the FDA to conduct a public com- our communities from the people they serve. Current laws, such as our food safety and ment period of at least 30 days Together, they are a true inspiration to us all. environmental laws, were not written with this THE GENETICALLY ENGINEERED CROP AND It is my great privilege to recognize Commu- technology in mind. Clearer laws are nec- ANIMAL FARMER PROTECTION ACT nity Alternatives Kentucky today, before the essary to ensure that these new scientific ca- Agribusiness and biotechnology companies entire U.S. House of Representatives, for their pabilities and the associated impacts are have rapidly consolidated market power at achievements as advocates for disabled citi- closely monitored. the same time as the average farmer’s prof- zens. Their unique compassion and dedication The six bills include the Genetically Engi- its and viability have significantly declined. to the happiness and well-being of all people neered Food Right to Know Act of 2006, Policies promoted by biotech corporations which requires food companies to label all have systematically acted to remove basic make them outstanding citizens worthy of our farmer rights enjoyed since the beginning of collective honor and respect. foods that contain or are produced with geneti- agriculture. These policies include unreason- f cally engineered materials and instructs the able seed contracts, the intrusion into every- Food and Drug Administration to conduct peri- day farm operations, and liability burdens. HONORING OFFICER SCOTT odic tests to ensure compliance. This is a The introduction of genetically engineered SEVERNS basic consumer rights and consumer safety crops has also created obstacles for farmers, issue. People have a right to know what is in including the loss of markets and increased HON. CHRIS CHOCOLA the food they are eating, and that the food is liability concerns. To mitigate the abuses upon farmers, a clear set of farmer rights OF INDIANA safe. must be established. This bill provides sev- IN THE HOUSE OF REPRESENTATIVES Combined, these bills would ensure that eral farmer rights and protections to main- Tuesday, May 2, 2006 consumers are protected, increase food safe- tain the opportunity to farm: ty, protect farmers rights, make biotech com- Mr. CHOCOLA. Mr. Speaker, today I rise Farmers may save seeds and seek com- panies liable for their products, and help de- pensation for failed genetically engineered with a solemn heart to honor a hero. On April veloping nations resolve hunger concerns crops. 21, 2006 Cpl. Scott Severns of the South Biotech companies may not: shift liability Bend Police Department was shot during an SUMMARY OF GENETICALLY ENGINEERED FOOD LEGISLATION to farmers; nor require access to farmer’s attempted robbery. He succumbed to his property; nor mandate arbitration; nor man- THE GENETICALLY ENGINEERED FOOD RIGHT TO wounds and passed early the next morning. date court of jurisdiction; nor require dam- KNOW ACT I have heard it said that at times like these, ages beyond actual fees; nor charge more to Consumers wish to know whether the food we should not focus on how someone dies, American farmers for use of this technology, they purchase and consume is a genetically than they charge farmers in other nations, but on how they lived, but how Cpl. Severns engineered food. Concerns include the poten- died was a testament to how he lived. When or any other unfair condition. tial transfer of allergens into food and other Seed companies must: ensure seeds labeled two would-be robbers approached Cpl. Sev- health risks, potential environmental risks non-GE are accurate; provide clear instruc- erns and a female companion, brandished a associated with the genetic engineering of tions to reduce cross-pollination, which con- gun, and threatened them, Cpl. Severns in- crops, and religiously and ethically based di- taminates other fields; and inform fanners of stinctively stepped in between the gunman etary restrictions. Adoption and implemen- the risks of using genetically engineered and his friend. Character like this cannot be tation of mandatory labeling requirements crops. for genetically engineered food produced in taught through a police academy course, and The EPA is required to evaluate the con- the United States would facilitate inter- cern of Bt resistant pests and take actions it is not issued to every officer after their national trade. It would allow American swearing in. This type of valor can only corne necessary to prevent resistance to Bt, an im- farmers and companies to export and appro- portant organic pesticide. from an individual with the heart of a hero. priately market their products—both geneti- The bill prohibits genetic engineering de- We oftentimes do not take enough time to cally engineered and non-genetically engi- signed to produce sterile seeds and loan dis- appreciate the sacrifice that law enforcement neered—to foreign customers. This bill ac- crimination based on the choice of seeds an officers make every single day so that we can knowledges consumers have a right to know agricultural producer uses. what genetically engineered foods they are live in safety. It is easy for us to go about our THE GENETICALLY ENGINEERED ORGANISM daily lives without a thought about those that eating: Requires food companies to label all foods LIABILITY ACT stand in between us and those that would try that contain or are produced with geneti- Biotech companies are selling a technology to hurt us. cally engineered material and requires the that is being commercialized far in advance Cpl. Severns’s sacrifices from the moment FDA to periodically test products to ensure of the new and unknown science of genetic he first put on his uniform, until his tragic, pre- compliance. engineering. Farmers may suffer from crop mature end, exemplify the best of American Voluntary, non-GE food labels are author- failures, neighboring farmers may suffer law enforcement. ized. from cross pollination, increased insect re- Mr. Speaker, we would be remiss if we did A legal framework is established to ensure sistance, and unwanted ‘‘volunteer’’ geneti- cally engineered plants, and consumers may not take this time to honor his service, remem- the accuracy of labeling without creating significant economic hardship on the food suffer from health and environmental im- ber his sacrifice, and mourn his passing. production system. pacts. Therefore, biotech companies should f THE GENETICALLY ENGINEERED FOOD SAFETY be found liable for the failures of genetically ACT engineered crops. This bill ensures that the INTRODUCTION OF GENETICALLY creator of the technology assumes all liabil- Given the consensus among the scientific ENGINEERED REGULATORY ity: community that genetic engineering can po- FRAMEWORK The bill places all liability from negative tentially introduce hazards, such as aller- impacts of genetically engineered organisms gens or toxins, genetically engineered foods squarely upon the biotechnology companies HON. DENNIS J. KUCINICH need to be evaluated on a case-by-case basis that created the genetically engineered orga- OF OHIO and cannot be presumed to be generally rec- nism. ognized as safe. The possibility of such haz- IN THE HOUSE OF REPRESENTATIVES Farmers are granted indemnification to ards dictates a cautious approach to geneti- protect them from the liabilities of biotech Tuesday, May 2, 2006 cally engineered food approvals. However, companies. FDA has glossed over the food safety con- Mr. KUCINICH. Mr. Speaker, I rise in sup- The bill prohibits any transfer of liability cerns of genetically engineered foods and not port of six bills I introduced today that will pro- away from the biotechnology companies that taken steps to ensure the safety of these ge- vide a comprehensive regulatory framework created the genetically engineered organism. for all genetically engineered plants, animals, netically engineered foods. This bill requires that all genetically engineered foods follow a REAL SOLUTIONS TO WORLD HUNGER ACT bacteria, and other organisms. The bills will strenuous food safety review process: The demand for mandatory labeling, safety protect our food, environment, and health. Requires FDA to screen all genetically en- testing, and farmer protections do not con- They are a common sense precaution to en- gineered foods through the current food addi- stitute obstacles to the cessation of world sure genetically engineered foods do no harm. tive process to ensure they are safe for hunger. Economics remain the significant

