E474 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 2006 the difference and embody the true spirit of HONORING THE MEMORY OF CALI- GOSPEL MUSIC WEEK the American people, which is to help out our FORNIA STATE SENATOR AL- fellow man in times of trouble. FRED E. ALQUIST HON. JIM COOPER In May, the American Red Cross will turn OF 125 years old. This organization, while having HON. JIM COSTA IN THE HOUSE OF REPRESENTATIVES its roots firmly steeped in the past, is eagerly OF Thursday, March 30, 2006 looking towards the future and overcoming the IN THE HOUSE OF REPRESENTATIVES challenges that come our way. I have con- Mr. COOPER. Mr. Speaker, beginning this fidence they will succeed. The Red Cross is a Thursday, March 30, 2006 weekend, more than 3,000 individuals will vehicle for the common American to help their Mr. COSTA. Mr. Speaker, I rise today to gather in my hometown of Nashville to cele- neighbor and that spirit will never fade. I com- honor the memory of former California State brate one of the most exciting and fastest- mend the Red Cross for serving the United Senator Alfred E. Alquist. He is survived by growing segments of the music industry. While States and its international neighbors for 125 his wife, State Senator Elaine White Alquist; most people around the world think of Nash- years. son Alan Alquist; stepsons Peter and Bryan ville—Music City—as the place to come to White; and five grandchildren. enjoy the best country and bluegrass music in f Alfred Ernest Alquist was born in Memphis, the world, Nashville is also home to another Tennessee on August 2, 1908. He began his powerful music force: the Gospel Music Asso- PERSONAL EXPLANATION professional life as a railroad yardmaster and ciation. transportation supervisor, in which he dutifully From April 1st through April 5th, Nashville HON. MARILYN N. MUSGRAVE served for 40 years. In his time with the rail- will host Gospel Music Week. It is five days of concerts, worship services, performance OF COLORADO road industry, Senator Alquist developed and cultivated a keen interest in transportation showcases, educational seminars and exhib- IN THE HOUSE OF REPRESENTATIVES issues. With a passion for policy nested, Sen- its, all culminating on Wednesday evening with Thursday, March 30, 2006 ator Alquist joined his local Democratic Club in the GMA Music Awards. Known as the Dove San Jose, California, which proved to be a Awards, this year’s ceremony will be held at Mrs. MUSGRAVE. Mr. Speaker, I was un- stepping stone for his political career. the Grand Ole Opry House and hosted by Re- available on the evening of Tuesday, March Ever the dedicated citizen, Senator Alquist becca St. James and Kirk Franklin, both 28, 2006, and as a result, was not able to cast embarked on the campaign trail and was Grammy and Dove Award winners them- my vote on rollcall vote 69. The matter under elected to the California State Assembly in selves. St. James and Franklin will also per- consideration was passage of the Milk Regu- 1962. After his years in the Assembly, Senator form during the evening’s program that will latory Equity Act, S. 2120. Alquist was elected to the State Senate in feature artists ranging from soulful gospel to Mr. Speaker, had I been present, I would 1966 and became the first full-time Legislature guitar driven pop to powerful quartet harmo- have recorded my vote on rollcall vote 69 as that same year. nizing and more. ‘‘yea’’ in support of passage for S. 2120, the Senator Alquist’s legislative legacy includes The sold-out event is a testimony to the Milk Regulatory Equity Act. serving as Chair of the Senate’s Budget Com- popularity and power of gospel music today. mittee for 15 years. His concern for Califor- Christian and gospel music sales have in- f nia’s future earthquake preparedness led him creased from $381 million in 1995 to over $700 million annually, an 80 percent increase TRIBUTE TO A FALLEN SOLDIER to author landmark legislation that created the state’s Seismic Safety Commission and the over the last decade. Over 43.5 