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A02MY8.058 E02MYPT1 ycherry on PROD1PC64 with REMARKS E688 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2006 barrier to a consistent food supply, and the for Americans be a top priority. I look forward began his career as a public servant by joining development of expensive genetically engi- to the day when we will no longer need such the staff of U.S. District Court Judge Walter neered foods may only exacerbate this trend. a week because all Americans would have the Huxman. Continuing with the judicial branch, Almost all research funding for the develop- coverage they need. Governor Anderson was elected as Johnson ment of genetically engineered food target Mr. Speaker, as it stands, nearly 46 million the developed nation’s agriculture and con- County Attorney in 1947. His election to Kan- sumers. However, agroecological interven- Americans—8 million of whom are children— sas State Senate in 1953 gave him the oppor- tions have had significantly more success in have no health care coverage. The health in- tunity to serve as one of Kansas’ state legisla- helping developing nations feed themselves surance and health care crisis in this country tors for three years. Governor Anderson was with higher yields and improved environ- is worsening each year. As health care costs appointed as Kansas Attorney General in mental practices, all within reasonable costs continue to rise, every family’s health care 1956 and was then elected Governor in 1960. for developing countries. This bill offers sev- coverage is at risk. Job-based health insur- During his two years in the state’s top posi- eral new initiatives and protections to help ance continues to decline, and for millions of tion, Governor Anderson used his diverse gov- developing nations resolve their hunger con- low-income workers, health care coverage is cerns: ernment experiences to help reform and re- To protect developing nations, genetically not even an option. structure several institutions, including: the engineered exports are restricted to those al- I am particularly dismayed about the high state’s pardon and parole systems; the public ready approved in the U.S. and approved by rates of uninsurance for certain populations. welfare system; and the state’s public school the importing nation. Californians have among the highest rates of system. The bill creates an international research uninsurance in the Nation. More than one in I would encourage my colleagues in the fund for sustainable agriculture research five Californians—nearly 6.6 million children House to join me in honoring this public serv- paid for the Sustainable Agriculture Trust and adults under age 65—were uninsured for ant by passing H.R. 4674, to designate the fa- Fund, a small tax on biotechnology company all or part of the year. Racial and ethnic mi- profits. cility of the United States Postal Service lo- norities also have high rates of uninsurance. cated at 110 North Chestnut Street in Olathe, THE GENETICALLY ENGINEERED PHARMA- Racial and ethnic minorities comprise about CEUTICAL AND INDUSTRIAL CROP SAFETY ACT Kansas, as the ‘‘Governor John Anderson, Jr. one-third of the U.S. population but dispropor- Post Office Building.’’ A pharmaceutical crop or industrial crop is tionately comprise 52 percent of the unin- f a plant that has been genetically engineered sured. One in five African Americans are unin- to produce a medical or industrial product, HONORING NOTRE DAME SCHOOL including human and veterinary drugs. Many sured, one in three Latino Americans is unin- of the novel substances produced in pharma- sured, and nearly one in three Native Ameri- IN MICHIGAN CITY, IN ceutical crops and industrial crops are for cans and Alaska Natives are uninsured. particular medical or industrial purposes As Chair of the Congressional Asian Pacific HON. CHRIS CHOCOLA only. These substances are not intended to American Caucus (CAPAC), I want to highlight OF INDIANA be incorporated in food or to be spread into the fact that one out of every five Asian Pacific IN THE HOUSE OF REPRESENTATIVES the environment. That would be equivalent Islander Americans does not have health in- to allowing a prescription drug in the food surance. Overall, Asian Pacific Islander Ameri- Tuesday, May 2, 2006 supply. Experts acknowledge that contami- cans are far more likely to be uninsured than nation of human food and animal feed is in- Mr. CHOCOLA. Mr. Speaker, today I have evitable due to the inherent imprecision of non-Latino Whites (21 percent vs. 14 percent). the privilege of honoring an academic institu- biological and agricultural systems. This Uninsurance rates vary significantly by sub- tion that should stand as an example of what contamination by pharmaceutical crops and group. For example, 34 percent of Korean is good and right about our education system industrial crops pose substantial liability Americans, 27 percent of Southeast Asian in America. All too often we rush to give a and other economic risks to farmers, grain Americans, and about 20 percent of Chinese speech about what we feel is wrong in this handlers, and food companies. This bill at- Americans, Filipino Americans, and South country, but I believe that it is much more ad- tempts to prevent contamination of our food Asian Americans do not have health insur- mirable to have that same intensity with what supply by pharmaceutical crops and indus- ance. is right about our great country. trial crops. The health of our Nation is dependent upon The bill places a temporary moratorium on Notre Dame School has provided an excel- pharmaceutical crops and industrial crops the health of our citizens. We need a healthy lent education for preschoolers all the way until all regulations required in this bill are society if we are to remain globally competitive through 8th graders for 50 years. They have in effect. in education, technology, business, and other built and strengthened the characters of thou- The bill places a permanent moratorium areas. Our top priority in Congress should be sands of students instilling in them an appre- on pharmaceutical crops and industrial crops to find solutions to transform our healthcare ciation of service and the discipline of excel- grown in an open-air environment and on system into one that is comprehensive, uni- lence. pharmaceutical crops and industrial crops versal, and sustainable. grown in a commonly used food source. Notre Dame School students have consist- Our Federal investment must reflect this pri- ently scored in the 95th percentile on Indiana’s The United States Department of Agri- ority to provide coverage for the 46 million culture shall establish a tracking system to statewide standardized tests, and have contin- regulate the growing, handling, transpor- Americans across the country who deserve a ually produced leaders for this country, most tation, and disposal of all pharmaceutical guaranteed health insurance system. We must notably our current Chief Justice of the Su- and industrial crops and their byproducts to expand our Federal safety net, stop slashing preme Court John Roberts. prevent contamination. Medicare and Medicaid, and work to eliminate Mr. Speaker, words cannot convey how The National Academy of Sciences shall racial and ethnic health disparities. We owe it privileged I feel to have such a school within submit to Congress a report that explores al- to our parents, children, and future genera- the 2nd Congressional District. I congratulate ternatives methods to produce pharma- tions to solve this problem. ceuticals or industrial chemicals that have Principal Karen Breen, all of the teachers, ad- the advantage of being conducted in con- f ministrators, staff and students of Notre Dame trolled production facilities and do not HONORING GOVERNOR JOHN School on 50 years of excellence, and I look present the risk of contamination. ANDERSON forward to 50 more years of great achieve- f ments. f STATEMENT ON COVER THE HON. JERRY MORAN UNINSURED WEEK OF KANSAS A TAX CUT FOR THE REST OF US IN THE HOUSE OF REPRESENTATIVES HON. MICHAEL M. HONDA Tuesday, May 2, 2006 HON. BOB FILNER OF CALIFORNIA Mr. MORAN of Kansas. Mr. Speaker, I rise OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES this evening to honor the work of Governor IN THE HOUSE OF REPRESENTATIVES John Anderson, a man who chose a life of Tuesday, May 2, 2006 Tuesday, May 2, 2006 public service. His service to Kansas and the Mr. HONDA. Mr. Speaker, I rise today in United States was spread across the middle Mr. FILNER. Mr. Speaker, the ‘‘Tax Cut for recognition of ‘‘Cover the Uninsured Week,’’ part of this century and spread across the the Rest of Us’’ Act of 2006 (H.R. 5257) trans- which runs from May 1–7, 2006. This annual three branches of our government. forms the standard income tax deduction into nationwide campaign asks Americans from all After being educated by both Kansas State a ‘‘refundable’’ standard tax credit. Doing so walks of life to demand that health coverage University and the University of Kansas he will not only simplify the tax code, but put

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MY8.062 E02MYPT1 ycherry on PROD1PC64 with REMARKS May 2, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E689 more money into the pockets of poor Ameri- RECOGNIZING THE 35TH HONORING DANIEL AND CHRIS- cans. ANNIVERSARY OF AMTRAK TINA FINN OF THE PATRIOTIC PILLOW PROJECT For 25 years, refundable tax credits—such as the Earned Income Tax Credit and the ‘‘ad- ditional child tax credit’’—have proven to be HON. RUSH D. HOLT HON. DANIEL LIPINSKI simple, effective ways to help the poor. OF NEW JERSEY OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES The logical next step is to transform the IN THE HOUSE OF REPRESENTATIVES standard deduction and personal exemptions Tuesday, May 2, 2006 Tuesday, May 2, 2006 into a refundable standard tax credit (STC) of Mr. LIPINSKI. Mr. Speaker, I rise today to $2,000 for each adult and $1,000 for each Mr. HOLT. Mr. Speaker, I rise today to rec- honor Daniel and Christina Finn, founders of child. The STC will provide all the poor with a ognize Amtrak on its 35th Anniversary. Yester- the Patriotic Pillow Project, also known as Op- small but badly needed tax credit, and give a day, Amtrak celebrated 35 years of committed eration Comfort. Daniel T. Finn is a Vietnam veteran who tax cut to virtually everyone who chooses not service to America by providing reliable and to itemize their deductions. proudly served his country during the years of safe transportation. 1966 and 1967. Upon return to the United Transforming the standard deduction into a Rail service has integrated small commu- States, Mr. Finn received a teaching degree refundable tax credit will not eliminate poverty, nities with large cities across the country pro- and currently teaches at Carver, the Nation’s but it will be an enormous benefit to the poor viding opportunity for economic expansion, in- largest public military academy in Chicago. who were completely overlooked by the Bush creased mobility, and environmentally sound Christina Finn serves as a medical health tax cuts. The poor pay sales taxes, property transit. With the creation of Amtrak in 1971, professional. In this career, she has observed taxes, and many other taxes, but because our country has benefited from organized, reli- that the healing process includes both emo- they do not pay very much in income tax, they able and safe service to individuals commuting tional and psychological healing, as well as physical repair. For this reason, when Dan have little to gain from tax simplification unless to and from work and individuals using rail and Christina’s oldest son was deployed to it includes something like the STC. service for extended travel. With the rising Iraq, the Finn’s founded the Patriotic Pillow Transforming the standard deduction into a cost of airline flights, exceptionally high gas Project This project lovingly and respectfully standard tax credit will give a tax cut to those prices and bus stations being closed across collects pillows to send to wounded GIs to lift who need it most. Now is the time to pass a the country, individuals are relying more and their spirits and honor the recipient. ‘‘Tax Cut for the Rest of Us.’’ more on rail service. United Airlines and an organization called In New Jersey, employers rely on an inte- C.A.R.C. in Chicago have provided the pil- f grated rail operation to enable many of their lows. Then, anyone who can stitch a straight employees to get to and from work. As a reg- line and follow the pattern provided is encour- RECOGNIZING MEADOW HEIGHTS aged to handcraft a pillow cover. The pillow HIGH SCHOOL BOYS BASKET- ular Amtrak rider, I appreciate the profes- sionalism and service that customers enjoy covers are quilted replicas of our Nation’s BALL TEAM Flag. every day. The continued operation of Amtrak Since September 2004, the Patriotic Pillow is an essential component of easing traffic Project has received 4,350 pillows and deliv- HON. JO ANN EMERSON congestion, reducing wear and tear on roads, ered more than 2,350 finished gifts of grati- protecting our environment and preserving OF MISSOURI tude. This is quite an accomplishment for a open space in New Jersey and across the project that started out as a single page docu- IN THE HOUSE OF REPRESENTATIVES country. ment distributed to friends and various organi- Tuesday, May 2, 2006 Amtrak needs the support of Congress. zations. Funding cuts for Amtrak would have crippling It is my honor to recognize Dan and Chris- Mrs. EMERSON. Mr. Speaker, I rise today effects on transit in New Jersey and many tina Finn, founders of the Patriotic Pillow to recognize the accomplishments of the other states along the Northeast Corridor. In Project for their many achievements in sup- porting our heroic American GIs. Meadow Heights High School boys basketball 2005, ridership reached a record level of more team in Patton, Missouri. They broke the state than 25 million riders, a 29 percent increase f and national record for three point goals in a since 1996. We must meet the needs of mil- RECOGNIZING FRESNO COUNTY’S single game. On February 11, 2006, the Pan- lions of Amtrak riders through continued fund- SESQUICENTENNIAL CELEBRATION thers made 36 three point goals in a 131–66 ing for this essential American service. We win against visiting Marquand. must help Amtrak maintain key infrastructure HON. GEORGE RADANOVICH The Panthers, who average about 21 three on the 650 route miles that Amtrak owns (out OF CALIFORNIA point goal attempts a game, made 16 in the of 22,000 miles on which Amtrak operates), IN THE HOUSE OF REPRESENTATIVES first half. They broke the state record of 24 repair or replace old equipment, and encour- Tuesday, May 2, 2006 three point goals with 1:26 left in the third age local and state investment. Mr. RADANOVICH. Mr. Speaker, I rise to quarter. The basketball team scored one more I have always been a strong advocate for three point goal in the quarter and 10 addi- recognize the county of Fresno upon the cele- increased Amtrak funding and greater federal tional three point goals in the fourth quarter. bration of its 150th birthday which was on support for passenger rail service in New Jer- April 19, 2006. Since 1856, 6 years after Cali- The feat surpassed the national record of 34 sey and throughout the country. I am a co- fornia became a State, Fresno County has three point goals set by Juniata Valley High sponsor of the Amtrak Reauthorization Act, created a rich history mired in agricultural in- School of Alexandria, PA, according to the Na- which would authorize funding through Fiscal genuity, pride and immigrant perseverance. I tional Federation of High Schools, NFHS. Year 2008 for Amtrak operations and capital was pleased to recently help Fresno County NFHS certified the new school record on Feb- investment. We must show our commitment to celebrate its storied journey with a gathering ruary 25, 2006. Amtrak by reauthorizing funding instead of at its historic Santa Fe depot. This accomplishment was made possible by fighting every year to keep funding at a steady As we celebrate this occasion, it is only fit- the hard work and cooperative effort of the level. ting that we go back to one of our county’s be- ginning points, the Santa Fe depot. As a major Meadow Heights High School boys basketball Again, I congratulate Amtrak for its 35 years team. These young men are a great example hub for the valley’s newly arrived, the depot of service to our nation. Rail service is a fun- marks the commencement of agricultural pros- of teamwork and sportsmanship for the youth damental component of our nation’s contin- perity, serving as the location where many of of Southern Missouri. ually growing transportation system, and Am- the county’s goods were transported to vast I extend my sincere congratulations to Head trak has demonstrated the capacity of inte- markets. Whether their arrival was by covered Coach Tom Brown, as well as the members of grated rail service to expand economic oppor- wagon, stagecoach or train, we celebrate the the Meadow Heights High School boys bas- tunity, commuter options, and make vital con- westward journey of the early settlers with the ketball team. tributions to the fabric of our communities. example set by our valley’s student pioneers.

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MY8.067 E02MYPT1 ycherry on PROD1PC64 with REMARKS E690 CONGRESSIONAL RECORD — Extensions of Remarks May 2, 2006 Mr. Speaker, I rise to recognize the 150th Anthony Palmisano, who died in a tragic acci- We should all remember Eric’s courage and birthday of Fresno County. A story rich with dent while serving our Nation in Al Asad, Iraq. his ultimate sacrifice for our Nation. The free- tradition, I urge my colleagues to join me in Prior to joining the Marine Corps, Eric spent dom we enjoy and the liberty in the world for celebrating Fresno County’s journey and fu- much of his early childhood living in Chicago which he fought are part of the great legacy ture success. and eventually moved to Tampa, Florida with that Lance Corporal Eric Anthony Palmisano f his family. Eric had lived in central Florida leaves behind. HONORING THE SERVICE OF since 1996, and attended the University of Central Florida where he was active in sports To Eric’s fiancee and his entire family, we LANCE CORPORAL ERIC AN- extend our deepest sympathy. THONY PALMISANO TO OUR and studied criminal justice. COUNTRY Eric enlisted in the Marine Corps and at- Mr. Speaker, because of Lance Corporal tended Basic Training in Camp Pendleton, Eric Anthony Palmisano’s sacrifice for our California last year. He stood out both in train- country, I ask all Members of the U.S. House HON. JOHN L. MICA ing and during his service and quickly became OF FLORIDA of Representatives to join me in recognizing one of the best Marines in his unit. Proud of IN THE HOUSE OF REPRESENTATIVES his service in our Nation’s Armed Forces and his achievements, Eric once wrote to his remembering both his life and his dedication Tuesday, May 2, 2006 fiancee, ‘‘This is an opportunity to prove— Mr. MICA. Mr. Speaker, I rise today to mostly to myself—that when I give something to the United States of America. honor and pay tribute to Lance Corporal Eric all my effort, I cannot fail.’’