million units of Energy Commission. Senator Alquist spear- Christian and gospel music CDs, cassettes, HON. MICHAEL BILIRAKIS headed a bill that established the Santa Clara digital albums, and digital tracks were sold in OF FLORIDA Valley Transportation Authority and was the 2005. That figure represents over 6 percent of all music sales in 2005 and ranks higher than IN THE HOUSE OF REPRESENTATIVES pioneer in leading an almost two decade effort to build a state office in San Jose, California. Latin, Soundtracks, Jazz or Classical releases. Thursday, March 30, 2006 When the building was completed in 1983, it As John W. Styll, president of the Gospel Mr. BILIRAKIS. Mr. Speaker, I would like to was named in Mr. Alquist’s honor. Music Association has said, this growth in the pay tribute to a fallen soldier from the Ninth Senator Alquist retired from the State Legis- Christian and gospel music isn’t surprising. Congressional District of Florida. Army Ser- lature in 1996. He was 88 years old when he ‘‘The heart of gospel music may be in the geant Michael D. Rowe, from New Port ended his tenure and made history by becom- lyrics, but the soul is in the passion with which Richey, Florida, was killed by a roadside bomb ing the State Senate’s longest-serving mem- these artists perform.’’ in Rutbah, Iraq. His death came just before his ber. Clearly, the world is passionate about gos- 24th birthday. Senator Alfred Ernest Alquist passed away pel music and the many outstanding artists who will appear in Nashville in the coming Michael’s decision to join the military dem- on Monday, March 27, 2006 at the age of 97. days. I salute each of these individuals, and onstrates his dedication and service to this na- I had the great pleasure of being Senator the Gospel Music Association, as they prepare tion. Following high school, our young people Alquist’s seatmate while we served together in for the 37th Annual GMA Music Awards and have many opportunities and wide open doors the Senate. Senator Alquist touched the lives Gospel Music Week and another year of in- to pursue their dreams. Michael chose the of many people and his legacy will remain spiring performances that touch the hearts and path of the Army because he believed that it vivid for generations to come. His genuine souls of music lovers worldwide. was his honor and duty to serve his nation concern and vision for the future have all and protect our freedom. In fact, he had told made the state of California a much better f his mother that the Army would be his career place. REGARDING RESOLUTION OF IN- and had re-enlisted for another four years of f QUIRY SEEKING DOCUMENTS service shortly before he died. He did not CONCERNING WHITE HOUSE choose this path because he thought that he PERSONAL EXPLANATION KNOWLEDGE OF THE CONSTITU- would one day become a war hero or that this TIONAL INFIRMITY OF S. 1932 career would provide him a lucrative and ex- HON. DAN BOREN travagant life. OF OKLAHOMA HON. HENRY A. WAXMAN I know it has been a very hard and difficult IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA time for Michael’s family and friends, espe- IN THE HOUSE OF REPRESENTATIVES cially since Michael’s wife, Rebecca, is expect- Thursday, March 30, 2006 ing their first child in July. I hope they know Mr. BOREN. Mr. Speaker, on rollcall Nos. Thursday, March 30, 2006 that the nation thanks him for his service and 43, 45, 47, 48, 49, 50, 51, 52, 55, 59, 60, and Mr. WAXMAN. Mr. Speaker, today, I and a we appreciate the sacrifices they had to make 63, had I been present, I would have voted number of my colleagues are introducing leg- for us as well. ‘‘yes’’. islation to investigate the White House’s Let freedom ring where all can hear it and Mr. Speaker, on rollcall Nos. 44, 46, 53, 54, knowledge of the constitutional defects of S. let Sergeant Michael Rowe’s memory be eter- 56, 57, 58, 61, 62, 64, 65, 66, and 67, had I 1932, the Deficit Reduction Act of 2005, at the nal. been present, I would have voted ‘‘no.’’ time the President signed the bill into law.