VerDate Aug 31 2005 05:06 May 03, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MY8.071 E02MYPT1 ycherry on PROD1PC64 with REMARKS Tuesday, May 2, 2006 Daily Digest Senate Ensign (for McCain) Amendment No. 3859 (to Chamber Action Amendment No. 3858), to modify a provision relat- Routine Proceedings, pages S3851–S3931 ing to the authorization of appropriations. Measures Introduced: Eleven bills and four resolu- Page S3924 tions were introduced, as follows: S. 2690–2700, S. Emergency Supplemental Appropriations: Senate Res. 459–461, and S. Con. Res. 92. Pages S3893–94 continued consideration of H.R. 4939, making Measures Passed: emergency supplemental appropriations for the fiscal year ending September 30, 2006, taking action on Jefferson Public Service Awards: Senate agreed the following amendments proposed thereto: to S. Res. 461, supporting and commending the Pages S3858–90 supporters of the Jefferson Awards for Public Service Adopted: for encouraging all citizens of the United States to Domenici/Reid Amendment No. 3769, to provide embark on a life of public service and recognizing additional construction funding for levee improve- those citizens who have already performed extraor- ments in the New Orleans metropolitan area, gulf dinary deeds for their community and country. coast restoration. Page S3859 Pages S3916–17 Cochran (for Hutchison) Amendment No. 3789, Presidential Medal of Freedom to Satchel Paige: to ensure states impacted by Hurricane Rita are Committee on the Judiciary was discharged from treated equally with regard to cost-share adjustments further consideration of S. Con. Res. 91, expressing for damage resulting from that hurricane. Page S3859 the sense of Congress that the President should post- Vitter/Landrieu Modified Amendment No. 3626, humously award the Presidential Medal of Freedom to increase the limits on community disaster loans. to Leroy Robert ‘‘Satchel’’ Paige, and the resolution Pages S3858, S3864 was then agreed to. Pages S3917–18 Lott/Dodd Amendment No. 3727, to provide Greater Washington Soap Box Derby: Senate funding for the Election Assistance Commission to agreed to H. Con. Res. 349, authorizing the use of make discretionary payments to States affected by the Capitol Grounds for the Greater Washington Hurricane Katrina and other hurricanes during the Soap Box Derby. Page S3918 2005 season. Pages S3870–72 Lung Cancer Mortality Reduction: Committee Vitter Modified Amendment No. 3627, to des- on Health, Education, Labor, and Pensions was dis- ignate the areas affected by Hurricane Katrina or Hurricane Rita as HUBZones and to waive the charged from further consideration of S. Res. 408, Small Business Competitive Demonstration Program expressing the sense of the Senate that the President Act of 1988 for the areas affected by Hurricane should declare lung cancer a public health priority Katrina or Hurricane Rita. Pages S3858, S3873 and should implement a comprehensive interagency program that will reduce lung cancer mortality by Salazar Amendment No. 3736, to provide funding for critical National Forest System projects to ad- at least 50 percent by 2015, and the resolution was dress the consequences of Hurricane Katrina and then agreed to. Page S3918 other hurricanes of the 2005 season, reduce the risk Navajo-Hopi Land Settlement Amendments: of catastrophic fires, and mitigate the effects of wide- Senate passed S. 1003, to amend the Act of Decem- spread insect infestations throughout the National ber 22, 1974, after agreeing to the committee Forest System. Pages S3878–79 amendments, and the following amendments pro- By a unanimous vote of 98 yeas (Vote No. 106), posed thereto: Pages S3918–30 Obama Amendment No. 3810, to provide that none Ensign (for McCain) Amendment No. 3858, in of the funds appropriated by this Act may be made the nature of a substitute. Page S3924 available for hurricane relief and recovery contracts D414

VerDate Aug 31 2005 05:11 May 03, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MY6.REC D02MYPT1 ycherry on PROD1PC64 with DIGEST May 2, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D415 exceeding $500,000 that are awarded using proce- Coburn Amendment No. 3641 (Division XVIII), dures other than competitive procedures. relative to the replacement of damaged fishing gear. Pages S3879–80 Pages S3858, S3880 Rejected: Pending: By 40 yeas to 59 nays (Vote No. 104), McCain/ McCain/Ensign Amendment No. 3616, to strike a Ensign Amendment No. 3617, to strike a provision provision that provides $74.5 million to states based providing $6 million to sugarcane growers in Ha- on their production of certain types of crops, live- waii, which was not included in the Administration’s stock and/or dairy products, which was not included emergency supplemental request. in the Administration’s emergency supplemental re- Pages S3858, S3860–63 quest. Page S3858 By 48 yeas to 51 nays (Vote No. 105), Coburn McCain/Ensign Amendment No. 3618, to strike Amendment No. 3641 (Division IV), relative to $15 million for a seafood promotion strategy that Navy shipbuilding cost adjustments. was not included in the Administration’s emergency Pages S3858, S3864–69 supplemental request. Page S3858 Withdrawn: McCain/Ensign Amendment No. 3619, to strike Coburn Amendment No. 3641 (Division V), rel- the limitation on the use of funds for the issuance ative to highway emergency relief funds. or implementation of certain rulemaking decisions Pages S3858, S3873 related to the interpretation of ‘‘actual control’’ of Coburn Amendment No. 3641 (Division VI), rel- airlines. Page S3858 ative to shrimp and reef fish fisheries. Warner Amendment No. 3620, to repeal the re- Pages S3858, S3873 quirement for 12 operational aircraft carriers within Coburn Amendment No. 3641 (Division VII), rel- the Navy. Page S3858 ative to AmeriCorps National Civilian Community Coburn Amendment No. 3641 (Division XIX), Corps. Pages S3858, S3873 relative to the construction of the Sacramento River- Coburn Amendment No. 3641 (Division VIII), bank Protection Project in California. relative to the procurement of V–22 aircraft. Pages S3858, S3880–86 Pages S3858, S3874 Vitter Modified Amendment No. 3628, to base Coburn Amendment No. 3641 (Division IX), rel- the allocation of hurricane disaster relief and recovery ative to the American River (Common Features) funds to States on need and physical damages. project in California. Pages S3858, S3874 Page S3858 Coburn Amendment No. 3641 (Division X), rel- Wyden Amendment No. 3665, to prohibit the ative to fishing vessels with logbooks to record haul- use of funds to provide royalty relief for the produc- by-haul catch data. Pages S3858, S3874 tion of oil and natural gas. Page S3858 Coburn Amendment No. 3641 (Division XI), rel- Santorum Modified Amendment No. 3640, to in- ative to the Armed Forces Retirement Home. crease by $12,500,000 the amount appropriated for Pages S3858, S3874–75, S3876–78 the Broadcasting Board of Governors, to increase by Coburn Amendment No. 3641 (Division XII), rel- $12,500,000 the amount appropriated for the De- ative to off-shore shrimp and reef fishery with elec- partment of State for the Democracy Fund, to pro- tronic vessel monitoring systems. Pages S3858, S3880 vide that such funds shall be made available for de- Coburn Amendment No. 3641 (Division XIII), mocracy programs and activities in Iran, and to pro- relative to New England red tide outbreak assistance. vide an offset. Page S3858 Pages S3858, S3880 Salazar/Baucus Amendment No. 3645, to provide Coburn Amendment No. 3641 (Division XIV), funding for critical hazardous fuels and forest health relative to the South Sacramento Streams project in projects to reduce the risk of catastrophic fires and California. Pages S3858, S3880 mitigate the effects of widespread insect infestations. Coburn Amendment No. 3641 (Division XV), rel- Pages S3858–59 ative to temporary marine services centers. Vitter Amendment No. 3668, to provide for the Pages S3858, S3880 treatment of a certain Corps of Engineers project. Coburn Amendment No. 3641 (Division XVI), Page S3859 relative to the replacement of private fisheries infra- Burr Amendment No. 3713, to allocate funds to structure. Pages S3858, S3880 the Smithsonian Institution for research on avian in- Coburn Amendment No. 3641 (Division XVII), fluenza. Pages S3859, S3875–76 relative to the employment of fishers and vessel own- Coburn (for Obama/Coburn) Amendment No. ers. Pages S3858, S3880 3693, to reduce wasteful spending by limiting to the

VerDate Aug 31 2005 05:11 May 03, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MY6.REC D02MYPT1 ycherry on PROD1PC64 with DIGEST D416 CONGRESSIONAL RECORD — DAILY DIGEST May 2, 2006 reasonable industry standard the spending for admin- hurricane season receive at least 3.5 percent of funds istrative overhead allowable under Federal contracts set aside for the CDBG program. Page S3859 and subcontracts. Page S3859 Cornyn Amendment No. 3672, to require that the Coburn (for Obama/Coburn) Amendment No. Secretary of Labor give priority for national emer- 3694, to improve accountability for competitive con- gency grants to States that assist individuals dis- tracting in hurricane recovery by requiring the Di- placed by Hurricanes Katrina or Rita. Page S3859 rector of the Office of Management and Budget to Murray (for Byrd) Amendment No. 3708, to pro- approve contracts awarded without competitive pro- vide additional amounts for emergency management cedures. Page S3859 performance grants. Page S3859 Coburn (for Obama/Coburn) Amendment No. Thune Amendment No. 3704, to provide, with an 3695, to improve financial transparency in hurricane offset, $20,000,000 for the Department of Veterans recovery by requiring the Director of the Office of Affairs for Medical Facilities. Pages S3873–74 Management and Budget to make information about Menendez Amendment No. 3777, to fund a Federal contracts publicly available. Page S3859 United Nations Peacekeeping force in Darfur and to Coburn (for Obama/Coburn) Amendment No. address the shortfall in the United States Contribu- 3697, to improve transparency and accountability by tions to the United Nations for international peace- establishing a Chief Financial Officer to oversee hur- keeping missions in 13 countries. Pages S3886–88 ricane relief and recovery efforts. Page S3859 During consideration of this measure today, Senate Menendez Amendment No. 3675, to provide ad- also took the following action: ditional appropriations for research, development, ac- By 92 yeas to 4 nays (Vote No. 103), three-fifths quisition, and operations by the Domestic Nuclear of those Senators duly chosen and sworn, having Detection Office, for the purchase of container in- voted in the affirmative, Senate agreed to the motion spection equipment for developing countries, for the to close further debate on the bill. Pages S3859–60 implementation of the Transportation Worker Iden- A unanimous-consent-time agreement was reached tification Credential program, and for the training of providing for further consideration of the bill at ap- Customs and Border Protection officials on the use proximately 10 a.m., on Wednesday, May 3, 2006, of new technologies. Page S3859 with 1 hour for debate, followed by a vote on Murray (for Harkin) Amendment No. 3714, to in- Coburn Amendment No. 3641 (Division XIX), list- crease by $8,500,000 the amount appropriated for ed above, with no amendments in order to the divi- Economic Support Fund assistance, to provide that sion prior to the vote; provided further, that not- such funds shall be made available to the United withstanding the adjournment of the Senate, the States Institute of Peace for programs in Iraq and time consumed in the adjournment count against the Afghanistan, and to provide an offset. Page S3859 30 hours for consideration of the measure under rule Conrad/Clinton Amendment No. 3715, to offset XXII. Page S3930 the costs of defense spending in the supplemental appropriation. Page S3859 Nominations Received: Senate received the fol- Levin Amendment No. 3710, to require reports lowing nominations: on policy and political developments in Iraq. Sheila C. Bair, of Kansas, to be Chairperson of the Page S3859 Board of Directors of the Federal Deposit Insurance Schumer/Reid Amendment No. 3723, to appro- Corporation for a term of five years. priate funds to address price gouging and market Sheila C. Bair, of Kansas, to be a Member of the manipulation and to provide for a report on oil in- Board of Directors of the Federal Deposit Insurance dustry mergers. Page S3859 Corporation for a term expiring July 15, 2013. Schumer Amendment No. 3724, to improve mari- Sheila C. Bair, of Kansas, to be a Member of the time container security. Page S3859 Board of Directors of the Federal Deposit Insurance Murray (for Kennedy) Amendment No. 3716, to Corporation for the remainder of the term expiring provide funds to promote democracy in Iraq. July 15, 2007. Page S3931 Page S3859 Measures Read First Time: Page S3891 Murray (for Kennedy) Modified Amendment No. 3688, to provide funding to compensate individuals Enrolled Bills Presented: Page S3891 harmed by pandemic influenza vaccine. Page S3859 Executive Communications: Pages S3891–93 Cornyn Amendment No. 3722, to provide for im- Executive Reports of Committees: Page S3893 migration injunction reform. Page S3859 Cornyn Amendment No. 3699, to establish a floor Additional Cosponsors: Pages S3894–96 to ensure that States that contain areas that were ad- Statements on Introduced Bills/Resolutions: versely affected as a result of damage from the 2005 Pages S3896–S3903