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.045 E30MRPT1 ycherry on PROD1PC64 with REMARKS March 30, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E475 On February 8, 2006, President Bush bus Reconciliation Act of 2005. During the House and Senate had voted for different bills, signed into law a version of S. 1932 that was House-Senate conference committee on the the House having adopted a version that pro- different in substance from the version the bill, a significant last-minute issue arose in the vided for 36 months for DME and the Senate U.S. House of Representatives passed on conference involving how long Medicare having adopted a version that provided for 13 February 1, 2006. The House-passed version should pay for durable medical equipment, months. of the legislation required the Medicare pro- DME. Existing Medicare law provided for pay- Because the budget legislation originated in gram to lease ‘‘durable medical equipment,’’ ments for DME by Medicare under a fee the Senate, the official version was returned to such as wheelchairs, for seniors and other schedule for an unlimited period of time. In an the Senate before being transmitted to the beneficiaries for up to 36 months, while the effort to reduce Medicare spending, the con- President for his signature. At this point, a version of the legislation signed by the Presi- ferees tentatively agreed to reduce the dura- Senate clerk made a second substantive dent limited the duration of these leases to tion of Medicare payment to just 13 months. change in the legislation, revising the House- just 13 months. As the Congressional Budget This proposal, however, generated objec- passed text to reflect the original Senate- Office reported, this seemingly small change tions from a Senator and Representative from passed amendment. This change restored the from 36 months to 13 months has a dispropor- Ohio, where a major manufacturer of oxygen 13-month period for coverage of DME other tionately large budgetary impact, cutting Medi- equipment is located. To accommodate their than oxygen equipment. care outlays by $2 billion over the next 5 concerns, the conference report reduced the On February 7, the budget legislation was years. duration of Medicare payments for most DME presented to the President. The documents Under the U.S. Constitution, a bill cannot to 13 months, but directed Medicare to con- transmitted to the President included an attes- become law unless the same version is tinue to pay for oxygen equipment for 36 tation by House Speaker DENNIS HASTERT and passed by both Houses of Congress and months. The final conference report was filed President pro tern of the Senate TED STEVENS signed by the President. It appears that the on December 19, 2005. that the legislation had been passed by both Republican congressional leadership knew The House passed the conference report on the Senate and the House. that the process of enacting S. 1932 violated S. 1932 on December 19, 2005, by a vote of On the morning of February 8, the White this principle. Now evidence is mounting that 212–206. House Office of Management and Budget noti- the President and his staff may have know- The Senate considered the conference re- fied Republican congressional staff that the ingly participated in this constitutionally infirm port on December 19, 20, and 21. During that version of the legislation presented to the process. President was not the same as the version of As I wrote to former White House chief of consideration, several points of order were the legislation passed by the House. This in- staff Andrew Card on March 15, I have raised against the report and sustained as vio- formation was conveyed to the office of House learned that the Speaker of the House advised lating the congressional budget process. A Speaker HASTERT. The Speaker’s chief of staff the White House of the differences between motion was made to waive these points of then called senior staff at the White House to the House-passed bill and the bill presented to order but that motion was defeated. The effect advise the White House of this mistake and to the President before the President signed the was to defeat the conference report in the Senate. request a delay in signing of the legislation. legislation. This account was confirmed in a The Wall Street Journal recently published March 22 Wall Street Journal article, which re- On December 21, the Senate passed S. an account of the communications between ported that the Speaker’s chief of staff ‘‘called 1932 with an amendment that reflected the the Speaker’s chief of staff and the White a high ranking White House official’’ and contents of the conference report, minus the House. According to the Wall Street Journal, ‘‘asked the Administration to delay pro- items that generated the points of order. The the Speaker’s office ‘‘confirmed . . . that the ceedings until the problem could be addressed vote in the Senate was a tie, and Vice Presi- Illinois Republican had asked the administra- by the House and Senate.’’ Nevertheless, the dent CHENEY cast the deciding vote. This bill, tion to delay proceedings until the problem President signed S. 1932 into law without any as amended, was then sent back to the House could be addressed by the House and Sen- action by the House and Senate to address for its concurrence. ate.’’ Indeed, the Wall Street Journal reported, the problem. In the process of transmitting the bill, as This information has serious constitutional amended, back to the House, the Senate clerk ‘‘When the Speaker and Senate Majority implications. When the President took the oath made a significant substantive change to the Leader . . . went to the White House for the of office, he swore to ‘‘preserve, protect, and legislation. This change extended the duration Feb. 8 ceremony, they expected only a ‘mock defend the Constitution of the .’’ of Medicare payments for all DME to 36 ceremony’—not a real signing of the parch- If the President signed S. 1932 knowing its months, the same time period provided in the ment that had been presented in error.’’ constitutional infirmity, he would in effect be Senate amendment for oxygen equipment. On the afternoon of February 8, despite the placing himself above the Constitution. The Senate clerk realized the mistake, and the communications from the House Speaker, the The President’s decision to authorize the Republican House leadership was informed of President signed the bill. The version the National Security Agency to conduct the error in January, several weeks before President signed is the version that reflected warrantless wiretaps despite Federal laws for- final House floor action was scheduled to the Senate-passed amendment, not the bidding the practice has raised questions in occur. House-passed text. the minds of many Americans about whether Such errors in formal messages between THE NEED FOR THE RESOLUTION he considers himself bound by the laws en- the houses are not unprecedented. They are Over 100 years ago, the Supreme Court ad- acted by Congress. The mounting evidence recorded in the House precedents as having dressed whether a bill could become law if the that the President signed the Reconciliation occurred as long ago as March 13, 1800, and version signed by the President differed from Act into law knowing that it differed from the as recently as July 12, 2005. They are typi- the version passed by the House and Senate. legislation passed by Congress now raises the cally handled by sending the legislation back In the case of Field v. Clark, 143 US 649 issue whether he considers himself bound by to the Senate for the mistake to be corrected. (1892), the Court held that the President could the provisions of the Federal Constitution. The response by the Republican leadership rely on the attestation of the Speaker of the Given the constitutional issues at stake, it is to the error in S. 1932, however, was without House and the President of the Senate that imperative that Congress exercise its oversight precedent. It constitutes a violation of the the legislation before the President was the powers to examine what the President and his House Rules and of the Constitution itself. same as the legislation that passed the Con- staff knew about the defects in S. 1932 and Apparently concerned that any additional gress. But the Court also recognized that the how they considered and acted on any such vote in the Senate could endanger passage of outcome would be different if there were a information. The resolution of inquiry I am in- the legislation, the Republican leadership did ‘‘deliberate conspiracy’’ to ignore the Constitu- troducing today would advance such a con- not seek to correct the problem. Instead, the tion. As the Court wrote: gressional inquiry by requesting that the White Republican leadership brought the legislation It is said that . . . it becomes possible for House provide Congress with all documents to the House floor on February 1 without re- the Speaker of the House of Representatives relating to information the White House re- vealing to the Democratic leadership or the and the President of the Senate to impose ceived about the difference between the body of the House that the 36-month period in upon the people as a law a bill that was version of the bill the House passed on Feb- the legislation before the House did not rep- never passed by Congress. But this possi- ruary 1 and the version the President signed bility is too remote to be seriously consid- resent the legislation passed by the Senate. ered in the present inquiry. It suggests a de- on February 8. On February 1, the House voted on the liberate conspiracy to which the presiding BACKGROUND version of the bill, as amended, that contained officers, the committees on enrolled bills, Last fall, the House and Senate passed dif- the DME mistake. The vote was extremely and the clerks of the two houses must nec- ferent versions of the Deficit Reduction Omni- close, 216 to 214. As a result of this vote, the essarily be parties, all acting with a common