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Additional Statements: Pages S3890–91 LINE-ITEM RESCISSION AUTHORITY Amendments Submitted: Pages S3903–15 Committee on the Budget: Committee concluded a hear- Authorities for Committees to Meet: ing to examine S. 2381, to amend the Congressional Pages S3915–16 Budget and Impoundment Control Act of 1974 to provide line-item rescission authority, after receiving Record Votes: Four record votes were taken today. testimony from Senator Byrd; Austin Smythe, Act- (Total—106) Pages S3859–60, S3862–63, S3869, S3880 ing Deputy Director, Office of Management and Adjournment: Senate convened at 9:45 a.m., and Budget; Donald B. Marron, Acting Director, Con- adjourned at 7:33 p.m., until 9:30 a.m., on Wednes- gressional Budget Office; Louis Fisher, Specialist at day, May 3, 2006. (For Senate’s program, see the re- the Law Library, Library of Congress; and Charles J. marks of the Acting Majority Leader in today’s Cooper, Cooper and Kirk, PLLC, Washington, D.C. Record on page S3930.) BUDGET: NATIONAL SCIENCE FOUNDATION Committee Meetings Committee on Commerce, Science, and Transportation: Sub- committee on Science and Space concluded a hearing (Committees not listed did not meet) to examine fiscal year 2007 budget request, pro- grams and science priorities of the National Science FARM BILL: PEANUT PROVISIONS Foundation, after receiving testimony from Arden L. Committee on Agriculture, Nutrition, and Forestry: Com- Bement, Jr., Director, National Science Foundation; mittee concluded a hearing to examine the imple- Warren M. Washington, Chairman, National Science mentation of the peanut provisions of the Farm Se- Board; Alan I. Leshner, American Association for the curity and Rural Investment Act of 2002, after re- Advancement of Science, Washington, D.C.; and Je- ceiving testimony from Floyd Gaibler, Deputy rome D. Odom, University of South Carolina Foun- Under Secretary of Agriculture for Farm and Foreign dations, Columbia, on behalf of EPSCoR/IDeA Foun- Agriculture Services; Stanley M. Fletcher, University dation. of Georgia, Griffin, on behalf of the National Center BUSINESS MEETING for Peanut Competitiveness; Evans J. Plowden, Jr., Committee on Homeland Security and Governmental Af- American Peanut Shellers Association, Inc., Albany, fairs: Committee ordered favorably reported the fol- Georgia; and Gary Rasor, American Peanut Product lowing business items: Manufacturers, Inc., Rittman, Ohio. S. 2459, to improve cargo security, with an amendment in the nature of a substitute; AUTHORIZATION—DEFENSE H.R. 2066, to amend title 40, United States Committee on Armed Services: Subcommittee on Per- Code, to establish a Federal Acquisition Service, to sonnel met in closed session and approved for full replace the General Supply Fund and the Informa- committee consideration, those provisions which fall tion Technology Fund with an Acquisition Services within the jurisdiction of the subcommittee, of the Fund, with amendments; proposed National Defense Authorization Act for fis- An original resolution thanking Joyce cal year 2007. Rechtschaffen for her service to the Senate and to the Committee on Homeland Security and Governmental AUTHORIZATION—DEFENSE Affairs; and Committee on Armed Services: Subcommittee on Readi- The nominations of Uttam Dhillon, of California, ness and Management Support met in closed session to be Director of the Office of Counternarcotics En- and approved for full committee consideration, those forcement, Department of Homeland Security, and provisions which fall within the jurisdiction of the Mark D. Acton, of Kentucky, to be a Commissioner subcommittee, of the proposed National Defense Au- of the Postal Rate Commission. thorization Act for fiscal year 2007. Also, committee approved a committee report en- titled ‘‘Hurricane Katrina: A Nation Still Unpre- AUTHORIZATION—DEFENSE pared.’’ Committee on Armed Services: Subcommittee on Emerg- FBI OVERSIGHT ing Threats and Capabilities met in closed session Committee on the Judiciary: Committee held an over- and approved for full committee consideration, those sight hearing to examine the current state of the provisions which fall within the jurisdiction of the Federal Bureau of Investigation (FBI), focusing on subcommittee, of the proposed National Defense Au- the National Security Branch, human resources, and thorization Act for fiscal year 2007. the Trilogy Project information technology system

VerDate Aug 31 2005 05:11 May 03, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MY6.REC D02MYPT1 ycherry on PROD1PC64 with DIGEST D418 CONGRESSIONAL RECORD — DAILY DIGEST May 2, 2006 and the payment of questionable contractor costs and NOMINATIONS missing assets, receiving testimony from Robert S. Committee on the Judiciary: Committee concluded a Mueller III, Director, FBI, and Glenn A. Fine, In- hearing to examine the nominations of Sandra Segal spector General, both of the Department of Justice; Ikuta, of California, to be United States Circuit Linda M. Calbom, Director, Financial Management Judge for the Ninth Circuit, Sean F. Cox and Thom- and Assurance, Government Accountability Office; as L. Ludington, each to be United States District and John C. Gannon, BAE Systems Information Judge for the Eastern District of Michigan, who Technology, McLean, Virginia. were introduced by Senators Levin and Stabenow and Hearing recessed subject to the call. Representative Camp, and Kenneth L. Wainstein, of Virginia, to be an Assistant Attorney General, De- partment of Justice, after the nominees testified and answered questions in their own behalf. h House of Representatives United States Postal Service located at 1400 West Chamber Action Jordan Street in Pensacola, Florida, as the ‘‘Earl D. Public Bills and Resolutions Introduced: 26 pub- Hutto Post Office Building’’; Pages H1927–28 lic bills, H.R. 9, 5253–5277; and 6 resolutions, H. Con. Res. 397; and H. Res. 788, 790–793, were in- John Paul Hammerschmidt Post Office Building Designation Act: H.R. 4811, to designate the facil- troduced. Pages H1979–80 ity of the United States Postal Service located at 215 Additional Cosponsors: Pages H1980–81 West Industrial Park Road in Harrison, Arkansas, as Reports Filed: Reports were filed today as follows: the ‘‘John Paul Hammerschmidt Post Office Build- H. Con. Res. 359, authorizing the use of the Cap- ing’’; Pages H1928–30 itol Grounds for the District of Columbia Special Governor John Anderson, Jr. Post Office Build- Olympics Law Enforcement Torch Run (H. Rept. 109–448); ing Designation Act: H.R. 4674, to designate the S. 1736, to provide for the participation of em- facility of the United States Postal Service located at ployees in the judicial branch in the Federal leave 110 North Chestnut Street in Olathe, Kansas, as the transfer program for disasters and emergencies (H. ‘‘Governor John Anderson, Jr. Post Office Building’’; Rept. 109–449); and Pages H1930–31 H. Res. 789, providing for consideration of the Ronald Bucca Post Office Designation Act: H.R. bill (H.R. 4954) to improve maritime and cargo se- 4995, to designate the facility of the United States curity through enhanced layered defenses (H. Rept. Postal Service located at 7 Columbus Avenue in 109–450). Pages H1978–79 Tuckahoe, New York, as the ‘‘Ronald Bucca Post Speaker: Read a letter from the Speaker wherein he Office’’; Pages H1931–32 appointed Representative Culberson to act as Speaker Lieutenant Michael P. Murphy Post Office pro tempore for today. Page H1923 Building Designation Act: H.R. 4101, to designate Recess: The House recessed at 12:37 p.m. and re- the facility of the United States Postal Service lo- convened at 2 p.m. Page H1924 cated at 170 East Main Street in Patchogue, New Private Calendar: On the call of the Private cal- York, as the ‘‘Lieutenant Michael P. Murphy Post endar, the House passed S. 584, to require the Sec- Office Building’’; Pages H1932–33 retary of the Interior to allow the continued occu- Native American Technical Corrections Act of pancy and use of certain land and improvements 2006: H.R. 3351, concur in the Senate amendment, within Rocky Mountain National Park—clearing the to make technical corrections to laws relating to Na- measure for the President. Pages H1924–25 tive Americans—clearing the measure for the Presi- Suspensions: The House agreed to suspend the rules dent; Pages H1933–36 and pass the following measures: Salt Cedar and Russian Olive Control Dem- Earl D. Hutto Post Office Building Designation onstration Act: H.R. 2720, amended, to further the Act: H.R. 5107, to designate the facility of the purposes of the Reclamation Projects Authorization

VerDate Aug 31 2005 05:11 May 03, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MY6.REC D02MYPT1 ycherry on PROD1PC64 with DIGEST May 2, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D419 and Adjustment Act of 1992 by directing the Sec- United States involvement in bringing an end to retary of the Interior, acting through the Commis- these crimes: H. Con. Res. 90, amended, to convey sioner of Reclamation, to carry out an assessment the sympathy of Congress to the families of the and demonstration program to control salt cedar and young women murdered in the State of Chihuahua, Russian olive; Pages H1936–38 Mexico, and encouraging increased United States in- Dana Point Desalination Project Authorization volvement in bringing an end to these crimes; and Act: H.R. 3929, amended, to amend the Water De- Pages H1944–48 salination Act of 1996 to authorize the Secretary of Supporting the goals and ideals of World Water the Interior to assist in research and development, Day: H. Res. 658, amended, to support the goals environmental and feasibility studies, and prelimi- and ideals of World Water Day, by a yea-and-nay nary engineering for the Municipal Water District of vote of 397 yeas to 14 nays, Roll No. 113. Orange County, California, Dana Point Desalination Pages H1948–50, H1951–52 Project located at Dana Point, California; Senate Message: Message received from the Senate Pages H1938–39 today appears on page H1970. Central Texas Water Recycling Act of 2005: Senate Referrals: S. 1003 and S. Con. Res. 91 were H.R. 3418, amended, to amend the Reclamation held at the desk. Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to par- Quorum Calls—Votes: 3 yea-and-nay votes devel- ticipate in the Central Texas Water Recycling and oped during the proceedings today and appear on pages H1950, H1951, and H1951–52. There were Reuse Project; Pages H1939–40 no quorum calls. Congratulating the people and Government of Adjournment: The House met at 12:30 p.m. and Italy, the Torino Olympic Organizing Committee, adjourned at 11:18 p.m. the International Olympic Committee, the United States Olympic Committee, the 2006 United States Olympic Team, and all international athletes Committee Meetings upon the successful completion of the 2006 Olympic SENIORS INDEPENDENCE ACT Winter Games in Turin, Italy: H.R. 697, amend- Committee on Education and the Workforce: Sub- ed, to congratulate the people and Government of committee on Select Education held a hearing on the Italy, the Torino Olympic Organizing Committee, Seniors Independence Act of 2006. Testimony was the International Olympic Committee, the United heard from Josefina Carbonell, Assistant Secretary, States Olympic Committee, the 2006 United States Aging, Department of Health and Human Services; Olympic Team, and all international athletes upon Mason Bishop, Deputy Assistant Secretary, Employ- the successful completion of the 2006 Olympic ment Training Administration, Department of Winter Games in Turin, Italy, by a yea-and-nay vote Labor; Lt. Gov. Andre Bauer, State of South Caro- of 409 yeas with none voting ‘‘nay’’, Roll No. 111; lina; and public witnesses. Pages H1940–41, S1950 Agreed to amend the title so as to read: ‘‘Con- U.N. SANCTIONS AFTER OIL-FOR-FOOD gratulating the people and Government of Italy, the Committee on Government Reform: Subcommittee on Torino Olympic Organizing Committee, the Inter- National Security, Emerging Threats and Inter- national Olympic Committee, the United States national Relations held a hearing entitled ‘‘U.N. Olympic Committee, the 2006 United States Olym- Sanctions After Oil-for-Food: Still a Viable Diplo- pic and Paralympic Teams, and all international ath- matic Tool?’’ Testimony was heard from Ambassador letes upon the successful completion of the 2006 John R. Bolton, Permanent United States Represent- Olympic Winter Games in Turin, Italy’’. ative to the United Nations, Department of State; Pages H1950–51 Joseph A. Christoff, Director, International Affairs Recognizing the 58th anniversary of the inde- and Trade Team, GAO; and public witnesses. pendence of the State of Israel: H. Con. Res. 392, REDUCING VULNERABILITIES TO amended, to recognize the 58th anniversary of the WEAPONS OF MASS DESTRUCTION independence of the State of Israel, by a yea-and-nay Committee on Homeland Security: Subcommittee on Pre- vote of 413 yeas with none voting ‘‘nay’’, Roll No. vention of Nuclear and Biological Attack met in ex- 112; Pages H1941–44, S1951 ecutive session to receive a briefing on the Defense Conveying the sympathy of Congress to the fam- Science Board’s 2005 study ‘‘Reducing ilies of the young women murdered in the State of Vulnerabilities to Weapons of Mass Destruction.’’ Chihuahua, Mexico, and encouraging increased The Subcommittee was briefed by the following Co-

VerDate Aug 31 2005 05:11 May 03, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MY6.REC D02MYPT1 ycherry on PROD1PC64 with DIGEST D420 CONGRESSIONAL RECORD — DAILY DIGEST May 2, 2006 Chairs of the study: Larry Lynn, Independent Con- COMMITTEE MEETINGS FOR WEDNESDAY, sultant to the Department of Defense, member of MAY 3, 2006 the Defense Science Board and the Threat Reduction Advisory Council; and Robert Nesbit, Senior Vice (Committee meetings are open unless otherwise indicated) President and General Manager, Center for Inte- Senate grated Intelligence Systems, DOD C31 Federally Funded Research and Development Center. Committee on Appropriations: Subcommittee on Labor, Health and Human Services, Education, and Related Agencies, to hold hearings to examine proposed budget SAFE PORT ACT estimates for fiscal year 2007 for the Department of Committee on Rules: Granted, by a vote of 7 to 3, a Health and Human Services, 9 a.m., SD–226. structured role providing one hour of general debate Subcommittee on Defense, to hold hearings to examine on H.R. 4954, SAFE Port Act, with 40 minutes proposed budget estimates for fiscal year 2007 for De- equally divided and controlled by the chairman and fense Medical Health Program, 10 a.m., SD–192. ranking minority member of the Committee on Subcommittee on District of Columbia, to hold hear- Homeland Security and 20 minutes equally divided ings to examine ways to eliminate penalties for marriage for low income families, 10 a.m., SD–124. and controlled by the chairman and ranking minor- Subcommittee on Legislative Branch, to hold hearings ity member of the Committee on Transportation and to examine proposed budget estimates for fiscal year 2007 Infrastructure. The rule waives all points of order for the Office of Compliance, Government Printing Office against consideration of the bill. The rule provides and Congressional Budget Office, 10:30 a.m., SD–138. that the amendment in the nature of a substitute Subcommittee on Commerce, Justice, Science and Re- recommended by the Committee on Homeland Secu- lated Agencies, to hold hearings to examine proposed rity now printed in the bill shall be considered as budget estimates for fiscal year 2007 for the Department an original bill for the purpose of amendment and of Commerce, 2 p.m., S–146, Capitol. shall be considered as read. The rule waives all Committee on Armed Services: Subcommittee on SeaPower, points of order against the amendment in the nature closed business meeting to mark up those provisions of a substitute recommended by the Committee on which fall under the subcommittee’s jurisdiction of the proposed National Defense Authorization Act for fiscal Homeland Security. The rule makes in order only year 2007, 9 a.m., SR–222. those amendments printed in the Rules Committee Subcommittee on Airland, closed business meeting to report accompanying the resolution. The rule pro- mark up those provisions which fall under the sub- vides that the amendments printed in the report ac- committee’s jurisdiction of the proposed National Defense companying the resolution may be offered only in Authorization Act for fiscal year 2007, 10 a.m., the order printed in the report, may be offered only SR–232A. by a Member designated in the report, shall be con- Subcommittee on Strategic Forces, closed business sidered as read, shall be debatable for the time speci- meeting to mark up those provisions which fall under the fied in the report equally divided and controlled by subcommittee’s jurisdiction of the proposed National De- the proponent and an opponent, shall not be subject fense Authorization Act for fiscal year 2007, 11:30 a.m., to amendment, and shall not be subject to a demand SR–222. for division of the question in the House or in the Full Committee, closed business meeting to mark up the proposed National Defense Authorization Act for fis- Committee of the Whole. The rule waives all points cal year 2007, 3:30 p.m., SR–222. of order against the amendments printed in the re- Committee on Commerce, Science, and Transportation: Sub- port. Finally, the rule provides on motion to recom- committee on Consumer Affairs, Product Safety, and In- mit with or without instructions. Testimony was surance, to hold hearings to examine pool safety issues, heard from Chairman King of New York and Rep- 2:30 p.m., SD–562. resentatives Daniel E. Lungren of California, Shays Committee on Foreign Relations: to hold hearings to exam- Rohrabacher, Thompson of Mississippi, Loretta ine the nominations of Robert F. Godec, of Virginia, to Sanchez of California, Markey, Christensen, Oberstar, be Ambassador to the Republic of Tunisia, and Robert Nadler, Stupak, Millender-McDonald, Sherman, and S. Ford, of Maryland, to be Ambassador to the People’s Weiner. Democratic Republic of Algeria, 3:30 p.m., SD–419. Select Committee on Intelligence: closed business meeting to consider pending calendar business, 2:30 p.m., SH–219. Special Committee on Aging: to hold hearings to examine the future of social services for older Americans, 10 a.m., SD–106.