VerDate Aug 31 2005 05:05 Mar 31, 2006 Jkt 049060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A30MR8.051 E30MRPT1 ycherry on PROD1PC64 with REMARKS E476 CONGRESSIONAL RECORD — Extensions of Remarks March 30, 2006 purpose to defeat an expression of the pop- dings, and, of course, deaths as well. Always EMERGENCY SUPPLEMENTAL AP- ular will in the mode prescribed by the con- warm, always accessible, Rabbi Simckes has PROPRIATIONS ACT FOR DE- stitution. guided our community as pastor and friend. FENSE, THE GLOBAL WAR ON It now appears that the possibility that a TERROR, AND HURRICANE RE- Our community has been blessed to have President would knowingly sign legislation that COVERY, 2006 did not pass Congress is no longer ‘‘too re- such a devoted and passionate leader. Though Rabbi Simckes will be missed his role mote to be seriously considered.’’ In fact, this SPEECH OF is exactly what appears to have happened as congressional rabbi, his spirit and convic- when President Bush signed the Reconcili- tions will remain as a permanent legacy for HON. CAROLYN C. KILPATRICK ation Act. the community. The importance he placed on OF MICHIGAN learning, and his deep devotion to the Jewish To learn more about this matter, I wrote the IN THE HOUSE OF REPRESENTATIVES President’s chief of staff, Andrew Card, on people and their faith, have inspired us all, March 15, seeking information on the Presi- and we look forward to his continued involve- Thursday, March 16, 2006 dent’s knowledge of the bill’s constitutional in- ment in our lives. The House in Committee of the Whole firmity. When the Wall Street Journal reported To Chana Simckes, on behalf of the entire House on the State of the Union had under on March 22 that Speaker HASTERT’s office community, I want to thank you for sharing consideration the bill (H.R. 4939) making had informed the White House of the prob- emergency supplemental appropriations for lems with the legislation, I joined Democratic your husband to us so readily and for so long. the fiscal year ending September 30, 2006, and Leader in sending a second let- Without your love and support neither he, nor for other purposes: ter to the White House. Unfortunately, there we, could have made it so far, and for so long, Ms. KILPATRICK of Michigan. Mr. Chair- has been no White House response. together. man, I would like to use this opportunity to ad- I therefore urge my colleagues to support Mr. Speaker, I ask all my colleagues in the dress this House to explain my vote on H.R. the resolution of inquiry I am introducing House to join me in recognizing my leader, my 4939, the Emergency War and Hurricane Sup- today. The American public deserves a de- pastor, my guide, and my friend, Rabbi Dr. H. plemental Appropriations Act for Fiscal Year tailed explanation of what went wrong with the Joseph Simckes for his 29 years of service to 2006, which this chamber considered on enactment of S. 1932—and assurance that the Hollis Hills Jewish Center. We send him March 16, 2006. government leaders will not ignore basic con- our very best wishes in his years of well- Despite my misgivings for the direction of stitutional requirements regarding the legisla- earned retirement. our Iraq policy, I do not believe our troops, tive process. who are fighting so bravely, should be penal- f f ized for the mistakes in judgment of our civil- ian military leadership in the White House and IN RECOGNITION OF RABBI DR. H. the Pentagon. I also believe we need to con- JOSEPH SIMCKES COMMENDING HAITI FOR HOLDING DEMOCRATIC ELECTIONS tinue our obligation to the people and states who fell victim to Hurricane Katrina. For these HON. GARY L. ACKERMAN reasons, I supported the passage of H.R. OF NEW YORK SPEECH OF 4929, the Emergency Supplemental Appro- IN THE HOUSE OF REPRESENTATIVES HON. ALCEE L. HASTINGS priations Act for Fiscal Year 2006. Thursday, March 30, 2006 The funds in this bill will enable our soldiers OF FLORIDA and marines on the ground to uparmor their Mr. ACKERMAN. Mr. Speaker, I rise today vehicles. There should be more