VerDate Aug 31 2005 05:11 May 03, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MY6.REC D02MYPT1 ycherry on PROD1PC64 with DIGEST May 2, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D421 House Committee on the Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security, to mark up the fol- Committee on Appropriations, Subcommittee on Agri- lowing bills: H.R. 4777, Internet Gambling Prohibition culture, Rural Development, Food and Drug Administra- tion, and Related Agencies, to mark up the Agriculture, Act; and H.R. 5077, Bureau of Alcohol, Tobacco, Fire- Rural Development, Food and Drug Administration, and arms, and Explosives (BATFE) Modernization and Reform Related Agencies Appropriations for Fiscal Year 2007, Act; followed by a hearing on the following bills: H.R. 11:30 a.m., 2362A Rayburn. 1384, Firearm Commerce Modernization Act; and H.R. Subcommittee on Science, The Departments of State, 1415, NICS Improvement Act, 10 a.m., 2141 Rayburn. Justice, and Commerce, and Related Agencies, on State Committee on Resources, hearing on the following bills; Department, Public Diplomacy, 10 a.m., 2359 Rayburn. H.R. 5018, American Fisheries Management and Maine Committee on Armed Services, to mark up H.R. 5122, Na- Life Enhancement Act; and H.R. 1431, Fisheries Science tional Defense Authorization Act for Fiscal Year 2007, and Management Enhancement Act of 2005, 10 a.m., 10:30 a.m., 2118 Rayburn. 1324 Longworth. Committee on Education and the Workforce, hearing enti- Subcommittee on Water and Power and the Sub- tled ‘‘Building American Competitiveness: Examining the committee on Forests and Forest Health, joint oversight Scope and Success of Existing Federal Math and Science hearing on The Need for Proper Forest Management on Programs,’’ 10:30 a.m., 2175 Rayburn. Federal Rights of Way to Ensure Reliable Electricity Committee on Energy and Commerce, hearing on a measure Service, 10 a.m., 1334 Longworth. to authorize the National Highway Traffic Safety Admin- Committee on Science, hearing on the Role of the Na- istration to set passenger car fuel economy standards, 10 tional Science Foundation in K–12 Science and Math a.m., 2123 Rayburn. Education, 10 a.m.; and to mark up H.R. 5143, H–Prize Subcommittee on Commerce, Trade, and Consumer Act of 2006, 3:30 p.m., 2318 Rayburn. Protection, to continue hearings entitled ‘‘Digital Content Committee on Small Business, hearing entitled ‘‘Sarbanes- and Enabling Technology: Satisfying the 21st Century Oxley Section 404: What Is the Proper Balance Between Consumer,’’ 10 a.m., 2123 Rayburn. Investor Protection and Capital Formation for Smaller Subcommittee on Oversight and Investigations, to con- Public Companies?’’ 2 p.m., 2360 Rayburn. tinue hearings entitled ‘‘Sexual Exploitation of Children Subcommittee on Rural Enterprises, Agriculture and Over the Internet: What Parents, Kids and Congress Technology, hearing entitled ‘‘The Future of Rural Tele- Need To Know About Child Predators,’’ 2 p.m., 2123 communications: Is Universal Service Reform Needed?’’ Rayburn. 10 a.m., 2360 Rayburn. Committee on Financial Services, hearing entitled ‘‘Pro- Committee on Transportation and Infrastructure, Sub- tecting Investors and Fostering Efficient Markets: A Re- committee on Aviation, oversight hearing on Mishandled view of the S.E.C. Agenda,’’ 10 a.m., 2128 Rayburn. Baggage: Problems and Solutions, 10 a.m., 2167 Ray- Committee on International Relations, Subcommittee on burn. Europe and Emerging Threats, hearing on The United Committee on Ways and Means, Subcommittee on Health, States and NATO: Transformation and the Riga Summit, hearing on Implementation of the Medicare Drug Benefit, 2 p.m., 2172 Rayburn. 2 p.m., 1100 Longworth.

VerDate Aug 31 2005 05:11 May 03, 2006 Jkt 049060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D02MY6.REC D02MYPT1 ycherry on PROD1PC64 with DIGEST D422 CONGRESSIONAL RECORD — DAILY DIGEST May 2, 2006

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, May 3 10 a.m., Wednesday, May 3

Senate Chamber House Chamber Program for Wednesday: After the transaction of any morn- Program for Wednesday: Consideration of suspensions as fol- ing business (not to extend beyond 30 minutes), Senate will lows: (1) H. Res. 781—Congratulating charter schools and continue consideration of H.R. 4939, Emergency Supplemental their students, parents, teachers, and administrators across the Appropriations, with a vote on Coburn Amendment No. 3641 United States for their ongoing contributions to education; (2) (Division XIX) following 1 hour of debate. H. Con. Res. 359—Authorizing the use of the Capitol Grounds for the District of Columbia Special Olympics Law Enforcement Torch Run; (3) H.R. 4700—To provide for the conditional conveyance of any interest retained by the United States in St. Joseph Memorial Hall in St. Joseph, Michigan; (4) H.R. 5253—To prohibit price gouging in the sale of gasoline, diesel fuel, crude oil, and home heating oil; (5) H.R. 5254— Refinery Permit Process Schedule Act; (6) H. Con. Res. 99— Expressing the need for enhanced public awareness of traumatic brain injury and support for the designation of a National Brain Injury Awareness Month; and (7) H. Res. 245—Sup- porting the goals and ideals of National Nurses Week. Consid- eration of H.R. 4975—Lobbying Accountability and Trans- parency Act of 2006 (Structured Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Evans, Lane, Ill., E683 McCotter, Thaddeus G., Mich., E675, Rothman, Steven R., N.J., E684 Filner, Bob, Calif., E688 E678, E680 Sanders, Bernard, Vt., E682 Brown, Henry E., Jr., S.C., E674, E678 Harman, Jane, Calif., E686 Markey, Edward J., Mass., E680 Skelton, Ike, Mo., E673, E675 Capito, Shelley Moore, W.Va., E685 Hinchey, Maurice D., N.Y., E684 Mica, John L., Fla., E690 Solis, Hilda L., Calif., E674, E678 Chocola, Chris, Ind., E687, E688 Holt, Rush D., N.J., E689 Moran, Jerry, Kans., E688 Udall, Mark, Colo., E685 Cole, Tom, Okla., E680 Honda, Michael M., Calif., E688 Nadler, Jerrold, N.Y., E679 Conyers, John, Jr., Mich., E685 Kildee, Dale E., Mich., E675, E678, E680 Porter, Jon C., Nev., E684, E686 Visclosky, Peter J., Ind., E682 Cuellar, Henry, Tex., E675, E678, E680, Kucinich, Dennis J., Ohio, E683, E687 Radanovich, George, Calif., E689 Walsh, James T., N.Y., E679 E682 Lee, Barbara, Calif., E683 Rangel, Charles B., N.Y., E673, E677, Wu, David, Ore., E685 DeLauro, Rosa L., Conn., E681 Lewis, Ron, Ky., E684, E686 E678 Emerson, Jo Ann, Mo., E689 Lipinski, Daniel, Ill., E689 Rogers, Mike, Ala., E683

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