outrage from IN THE HOUSE OF REPRESENTATIVES in honor of Rabbi Dr. H. Joseph Simckes, who the American public that they were deployed has just retired after 29 years of service to the Tuesday, March 28, 2006 without adequate equipment from the begin- Hollis Hills Jewish Center. ning. But they are there, and it is vital that As the spiritual leader of the Hollis Hills Mr. HASTINGS of Florida. Mr. Speaker, I they have the equipment necessary to protect Jewish Center, Rabbi Simckes’ dedication and rise today to honor the people of the Republic themselves against attack. Moreover, more compassion to our community has been un- of Haiti for holding successful democratic elec- money is provided in this bill to help our paralleled. I have had the great honor of tions on February 7, 2006. I would also like to troops detect and destroy improvised explo- knowing this intelligent, wise and kind-hearted congratulate their chosen successor, Mr. Rene sive devices (IEDs). individual, both on a personal level and as an ´ advocate for the numerous important issues, Preval. Although I disagree with the administration’s and, particularly, support for the state of Israel, I commend the people of Haiti for their ac- conduct of the war, I do believe the one way that we have worked on together. tive commitment to and unbridled belief in de- we can bring our troops home sooner is to Throughout his extraordinary career, Rabbi mocracy. On such an auspicious occasion, the provide Iraqi security forces with the training and equipment they need to provide for the Simckes has been deeply and profoundly in- best way we can honor the Republic of Haiti common defense of their own country and volved in the education of Jewish youth. His is by continuing to lend our support through take the fight to the insurgency. Ultimately, the strong support of Jewish education was evi- economic and humanitarian policy that encour- fate of their country will rise and fall on the dent early in his career through his role in ages development, not dependency. helping to found the first Solomon Schecter Iraqis’ ability to provide for their own security. While elections are the necessary first step Day School in Boston. Rabbi Simckes has To further help our troops, the money in this also led over 40 student-groups on tours towards democracy in Haiti, there still remains bill will take care of the health care needs of throughout Israel. I have seen first hand the a long road ahead. It is crucial that we, the their families and cover the projected shortfall importance Rabbi Simckes places on edu- United States, do not continue to perpetuate in the defense health care account. It also cation through the important work that he has the legacy of interference and neglect in Hai- honors the obligation Congress made last year done helping sculpt today’s Jewish curriculum tian affairs. to increase the military death gratuity to and the vast knowledge and rigor that he dis- We must work with the newly elected Presi- $100,000 from $12,000 and subsidized life in- plays in his moving sermons. The wisdom he dent of the Republic of Haiti, Rene Pre´val, and surance benefits that were increased to $400,000 for the families of fallen loved ones. has shared both inside and outside of his con- we must work with Haitians in both Haiti and gregation has improved and enriched the lives the U.S. to make their dreams of sustained The bill also helps needy families offset the high cost of heating fuel by providing an addi- of thousands in the community. democracy and prosperity a reality. Rabbi Simckes is also a trained therapist, tional $750 million for the Low Income Home whose compassion and guidance have com- Several of my distinguished colleagues, my- Energy Assistance Program (LIHEAP). Finally, forted both old and young. Rabbi Simckes has self included, have a significant number of the bill honors what I feel is our country’s obli- been a pillar of strength throughout his tenure Haitian constituents in our district. It is my sin- gation to help the Gulf Coast region by appro- counseling, comforting, and sharing in the pain cerest hope that we will work to bring their priating $19.1 billion in disaster relief, commu- and joy of the whole community. home country out of the grips of poverty and nity development and levee reconstruction Rabbi Simckes has stood with the Queens despair once and for all so that Haiti’s rich, yet monies. Jewish Community during our most important tumultuous, past will finally evolve into a future These programs deserve our support. We life-cycle moments: births, bar-mitzvahs, wed- of sustained success. cannot turn our backs to protecting

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